Bittorrent and Network Television
This is potentially a stupid question, but is it illegal to use something like Bittorrent to download an episode of a television show that was broadcast on one of the major OTA networks, like NBCCBSABC?
I ask because a friend of mine got a STOPDOWNLOADINGOURDAMNEDSHOW letter today, but he was downloading episodes of a show that hasn't YET aired in America. But what about shows that have aired in America? And for free? If I can make a videotape of a show and then send it to as many people as I like, can I also download as many episodes of a show as I want?
Cheers
I ask because a friend of mine got a STOPDOWNLOADINGOURDAMNEDSHOW letter today, but he was downloading episodes of a show that hasn't YET aired in America. But what about shows that have aired in America? And for free? If I can make a videotape of a show and then send it to as many people as I like, can I also download as many episodes of a show as I want?
Cheers
Comments
Even still, that doesn't make any sense to me, since I can legally do the same thing with a videotape. The only way it makes sense is that if the slow progression of bits outbound from my computer is strictly regarded as a "broadcast."
The people who simply download are generally hassled by their ISP for sucking up bandwidth rather than copyright violations.
I don't think the television concept of 'broadcast' actually has much impact. I think it's worth bearing in mind that lending a videotape to a friend is probably illegal too, as is 'public performance' of DVDs (at schools etc.) even if they never do anything about it.
Remember they tried to ban the videorecorder itself, and are trying to push a broadcast flag that will make the next generation of digital VCRs refuse to record programs that don't want to be recorded.
Why would it be different?
Well, because the broadcast companies like ABC, CBS, and NBC are using public airwaves to broadcast, and the shows and programs are free to anyone with an antenna. As long as I am not making any profit from sharing my copy of last weeks "Lost" there should be no problem with it. The broadcasters already shared it with the public, and that is all I am doing.
Originally posted by midwinter
If I can make a videotape of a show and then send it to as many people as I like...
Actually, you can't. It's like the old thing about "may not be rebroadcast without express written permission" that you hear mentioned at the end of a sports broadcast. Copyright is still copyright. You can't copy text from the NY Times in full and place it on your website. Yes, you can quote, but you can't present fully without a context for quoting.
But getting back to the original title.
I could see network television offering limited-time torrents - if they ever get their heads out of their asses. Kind of the way you can get show snippets on their networks (eg. Tonight Show clips on NBC in WMP).
Originally posted by JimDreamworx
Actually, you can't. It's like the old thing about "may not be rebroadcast without express written permission" that you hear mentioned at the end of a sports broadcast. Copyright is still copyright. You can't copy text from the NY Times in full and place it on your website. Yes, you can quote, but you can't present fully without a context for quoting.
Sure. But isn't the spirit of the law that I can't charge admission to have people over to watch a DVD? It's not that I can't maintain copies and watch them for personal use, or send copies of the tape to a friend for personal use?
This is all just baffling. I can capture the video on my Mac. I can capture it on my Tivo. I can stream it to other computers in the house via Eye Home or TivoToGo. I can videotape. I can edit out commercials. But I can't send a tape to a friend?
But getting back to the original title.
I could see network television offering limited-time torrents - if they ever get their heads out of their asses. Kind of the way you can get show snippets on their networks (eg. Tonight Show clips on NBC in WMP). [/B]
Indeed. Yes. Wholeheartedly agree. I'd even watch if the commercials were intact. This is specifically a question for me because of ABC's "Lost," which I came into at episode 12 and was utterly hooked, so I grabbed the rest of the eps I'd not seen. In turn, I've gotten about 4 other people hooked. If I had to wait for re-broadcast from the networks, I'd have never gotten caught up and wouldn't care much about the show.
Harumph. Networks! get your heads out of your asses!
Unless they could prove that I uploaded a full useable version *from my own computer* (read: every byte that a person has downloaded originated from my computer) I don't think that I've done anything wrong. I'd love to see a case like this brought to trial because there's nothing wrong with having the content, it's the distribution that's questionable.
Originally posted by torifile
With BT you never ever upload a useable version of ANYthing until you're done downloading it. I could be trying to download some episodes of Lost for a week and if it never finishes, no matter how much I upload have I distributed a copy of it.
Unless they could prove that I uploaded a full useable version *from my own computer* (read: every byte that a person has downloaded originated from my computer) I don't think that I've done anything wrong. I'd love to see a case like this brought to trial because there's nothing wrong with having the content, it's the distribution that's questionable.
Well, they don't go after YOU. They go after your ISP and threaten to sue. It's cheaper for your ISP to threaten to take away your connection if you don't stop.
The problem is that the DMCA violates some past rulings of the courts and so now there are many unanswered questions around this subject.
See: Sony v. Universal City Studios
Ten Friends Law
Originally posted by Dogcow
VCR, DVD-R, TIVO are all legal because they are for personal use. Meaning they can be used to record and playback for one person. (The one who owns the device and has legal access to the content.) Any distribution of that content is still illigal. Generally it would be concidered legally acceptable to give your single copy to a friend or family member. However making additional copies of the content is a violation of the copyright. In a similar maner its legal to have a copy of a program on your computer if you recoreded it and have rights to it. Distributing copies of that content is a violation of the fair use.
The problem is that the DMCA violates some past rulings of the courts and so now there are many unanswered questions around this subject.
See: Sony v. Universal City Studios
Ten Friends Law
And yet I can "broadcast" the Tivo files from my Tivo and onto another computer.
I'm so fekkin' sick of this stupid notion of copyright I could puke. A botched 18th-century idea.
Originally posted by midwinter
And yet I can "broadcast" the Tivo files from my Tivo and onto another computer.
Yes, to your computer only. Just because you can do it doesn't mean you are allowed.
I'm so fekkin' sick of this stupid notion of copyright I could puke. A botched 18th-century idea.
I agree compleatly. It's an intersting area to study, but sometimes you just want to punch the people who come up with this stuff. However, I do understand the fear of companies and why it's so difficult to settle on what is "fair" use as the technology changes.
Originally posted by Dogcow
Yes, to your computer only. Just because you can do it doesn't mean you are allowed.
No, I mean that I can use official and legal Tivo technology to get the video off my Tivo and onto any computer on my network (whether or not I own it).