Quote:
Originally Posted by Nautilus
Cablevision never made any stream public, except for their main stream which they were licensed to make public. They were not upheld because the court ruled that making a private stream public is legal, they were upheld because (among other reasons) they never made the second (private) stream public.
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sure they did when they delivered the copy to the settop box over the internet. The file was broken into packets and transmitted over the internet. The problem with your misrepesentation of the act is that you equate all public communication with public performance.
that like saying that all men are white men
all blues are navy blue
and all red are blood red.
none of those statements are ture
Quote:
Your definition does not match the one in the Act:
3 [t]o perform or display a work ?publicly? means (1) to
4 perform or display it at a place open to the public or at
5 any place where a substantial number of persons outside of a
6 normal circle of a family and its social acquaintances is
7 gathered; or (2) to transmit or otherwise communicate a
8 performance or display of the work to a place specified by
9 clause (1) or to the public, by means of any device or
10 process, whether the members of the public capable of
11 receiving the performance or display receive it in the same
12 place or in separate places and at the same time or at
13 different times.
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sure it does because i don't stop part way thru the definition like you did
it does not say "to transmit or otherwise communicate"
it says
"to transmit or otherwise communcate
a performance"
display of the work to a place specified by clause or to the public, by means of any device or process, whether the members of the public capable of receiving the performance or display receive it in the same place or in separate places and at the same time or at different times.
now look at the downloaded copy or cached copy
the action of display or performing is independent from creating.
I could download a video and then delete it (i have done that when i found the file was the wrong format (.mkv)). I could decide to flag a video and then change my mind never to watch it. (as in when the series became stupid and decide to not watch anymore... ala prison break)
it would never be performed it would never be displayed.
The public communication would exist, just like i am still a man
but it would not be public performance just like i am not an white man.
public communcation does not make the act a public performance, if that interpertation was valid no fair use could exist on the internet since every single packet is transfered on public wires of the internet.