more on TiVo to Bring TV to iPod and PSP

[David Farber <dave () farber net>]

Begin forwarded message:

From: Matthew Gream <matthew.gream () pobox com>
Date: November 30, 2005 4:43:36 PM EST
To: dave () farber net
Subject: RE: [IP] more on TiVo to Bring TV to iPod and PSP


From: Adam Thornton <adam () io com>
Date: November 30, 2005 3:28:57 PM EST
To: dave () farber net
Subject: Re: [IP] more on TiVo to Bring TV to iPod and PSP

> Perhaps people "don't get it" because selling such a thing is very
> likely to be prosecutable under the DMCA.  An open-source Tivo-alike
> would almost certainly not kneecap the user's ability to record what
> he or she wanted, keep it around indefinitely, and remix it.  As such
> it will be unacceptable to the copyright holders.

Just to make sure that the readers of IP are fully informed of the  
facts,
rather than the speculations.

I'd be interested to hear about the circumstances in the US, but here  
in the
UK, there are specific statutory rights that allow recording and  
playback,
with makes it allowable to record with your MythTV and playback on  
your iPod
and PSP. It's a year since I looked at this area in detail, but I don't
recall any case law that narrows this.

UK Copyright Designs and Patents Act 1988

Chapter III - Acts Permitted in Relation to Copyright Works -  
Miscellaneous:
broadcasts and cable programmes - Recording for purposes of time- 
shifting.

http://www.jenkins-ip.com/patlaw/cdpa1.htm#s70

Section 70: Recording for purposes of time-shifting.

70.-(1) The making in domestic premises for private and domestic use  
of a
recording of a broadcast solely for the purpose of enabling it to be  
viewed
or listened to at a more convenient time does not infringe any  
copyright in
the broadcast or in any work included in it.

...






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