Quote:
Originally Posted by gideongallery
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
|
1. It wasn't the supreme court that ruled in the Cablevision case, at least not according to the article you linked in this thread it was 2nd Circuit Court of Appeals. According to
this story the Supreme Court refused to hear the case.
2. The way I read and understand the case here is why it was a success for Cablevision. When you push the record button on your remote the system makes a single copy of the program you want to record. They saw that as being no different that a person pressing the record button on a VCR. That the storage device was in a remote location made no difference. The reason for this is that there was no human interaction needed in the process. You press record, the system records your show. When you go to watch it it plays back that same show. It is just you and technology and not other humans are involved.
With the bit torrent swarm that is not the case. Many humans have to be involved. For you to back up your favorite show/movie or whatever to the swarm the other users have to, at the very least, seek out a torrent file, download that file, open that file with their bit torrent client and possibly then tell their client where to store the downloaded data. So there is much human interaction needed. Your backup cannot exist without the interaction of others.
3. These others are getting copies of the show/movie from your recorded copy, not their own. The case itself says if 1000 people record the same show the system makes 1000 copies of that show. If they all play them back at the same time it is then 1000 private viewings. If you are seeding a show and sharing it with the swarm you could end up with 1000's of people all getting copies of a show that they themselves did not record. They are all watching the same person's copy which could be looked upon as a public viewing.