Originally Posted by Quentin

In order for it to work, you have to actually try it.

This is a settlement agreement, not a verdict that came after full adjudication of a case. ;-)

I don't want to take this thread off on a big tangent, but.... the time-shifting fair use argument is not a figment of gideon's imagination. If and when the facts of a case support the application of that defense, the court will permit the argument, and the trier of fact at hand (be it judge or jury) just might accept it.

Don't take my word for it; research the case law and confirm it for yourself.