continued previous post too long
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You'll need the case which confirms that making your private copy publicly accessible is fair use, which is not going to happen, because making your private copy public would constitute a public performance of a copyrighted work - meaning that basically you're waiting for current copyright laws to be overthrown by giving public performance rights to anyone (or to anyone in possession of an authorized copy, which is basically the same, both will lead to the extinction of the content industries).
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again making an arguement that that is proven to be invalid. the timeshifted copy was delivered over the internet (made public) it would be cached by cache servers, relayed by them if making the bit stream public was the same as a public performance cablevision would have lost. Your creating a rule that doesn't exist.
what makes it a public performance is the conditions i have already pointed out
what you are playing from (the live stream or a copy made locally)
even the tube sites play from local cached copy, not directly from the stream