[mythtv-users] Re: OT: Tivo Users Can, So Can MythTV users?

[Joseph A. Caputo]

On Thursday 05 August 2004 17:17, Brad wrote:
> Just to throw in a non-USA-centric view of this topic. I'd just like
> to point out that MythTV is a world-wide endeavor and most of the
> arguments against a "sharing" feature are assuming USA legal
> ramifications. Not to cast judgement on the US's current path with
> regard to the issue, but many parts of the world look at the US's
> handling of this issue (particularly the DCMA) as purely
> protectionist and driven by large corporate profits and not what is
> best for the public or artists.
>
> I live in Canada and sharing of this type has been deemed to be
> completely within the bounds of our Copyright Act. My personal belief
> is that this is the correct course of action with regards to file
> sharing. We live in a "free market society" and, as such, we are not
> obligated to ensure that traditional business models remain the same.
> In fact, we are supposed to encourage change as it often leads to
> other even more profitable advances. The fact that consumers now have
> a cheaper, easier method of acquiring media means that the business
> or businesses that take advantage of that change in the market stand
> to make huge gains... those that do not, should - quite rightly -
> disappear. This is at the very heart of capitalism and, as the iTunes
> Music Store is proving, it will (eventually) also apply to the
> current digital media delivery dilemma - not matter how much the
> RIAA, the MPAA, Disney, Metallica, and their ilk fight it.
>
> I don't really want to get involved in a fight about which path is
> the correct path. I just wanted to point out that there are many
> parts of the world (maybe even most of the world) that the legal
> points being brought up against supporting file sharing in MythTV
> have absolutely no foundation for discussion. Even in the US, it is
> likely to change - eventually. If the people in the US are so nervous
> about this feature, I think it would be completely acceptable to have
> it as an optional install. Maybe even have a little disclaimer about
> checking the legality of file sharing in your region and have the
> user accept full legal responsibility for using the module before
> installing it. Certainly that should provide enough safeguards for
> users in the US.
>
> At any rate, my point is that there certainly is a solution that
> doesn't open MythTV to the legal boggiemen running rampant through
> the US while at the same time allowing progress to forge ahead for
> the rest of the world.  ;-)


I understand that the legality of file sharing is (mostly) an American 
issue, and might not present a problem for developers/users in other 
parts of the world.  However, a number of the primary developers (most 
notable Isaac) live in the U.S., and regardless of whether or not they 
actually had a hand in developing a file-sharing plugin, they would 
undoubtedly come under the scrutiny of the RIAA/MPAA legal machine.  I 
would hate to see Isaac or any of the other devs have to spend large 
sums on legal fees just to prove that they had nothing to do with 
developing or promoting file sharing within Myth.  Quite frankly, if I 
were Isaac, even if someone else developed the feature, I'd take steps 
in the main Myth code base to disable/cripple it by default, just to 
cover myself.  It's a sad state of affairs, truly.

-JAC