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KrK
Heavy Artillery For The Little Guy
Premium
join:2000-01-17
Tulsa, OK
reply to Sammer

Re: I am a betting man

They aren't altering anything.

There is no grounds to copyright infringement claims.

The full recording is unaltered. The user can, at their discretion, can turn on a feature that will skip playback of parts of the recording. It will NOT change the recording or alter it in any way. No alteration of the work, no copyright infringement.

The Studios are going to use this case to try and roll back the Sony Betamax case that allowed recordings for home use as fair use. They would LOVE to overthrow this, as it would make ANY recording illegal unless they specifically allow it (IE you pay extra for it.)

They would LOVE to have previous precedents thrown out. Here's hoping it doesn't happen.

If watching a show at a different time from when it airs, and skipping commercials mean they label me a pirate, fine, I embrace piracy.... because it isn't and I know it.
--
"Fascism should more properly be called corporatism because it is the merger of state and corporate power." -- Benito Mussolini

Sammer

join:2005-12-22
Canonsburg, PA

1 recommendation

said by KrK:

The full recording is unaltered.

Actually the broadcast is altered because it is recorded without the commercials and it's Dish (not the consumer) doing it to make a profit. A court ruling against Dish wouldn't change the precedent in the Betamax decision that VCRs and their fast forwarding controls have non-infringing uses and that non-commercial personal use of such devices is a fair use exception of copyright law.


KrK
Heavy Artillery For The Little Guy
Premium
join:2000-01-17
Tulsa, OK
No, the broadcast is recorded with the commercials. The consumer can then skip them if they so wish.

Sammer

join:2005-12-22
Canonsburg, PA
said by KrK:

No, the broadcast is recorded with the commercials. The consumer can then skip them if they so wish.

Does the specific control Dish provides allow one to do something such as skip through public domain programming? No it has one sole (infringing) purpose of deleting all commercials from a copyrighted broadcast and Dish is without permission trying to make a profit from it. Saying the consumer has a choice doesn't change that.

Ghostmaker1

join:2011-07-11
Brunswick, OH
reply to Sammer
Sammer

It doesn't remove the commercial. The recorder just auto skips them. The commercials are still there. Not much different then skipping manually.


KrK
Heavy Artillery For The Little Guy
Premium
join:2000-01-17
Tulsa, OK
reply to Sammer
You're missing the point.

Nothing is deleted. There is no infringement. What you are arguing is akin to saying that unless people sit and watch commercials they are committing copyright infringement.... better not get up, go to the bathroom or grab a drink, you're not watching the commercial.... you PIRATE

No. No infringement. None.
--
"Fascism should more properly be called corporatism because it is the merger of state and corporate power." -- Benito Mussolini


Doctor Olds
I Need A Remedy For What's Ailing Me.
Premium,VIP
join:2001-04-19
1970 442 W30
kudos:18
reply to Sammer
said by Sammer:

said by KrK:

The full recording is unaltered.

Actually the broadcast is altered because it is recorded without the commercials and it's Dish (not the consumer) doing it to make a profit.

Care to show where you read that it deletes/doesn't record the commercials? Skip does not equal delete/not record. It seems you do not understand the technology and how it actually works.
--
What’s the point of owning a supercar if you can’t scare yourself stupid from time to time?

Sammer

join:2005-12-22
Canonsburg, PA
reply to KrK
said by KrK:

You're missing the point.

Nothing is deleted. There is no infringement. What you are arguing is akin to saying that unless people sit and watch commercials they are committing copyright infringement.... better not get up, go to the bathroom or grab a drink, you're not watching the commercial.... you PIRATE

No you are missing the point that the Betamax decision was based on technology that also had non-infringing uses and even what the movie studios considered infringing was a fair use exception by consumers who were not attempting to make any profit from the technology. Only Dish (not consumers) is being sued for copyright infringement. Consumers going to the bathroom doesn't make them pirates and is completely irrelevant to the point.

Sammer

join:2005-12-22
Canonsburg, PA
reply to Doctor Olds
said by Doctor Olds:

Care to show where you read that it deletes/doesn't record the commercials? Skip does not equal delete/not record. It seems you do not understand the technology and how it actually works.

It doesn't matter whether it's called deleting, altering, or skipping it is an automated process that has no non-infringing purpose. As I pointed out in another post a fast forward control could allow you to fast forward through a program that is in the public domain. The court also granted you as a consumer (not Dish) a fair use exception that allows you to use the same fast forward control with copyrighted broadcasts.