Capturing Netflix & Hulu via HDMI Capture Card - Illegal?!

[Shakakahn]

Hi Guys,

i've bought recently a HDMI Capture Card for capturing Movies & TV Shows on the Streaming Portals - Netflix & Hulu, but i think
i should not be doing this anymore, according to the TOS of Netflix & Hulu, it is not legal to download,archive Netflix Videos.

I need help you Guys, because i bought mainly the Card for capturing
Gilmore Girls & 3rd Rock from the Sun (which is "only" airing on Netflix in gorgeous HD)
but i think i should not be doing this anymore, i am a (very) religious Person and in the past i've made some huge sins in my life and i don't wanna sin anymore and be a good person.

i live in Austria and i am accessing Netflix & Hulu via SmartDNS to watch Content in the USA.

so i wanted to ask you guys, is it legal or illegal what i am doing?

First - I am overriding GEO Restrictions - Austria > U.S.A.
Second - i am capturing via HDMI Capture Card - Movies & TV Shows on Netflix & Hulu

Please Guys help me, because if it is illegal of what i am doing, then i will not do this anymore.
Thanks for your help!

[usually_quiet]

It is probably illegal. Recording these videos isn't likely to be covered by fair use exceptions in copyright law in many places. It wouldn't be considered time-shifting because the ability to watch at a convenient time is built into the service. Also, the only thing you can purchase from these services is the right to view these videos. You don't actually own them. Since they are essentially rentals, making a copy for personal use isn't allowed.

Even if it isn't illegal, recording these videos is a violation of your service agreement, which only allows you to view the videos. Do your personal beliefs require you to keep your word or not?

[Shakakahn]

thanks for the clarification - in the future, i will not capture anymore!!

3 further questions i have though...

1. Using Unlocator to "watch" Netflix USA Content, with my Netflix Austrian Account, is this illegal?

2. For Example, i am planning in the near future to move in the United States and i am watching for example, FOX, CBS or AMC Subscriptions on a HD DVR Box
for example TiVo and i am recording it on my HDD, is this illegal or is this legal?...My old Father recorded almost 30 Years ago Movies,Cartoons,TV Shows on VHS.

3. i have a US iTunes Account and i am buying iTunes US Gift Cards for "buying" TV-Shows & Movies and i am using a Program which has been written to "legally" strip DRM of "only" purchased Movies & TV Shows on iTunes (not Rentals of Course)...because i don't have Apple TV and i want to watch them in an another format, for example MKV. legal, illegal?

thanks for your help!

[DB83]

There is no such thing as legally strip DRM. Why do you think it is there in the first place ?

Anyway. This topic is against forum rules so .........

[usually_quiet]

thanks for the clarification - in the future, i will not capture anymore!!

3 further questions i have though...

1. Using Unlocator to "watch" Netflix USA Content, with my Netflix Austrian Account, is this illegal?

2. For Example, i am planning in the near future to move in the United States and i am watching for example, FOX, CBS or AMC Subscriptions on a HD DVR Box
for example TiVo and i am recording it on my HDD, is this illegal or is this legal?...My old Father recorded almost 30 Years ago Movies,Cartoons,TV Shows on VHS.

3. i have a US iTunes Account and i am buying iTunes US Gift Cards for "buying" TV-Shows & Movies and i am using a Program which has been written to "legally" strip DRM of "only" purchased Movies & TV Shows on iTunes (not Rentals of Course)...because i don't have Apple TV and i want to watch them in an another format, for example MKV. legal, illegal?

thanks for your help!

1. I don't know the answer.

2. Recording US over-the-air broadcast TV, satellite TV or cable TV service with Tivo or another recording device is legal in the US. That is considered time-shifting because these services deliver programming only at specific times, when it may not always be convenient to watch. Sharing recordings with all your online friends is not legal. Recording the same material from a website later may not be legal, depending on whether or not using the website requires a paid subscription .

3. Breaking DRM isn't legal in the US or most other places. However, if Apple allows downloading the file to watch offline, some people think removing DRM from the file to make the download portable falls under fair use. It is questionable which view would win if tested in a court of law.

[Edit]Yes, some parts of this discussion are likely a violation of forum rules. I'm done.

[newpball]

I don't believe for a second that the OP does not know what he is doing.

[fritzi93]

I don't believe for a second that the OP does not know what he is doing.

