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Discussion Starter · #1 ·
With all of the talk about lawsuits I started wondering about a hypothetical mod to the internet sharing feature. How about if after sending a show, the show is deleted from the senders computer? This would be sort of like me giving a book to a freind after I'm done reading it. Which is perfectly legal (although I'm sure there are people who would not like it to be). The book publishers have even more to lose since their only revenue is from the first sale of the book.
 

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I see where you're going with this, makes sense.


In addition if commercials are part of the sent recording wouldn't the advertiser be happy with free second exposure to their product?
 

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I can't see that working. The reason that it is OK for me to give you a book after I've finished with it is that I have purchased the book and thus there has been a "first sale" sufficient to satisfy the first sale doctrine (which provides that the owner of a copyright cannot control the product after a first legal sale has been made). Under the first sale doctrine, once I've purchased a book (CD, DVD, etc.) the owner of the copyright cannot bring an action against either the buyer or seller on the secondary market IF there is no copying being done (I can transfer my book, but not a copy of my book).


The first sale doctrine would not apply here as:

1. My use of a video recorded doesn't qualify as a first sale - the owner of the copyright has not volunatarily parted with product in a sale scenario - I have made a copy that falls into a fair use exception created by the Supreme Court in the Betamax (Univeral v. Sony) case. Since there has been no "first sale" as the copyright owner did not volunatarily provide a copy of the copyrighted work, the "first sale" doctrine doesnt' apply here.


2. In "parting" with what is on my 4320, you're making a copy when it is transferred to your hard drive, and I'm at least a contributory infringer. A copy is being made. One question being argued is whether that copy falls into the fair use exception created by Betamax. Time shifting for personal use is fine . .. is that exception broad enough for me to time shift for you and to send a copy to you?
 

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Discussion Starter · #5 ·
I agree that there is no sale since there is really no mechanism for offer, acceptance, or fullfillment under the currenct broadcast model (pay channels excluded)*. But I do beleive that the broadcasters are acknolowledging some loss of control over their content by voluntarily using a delivery system that is inherently insecure. Would I be infringing if I owned two PVR's then recorded and watched two shows from the same time slot? Probably not. But what if I own one PVR and my freind another, then we record the same two shows, watch them, and then exchange them? The effect is the same although the mechanism is slightly different.








*Unless you subscribe to Kellner's philosophy then you pay for the show by watching it and you should be able to send the show to someone else as long as they watch the commercials.
 

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Quote:
Originally posted by holycrap


The first sale doctrine would not apply here as:

1. My use of a video recorded doesn't qualify as a first sale - the owner of the copyright has not volunatarily parted with product in a sale scenario - I have made a copy that falls into a fair use exception created by the Supreme Court in the Betamax (Univeral v. Sony) case. Since there has been no "first sale" as the copyright owner did not volunatarily provide a copy of the copyrighted work, the "first sale" doctrine doesnt' apply here.


2. In "parting" with what is on my 4320, you're making a copy when it is transferred to your hard drive, and I'm at least a contributory infringer. A copy is being made. One question being argued is whether that copy falls into the fair use exception created by Betamax. Time shifting for personal use is fine . .. is that exception broad enough for me to time shift for you and to send a copy to you?
Good points, holycrap. The plan of deleting the show after it is sent to another users would only seem to work if Sonic Blue could push a verdict stating a Cable and Satellite subscribers are consider the "first sale" by buying the above cable packages. If that were the case, the only providers that would have any sort of a case against SB would be the "free" channels like ABC, CBS, NBC and FOX in most markets unless the high def. channels were purchased.


I'm not a lawyer, but it seems that SB could argue that since ESPN, CNBC, etc. charge the cable providers and the cable provider then mark-up that price and roll it into a package with other channels the "first sale" has happened and the show should be able to be x-fered.


It seems logical to me but I'm illogical.
 
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