Quote:
Originally Posted by CrkMStanz
timeshifting - as dealt with by the supreme court in this ruling - assumed that the TIVo was a 'private' timeshift. And as such I fully agree with and endorse it.
sticking it in a 'cloud , torrent, fileshare site... etc' (ie, a PUBLIC place) is not what they were considering or even envisioned.
I think if Sony HAD envisioned it and had their lawyers guide the ruling so that the ruling would emphasize the difference between public and private timeshifting.... then everyone would be a lot happier today.
just my  |
except everything you just argued was invalidated by the supreme court last year
http://www.eff.org/deeplinks/2008/08/victory-dvrs-cloud
the supreme court just upheld this decision
Quote:
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The plaintiffs urged the court to hold that if 1000 copies of the season finale of Desperate Housewives are played back in 1000 households, that's a public performance. The court instead correctly concluded that each of those copies is playable in only one household, which means that we're talking about 1000 private viewings, not a public performance.
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public transmission != public broadcast
and you can publically transmit something that is used legally for private viewing.
read the case law before talking out of your ass.