P2P download question

[calhoun]

Everyone knows that it is illegal to download movies and music through P2P but what about TV programs? What is the legality of downloading episodes of your favourite TV programs which air freely anyway?

[jimmalenko]

Firstly, there's what's legal, which changes from country to country, then there's what's permissable to be discussed here. Just wanted to make sure that we all know that there is a (sometimes vast) difference

I *think* it stems back to the concept that if you capture/record something off TV, you are only legally able to do it under the pretence of time-shifting ("You have the right to time shift your legitimately received cable, tv or satellite signal for viewing at a later time." - according to the AUP). Where you get into trouble is if you then share these instead of deleting them after viewing (that's what I understand time-shifting to be - a one-time later viewing, then the destruction of it). Then you take on unauthorised distribution of the material in question, and essentially it's this unauthorised distribution that is the root of all illegality with P2P AFAIK.

Adam ???

[adam]

Looking for a job at my office, jimmalenko?

Yes, thats it exactly. Your right to record broadcasts is via Time-shifting which is considered Fair Use, but it is by definition very limited. You are allowed to watch YOUR broadcast at a deferred point in time. You don't have the right to download or upload this material to anyone else, even if they received the exact same broadcast themselves. I am speaking of US law but I imagine this is a pretty universal concept.

By the way calhoun, the only tv programs that really air freely are public access channels. On air broadcasts are paid for through ad sales and this is only profitable because people are subjected to them at the time of viewing. I reckon that most of the tv shows distributed via P2P have the ads removed.

[Webster]

So, Adam, does this means that if a friend who is out of the country at the moment asked me to record a show, off the air, and send it to him. I can not do this legally?

[yoda313]

Hello,

From my understanding that is ok as long as you don't retain a copy or only watch it once than "destroy" your personal copy. And your freind is supposed to do the same. Once and done from my interpretaion.

Kevin

[calhoun]

So if I watch it twice I can go to jail and be put in a cell with a big black man called Bubba?

[lordsmurf]

So if I watch it twice I can go to jail and be put in a cell with a big black man called Bubba?

His name is Zeek. Bubba was released for good behavior.

[yoda313]

Hello,

Honestly I don't know how they can prosecute if you do watch it more than once. Just don't do something stupid like post it on the internet or sell copies of it

Kevin

[adam]

There really is no caselaw further interpreting the concept of time-shifting, above and beyond the general allowance described by the Supreme Court in the Betamax case. The only clear rules are that library building (recording for permanent or semi-permanent storage) and sharing are impermissible. You are supposed to delete it after watching it once and you are not supposed to time-shift anyone else's broadcasts. I'm sure any given court would grant some leeway here and there, but generally your not supposed to do it.

Watching it multiple times won't land you in jail, but it would constitute an infringement and subject you to possible civil liability to the copyright holder. So unless the copyright holder's name is Bubba, you should be ok.

As yoda313 suggested, no one would ever be prosecuted for this because such a suit would be cost prohibitive, too difficult to prove, and most of all a public relations nightmare for the copyright holder. Nevertheless, most of the hypotheticals mentioned in this thread so far are technically copyright infringements.

[yoda313]

Hello,

no one would ever be prosecuted for this because such a suit would be cost prohibitive, too difficult to prove, and most of all a public relations nightmare for the copyright holder

Yeah could you imagine SONY suing a twelve year old for his fifty video tapes of POKEMON just to prove their point about the timeshifting??? D:

Kevin