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 guitarzan
Premium Member
join:2004-05-04
Skytop, PA |
to 67845017
Re: hummmsaid by 67845017:As for the third factor, you are time shifting an entire season at once and then placing all the episodes together on one or more disks. This would seem to go against a finding of fair use. Finally, and probably most importantly, is your copy affecting the potential market for the work. Things to consider include whether your copy is as good as the originals. In this case yes--and even more so--because there are no commercials in the copy you made. The whole season without commercials would seem to compete for sales by the studio of their likely future DVD pack of the season of Lost. On the other hand, you aren’t widely distributing the materials and you aren’t posting it on line. Still, an argument can be made that you are causing a potential sale of a DVD set from the copyright holder to not be sold. I think you likely wouldn’t be able to get a finding of fair use. Suppose one does time shift the entire season's episodes of Lost without commercials onto a disc or two. Now, there is no intent to share, distribute this IP content through a P2P network,or post it on line, only personal family viewing. How can an argument be made, using the example cited here, that one is causing a potential sale of a DVD set from the copyright holder to not be sold.? quote:
The whole season without commercials would seem to compete for sales by the studio
IMO its a value versus cost issue. Factor in price for the cable connection or subscription, the set top box and related hardware to copy and archive the content. In the long run, it may well be cheaper to buy the Lost DVD season from the studio. However, to me, it doesn't make sense to pay for the same content twice. Thus, negating the "lost" sale argument. Plus no commercials is an added benefit. | |  hopeflickerCapitalism breeds greed
Premium Member
join:2003-04-03
Long Beach, CA |
said by guitarzan:said by 67845017:As for the third factor, you are time shifting an entire season at once and then placing all the episodes together on one or more disks. This would seem to go against a finding of fair use. Finally, and probably most importantly, is your copy affecting the potential market for the work. Things to consider include whether your copy is as good as the originals. In this case yes--and even more so--because there are no commercials in the copy you made. The whole season without commercials would seem to compete for sales by the studio of their likely future DVD pack of the season of Lost. On the other hand, you aren’t widely distributing the materials and you aren’t posting it on line. Still, an argument can be made that you are causing a potential sale of a DVD set from the copyright holder to not be sold. I think you likely wouldn’t be able to get a finding of fair use. Suppose one does time shift the entire season's episodes of Lost without commercials onto a disc or two. Now, there is no intent to share, distribute this IP content through a P2P network,or post it on line, only personal family viewing. How can an argument be made, using the example cited here, that one is causing a potential sale of a DVD set from the copyright holder to not be sold.? quote:
The whole season without commercials would seem to compete for sales by the studio
IMO its a value versus cost issue. Factor in price for the cable connection or subscription, the set top box and related hardware to copy and archive the content. In the long run, it may well be cheaper to buy the Lost DVD season from the studio. However, to me, it doesn't make sense to pay for the same content twice. Thus, negating the "lost" sale argument. Plus no commercials is an added benefit. What I find funny is that you can DL (via cable box) it to a VCR/DVR and that perfectly "OK" with the industry. But if you download it to a desktop computer and ohhh, you are stealing money from the artists/creators. Sometimes i miss a tv show and I'll DL it to my desktop and convert it to Divx and watch on my home dvd player. What's the big deal? | |  TechyDad
Premium Member
join:2001-07-13
USA |
to guitarzan
said by guitarzan:In the long run, it may well be cheaper to buy the Lost DVD season from the studio. However, to me, it doesn't make sense to pay for the same content twice. Thus, negating the "lost" sale argument. Plus no commercials is an added benefit. It's a time vs cost deal for the customer. You could DVR the entire season episode by episode and then transfer them from your DVR to your computer (assuming the 2 aren't one and the same) and then edit each file to remove the commercials and then burn them all to DVD, but you would be spending quite a bit of your time doing this. Plus, you are talking about using skills that Joe Average doesn't have (or things he thinks would be too hard to even try). With the DVD though, you get the entire season without commercials, professional quality menus (which you could do , but would take more time) and perhaps even some extras. For Joe Average, the DVD is the better deal. For people like you and me, the "burn our own sets" is the better deal. And honestly, I agree that it's not a "lost sale" so long as you don't start giving copies away to your friends (or, even worse, selling copies). | | 67845017 (banned)
join:2000-12-17
Naperville, IL |
to guitarzan
said by guitarzan:said by 67845017:As for the third factor, you are time shifting an entire season at once and then placing all the episodes together on one or more disks. This would seem to go against a finding of fair use. Finally, and probably most importantly, is your copy affecting the potential market for the work. Things to consider include whether your copy is as good as the originals. In this case yes--and even more so--because there are no commercials in the copy you made. The whole season without commercials would seem to compete for sales by the studio of their likely future DVD pack of the season of Lost. On the other hand, you aren’t widely distributing the materials and you aren’t posting it on line. Still, an argument can be made that you are causing a potential sale of a DVD set from the copyright holder to not be sold. I think you likely wouldn’t be able to get a finding of fair use. Suppose one does time shift the entire season's episodes of Lost without commercials onto a disc or two. Now, there is no intent to share, distribute this IP content through a P2P network,or post it on line, only personal family viewing. How can an argument be made, using the example cited here, that one is causing a potential sale of a DVD set from the copyright holder to not be sold.? quote:
The whole season without commercials would seem to compete for sales by the studio
IMO its a value versus cost issue. Factor in price for the cable connection or subscription, the set top box and related hardware to copy and archive the content. In the long run, it may well be cheaper to buy the Lost DVD season from the studio. However, to me, it doesn't make sense to pay for the same content twice. Thus, negating the "lost" sale argument. Plus no commercials is an added benefit. The original hypothetical made mention of transferring the created DVDs to a friend. If only for personal or family viewing, then I think there's no question it's covered under Sony. | | TechyDad
Premium Member
join:2001-07-13
USA |
TechyDad
Premium Member
2006-Oct-11 11:51 am
said by 67845017:The original hypothetical made mention of transferring the created DVDs to a friend. If only for personal or family viewing, then I think there's no question it's covered under Sony. I'd add educational use to the list. My wife uses Mythbusters episodes in her science class from time to time to illustrate certain science topics. (Diet Coke and Mentos is good for Chemistry/nucleation. Breakstep Bridge is good for resonance.) What we do is record Mythbusters using our DVR. After watching the episode, if my wife decides that the episode would make for a good lesson, I'll take it off the DVR, strip the commercials, and burn it onto a DVD for her. | | 67845017 (banned)
join:2000-12-17
Naperville, IL |
67845017 (banned)
Member
2006-Oct-11 12:23 pm
said by TechyDad:said by 67845017:The original hypothetical made mention of transferring the created DVDs to a friend. If only for personal or family viewing, then I think there's no question it's covered under Sony. I'd add educational use to the list. My wife uses Mythbusters episodes in her science class from time to time to illustrate certain science topics. (Diet Coke and Mentos is good for Chemistry/nucleation. Breakstep Bridge is good for resonance.) What we do is record Mythbusters using our DVR. After watching the episode, if my wife decides that the episode would make for a good lesson, I'll take it off the DVR, strip the commercials, and burn it onto a DVD for her. Sounds like fair use there as well. Educational reasons have long been deemed such. | |
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