Quote:
Originally Posted by Nautilus
Of course I do see such restrictions explicitly listed in the court ruling:
If that copy was created by you, uploaded to the swarm by you, and can by downloaded/veiwed only by you - that's fair use and is not a public performace (read the court ruling above).
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the local copy i download from the swarm is created and viewable only by me.
the extra part about uploaded to the swarm by you is the only way you could come to that conclusion but reread the case, that is a completely fabricated arguement
because the rs-dvr user doesn't upload anything to the remote servers. They flag the content they want (like i do when i subcribe shows to the rss feed) and cable vision redirects the stream to CREATE the copy for my personal use (like utorrent does for personal copy i get to play).
The argument you are making is what was overturned, the fact that the original broadcast was public (most of the stations fly for free thru the air which is way more public than swarm) doesn't make the partition of individual copies create for personal use a public broadcast.
that was the bogus arguement you and the copyright holders were making in the past.
look at what is being played not where it comes from.
if i pause my viewing does it pause playing for everyone else
if i stop my viewing does it stop playing for everyone else
if i delete my copy does it delete for everyone else.
that the difference between public rebroadcast and a unique copy for personal use.
Again it doesn't invalid the liability for the copier who doesn't have a right to the content. They are still guilty, it just prevents wholesale denial of those that did pay for the content to use the network as a timeshifting device.