[mythtv] virtual tuner via BitTorrent plug-in

[R. G. Newbury]

Tom Lichti wrote:
> Martin Long wrote:
>> Yes... but the point is, ripping or copying a CD or DVD is NOT illegal
>> unless the CD or DVD is copyrighted material. A photocopier is not illegal,
>> photocopying an entire novel is. A car may do speeds up to 200 miles an
>> hour, but the car itself is not illegal. Rip / copy programs are not
>> illegal, as, like I said, you might want to rip / copy your own personal
>> material (home videos, recordings of your own band etc). Circumventing DRM,
>> however is illegal in the US.
>>
>> However, I suppose that you could also say in the same light that
>> filesharing is not illegal, if it is not copyrighted material. :S
>>   
> I can't really comment on the legalities of the arguments, but I do have 
> a scenario: I can (and do) record via MythTV the Fox TV show 24, in HD, 
> using an OTA antenna. I also have MythTV remove the commercials, so when 
> I watch the show, all I see is 24, no commercials, no advertising, etc. 
> Say I miss an episode for whatever reason and I hypothetically download 
> the show and watch it, with the exact same user experience. I suspect my 
> wife would not even notice a difference. How is that illegal? 

Not an argument, but the legal position of the RIAA and Canadian CRA is 
that the person who made the copy and provided it to you, did so 
illegally and that therefore your copy is an illegal copy (and you are 
equally culpable). It is a neat and logical legal argument...
Notwithstanding that it is ultimately stupid, since no-one involved in 
this sort of copying does so for the purpose of gain. We are not talking 
about making hundreds of thousands of DVDs...

 >The show
> is broadcast freely over the air for anyone with the proper equipment to 
> receive it, so if they care to give it away like that, then how can they 
> be upset if I get the same show via alternate methods? 

Because the show is broadcast as part of Faustian bargain: the show is 
SOLD to the TV network (actually licenced) for broadcast under limited 
terms. 	The network sells advertising on a similar basis: that a certain 
number of eyes will watch the show *and the commercials*. You are one 
pair of those eyeballs, and you never knew that you had no right to 
watch what you wanted, however you wanted, did you?

> I haven't 
> deprived them of advertising eyeballs because I don't ever see them 
> anyway, and I'm not a 'Neilsen' household, so they aren't losing 
> ratings. Some shows allow you to download the episodes from their 
> website, so again, where is the problem exactly? 

But they do NOT think that way. You possibly, maybe, could be (shhh..) 
buying that improper, illegal, scabrous, necrotic copy. (Worse yet, in 
this licentious age, you might even (gasp) enjoy watching it!). And if 
you *buy* it, then *they don't get paid*...Better that you should be 
messed over to decrease the off-chance that you might buy an illegal 
copy, than that the for-profit copier should be whacked....Because of 
course you *are* right. Once the show has been broadcast, the producer 
should be welcoming alternate but free distribution channels as 
advertising *his* product, not floor cleaners and paper towels....

But nooooo.....

> Anyway, I've always wondered about that, I'm sure someone will provide 
> an argument against my hypotheses...

It's illegal because it is. So there!.



              R. Geoffrey Newbury			
            Barrister and Solicitor
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         o905-271-9600 f905-271-1638
           newbury at mandamus.org

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