SteakMan
TiVo Forum Special Member
Registered: Nov 2001
Location: Chicago
Posts: 765 |
quote: Originally posted by MighTiVo
Please explain how, I disagree with your assertion.
The DMCA grants an exemption from the law to ephemeral recordings (copies of recordings). In order to qualify for ephemeral recording exemption, only the person who made the recording can use it, you must destroy the copy within six months unless you intend to preserve it solely for archival purposes and you make only one copy.
That is the exception that lets you legally rip a CD and/or record the DirecTV signal to a hard drive. The one copy mentioned is the copy you are playing to the TV.quote: Q. In recent congressional testimony, the Chairman of the Recording Industry Association of America (“RIAA”) said that it is not “fair use” to make a copy of your own CD to play in your car. Does any law or court case say this?
A. No. Audio home recording is covered by the general principles of fair use recognized in the Betamax case. In the HRRC view, the law as interpreted by the Supreme Court protects the sale of home recording devices, both video and audio, to consumers, and recognizes that the fair use rights of consumers include private, noncommercial home recording, such as making a tape for your car.
So what is different from making a tape for your car and making a duplicate for your second TiVo?
Making a tape for your car throws in an analog conversion so the DMCA would not apply. Duping a CD to CD-R does violate the DMCA, but who is going to prosecute a consumer?quote: At a February 28 Senate Commerce Committee hearing, the heads of the MPAA and two major studios purported to drop all attempts to do this[ turn off for all purposes (including viewing) home interfaces ]. They:
·characterized prior home taping concerns as "history,"
·said they have no present concerns over home recording so long as content is not uploaded to the Internet, and
·said they would no longer insist on the ability to shut off in-home product interfaces based on such concerns ("selectable output control" or "extended CCI").
That is very good news, it doesn't change the law, but it is very good news.
-SteakMan-
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