[mythtv-users] looks like ananova pulled the plug on tv_grab_uk
getling at starpower.net
Fri Jan 23 10:43:39 EST 2004
Joseph A. Caputo wrote:
> On Thursday 22 January 2004 16:16, thor wrote:
>>On Thursday 22 January 2004 15:14, Mark Cooper wrote:
>>>AFAIK, you couldn't do this without breaking someone's copyright.
>> I "break" a copyright if I copy something (i.e. I give a copy to
>>someone else ... I do not have the right to copy).
>> I do not "break" a copyright if I possess copyrighted materials in
>>an unencrypted form (look at your bookshelf).
> Right. It's just semantics; what would be broken is not a copyright but
> a license which you (knowingly or not) agreed to when you accepted the
> data. Or, more specifically, Digiguide would be breaking their
> contract/license by providing the data in an unencrypted form, or even
> by providing you with a method to unencrypt it. I don't know if
> Digiguide places any restrictions on you trying to unencrypt it
> yourself... in the USA that would probably fall under the DMCA :-(, I
> don't know if the UK has anything similar...
True, it is semantics--but (disclaimer: IANAL, and this is the US I'm
referring to) the courts have upheld click-thru licenses, but this one
is not a click-thru; and I don't believe copyright applies, as this is
the publishing of facts--see fatwallet.com and their tussles over
publishing Black Friday prices--it is exempt from copyright protection,
but the presentation of the facts (ie, the flyer in the paper) can be
copyrighted. So essentially in the US, this would be pretty much legal.
Taking the facts (channel listings), and presenting them in fashion that
does not infringe on any copyrights (ie the look of their channel guide)
should be considered legal.
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