Quote:
Originally posted by mikexny:
" The (Betamax) decision did not address transmissions via pay per view, cable TV, pay TV, or the right to make permanent copies. |
Well, that decision certainly did address the making of permanent copies, in footnote 39:
Quote:
[ Footnote 39 ] "This suggestion lacks merit. By definition, time-shift recording entails viewing and erasing, so the program will no longer be on tape when the later theater run begins. Of course, plaintiffs may fear that the Betamax owners will keep the tapes long enough to satisfy all their interest in [464 U.S. 417, 454] the program and will, therefore, not patronize later theater exhibitions. To the extent that this practice involves librarying, it is addressed in section V. C., infra. It should also be noted that there is no evidence to suggest that the public interest in later theatrical exhibitions of motion pictures will be reduced any more by Betamax recording than it already is by the television broadcast of the film." Id., at 467. |
Basically "let's shut our eyes and pretend that it'll never happen".
Gag me. It happens every day, and people share copies of stuff that they've paid to view with people who haven't paid to view it, potentially costing the IP holders profit. I know people who do it and I know people who know people who do it.
PPV wasn't a business model 17 years ago when that decision was handed down and it deserves a new court test against "fair use". It, and other pay-for-single-play delivery models are the
only type of material that DTCP can be used to prevent copying of, as per the DTCP Adopter's Agreement. In my mind, prohibiting the use of "Copy Never" on PPV would be restraint of trade, since it destroys a business model that seeks to compete with prerecorded media rental (which it
is illegal to copy, AFAIK). I don't see how they can continue PPV as it exists today in HD without it--with it, they can make it a fresher, more useful service. Not much different from renting a DVD from Blockbuster, except that I don't have to go get it and I don't have to bring it back. With an HD PVR (i.e., Tivo), I can even pause and rewind it, since such a device is allowed to retain up to 90 minutes of "Copy Never" data.
-- Mike Scott
[This message has been edited by michaeltscott (edited 08-31-2001).]