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Originally Posted by kane
I think he is arguing that with this case if you tell the DVR to record a show it makes a copy of that show and only you have access to it Only you can play it thus it is a private copy.
If you seed a show via torrent you are sharing that copy with many other people therefore it is no longer private.
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except that private copy is transmitted over the PUBLIC internet from the data center
this was the hard line arguement that was denied
the private local copy is made from the public transmission
it is not a public broadcast just because the transmission is public
you just reverse the very ruling of this case
the local copy i get from the PUBLIC swarm is just as PUBLIC internet
a bit by bit packet sniffer and the transmit to address is all i need to take an unauthorized copy from cablevision system.
that person not the timeshifter/cablevision is responsible
if cablevision only had the right if they perfectly prevented any unauthorized access they would have won the case.
so again i will ask the question
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ok smart guy then explain your positiion then
the supreme court explictly ruled in this case
that making a private copy from a Public transmission was still entitled to fair use protection based on the use of that private copy
how exactly is the transmission public if as you claim it only fair use if it controled by a single company.
By definition a single company controling it would make it private.
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