[IP] more on TiVo to Bring TV to iPod and PSP
Begin forwarded message:
From: Matthew Gream <matthew.gream@xxxxxxxxx>
Date: November 30, 2005 4:43:36 PM EST
To: dave@xxxxxxxxxx
Subject: RE: [IP] more on TiVo to Bring TV to iPod and PSP
From: Adam Thornton <adam@xxxxxx>
Date: November 30, 2005 3:28:57 PM EST
To: dave@xxxxxxxxxx
Subject: Re: [IP] more on TiVo to Bring TV to iPod and PSP
Perhaps people "don't get it" because selling such a thing is very
likely to be prosecutable under the DMCA. An open-source Tivo-alike
would almost certainly not kneecap the user's ability to record what
he or she wanted, keep it around indefinitely, and remix it. As such
it will be unacceptable to the copyright holders.
Just to make sure that the readers of IP are fully informed of the
facts,
rather than the speculations.
I'd be interested to hear about the circumstances in the US, but here
in the
UK, there are specific statutory rights that allow recording and
playback,
with makes it allowable to record with your MythTV and playback on
your iPod
and PSP. It's a year since I looked at this area in detail, but I don't
recall any case law that narrows this.
UK Copyright Designs and Patents Act 1988
Chapter III - Acts Permitted in Relation to Copyright Works -
Miscellaneous:
broadcasts and cable programmes - Recording for purposes of time-
shifting.
http://www.jenkins-ip.com/patlaw/cdpa1.htm#s70
Section 70: Recording for purposes of time-shifting.
70.-(1) The making in domestic premises for private and domestic use
of a
recording of a broadcast solely for the purpose of enabling it to be
viewed
or listened to at a more convenient time does not infringe any
copyright in
the broadcast or in any work included in it.
...
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