Quote:
Originally Posted by kane
Because they were able to successfully argue that if 1000 people record a show and all of them play it back simultaneously that is 1000 private viewings not a public broadcast which is what the opposition had been arguing.
The original broadcast of the show by the studio/network is a public broadcast, your recording and viewing of the recording is a private viewing.
This is how the legal system works. If you don't get the ruling you want you appeal and sometimes you get what you want on appeal.
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but you still didn't answer the question
why did they lose the first time they made that arguement
but win the second
appeals court doesn't simply say your wrong, you have to make a convincing arguement that the decision was wrong
if it wasn't the distinction between a public transmission and a public broadcast exactly what was that convincing arguement (not made in the original trial),