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Originally Posted by gideongallery
sure they did when they delivered the copy to the settop box over the internet.
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None of the parties involved in the Cablevision dispute touched that "public" side of a stream that was by all other means private.
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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.
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OK only some % of files will be actually viewed/performed. How does that make your transmission any less of a public performance?
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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.
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Public communication in context is the Act means that intended recipients of your transmission are the general public, not that it is done by means of public network.