Hmm, then why ask? He could do it and no one would be the wiser.

So, is it still okay to say I capture from my Roku? Not naming any channels, mind, but there are lots more than just Netflix and HuluPlus. And content doesn't stay up forever, so I still capture. Not as much anymore, though.

[Shakakahn]

I don't believe for a second that the OP does not know what he is doing.

may i ask, what do you mean by "OP" ?

[newpball]

Hmm, then why ask?

Probably an intro, it will likely end with "I am trying this but it does not work, how to circumvent it?"

[usually_quiet]

I don't believe for a second that the OP does not know what he is doing.

may i ask, what do you mean by "OP" ?

He means you. "OP" is an abbreviation for "original poster" or "original post", depending on the context.

[manono]

I don't believe for a second that the OP does not know what he is doing.

Hmm, then why ask? He could do it and no one would be the wiser.

I'm inclined to go with newpball in this. This person's naive act is a little too much to swallow. He knows how to strip HDCP and to use a VPN yet has to ask if it's all legal? And throws in a lot of religious mumbo-jumbo on top of it all? Please!

[DB83]

Oh. I missed the religious bit.

That's another forum rule broken.

[smrpix]

Oh. I missed the religious bit.

That's another forum rule broken.

OP wasn't promoting, denigrating, arguing about or even naming any particular religion. He just said it made him want to do what's right. I think he gets a pass on that one.

But I suspect he's missed some of the finer points on what's moral vs what's legal.

[fritzi93]

But I suspect he's missed some of the finer points on what's moral vs what's legal.

Like, perhaps:

malum prohibitum: wrong because adjudged unlawful

vs

malum in se: wrong morally in and of itself

[Shakakahn]

my religion (since birth) is orthodox.

If talking about religion is prohibited, then i won't talk about it anymore and why i've mentioned it in the first place, is because like i've said, in the past i've done some terrible things, for example i've been downloading BLU-RAY's, DVD's, Torrents, Music Albums, which i shouldn't have done, because i don't own them.

Now i am doing it the right way and i am buying Blu-Rays, DVDs, Music & other Stuff.

Every Year, i am celebrating Christmas Eve and Easter with my family and because i am religious person and i've done this terrible things in the past, i wanna make sure that this is not happening again to me.

What i also don't understand, there is a Software from Germany called "Audials" which allows "legally" to capture Netflix & Maxdome for offline usage,
but why i can't then capture Netflix & Maxdome via my HDMI Capture Card, why should this not be also legal?!

[smrpix]

NOW you're breaking the rules. Stop it.

[usually_quiet]

What i also don't understand, there is a Software from Germany called "Audials" which allows "legally" to capture Netflix & Maxdome for offline usage,
but why i can't then capture Netflix & Maxdome via my HDMI Capture Card, why should this not be also legal?!

Audials doesn't claim using its software for this purpose is legal, at least not on their English language site.

Either method for recording a paid online streaming service would be illegal in many places, for the reasons I already gave you, and definitely not fair use as this website defines it. I expect this thread to be closed soon.

[Arnold_Layne]

Wow! The answer is obvious. No it's not legal to record from a rental service. Netflix and Vudu are a rental service. Is it legal to copy the physical discs you rent from Netflix? No. Then why would you think it's legal to record their streaming service of which you have 24/7 access to on just about any device connected to the internet?

[sophisticles]

LOL, you guys got trolled but good. This guy (or girl) obviously has some technical knowledge to accomplish what he wants but he now has found a new moral compass and doesn't want to do anything illegal in Austria so he comes to an American forum to ask about the legality of what he/she is doing. Right.

My guess is he/she either works for some anti-piracy firm and wants to gauge the general attitudes of this forum's members or he/she may in fact be one of the mods trying to see if any forum members bite and help his alter-ego.

Or it's someone bored out of his/her skull and figured they would have a snicker at some responders expense.

[usually_quiet]

LOL, you guys got trolled but good. This guy (or girl) obviously has some technical knowledge to accomplish what he wants but he now has found a new moral compass and doesn't want to do anything illegal in Austria so he comes to an American forum to ask about the legality of what he/she is doing. Right.

This forum isn't American. The site owner is a Swede and a number of active members are from the E.U.

My guess is he/she either works for some anti-piracy firm and wants to gauge the general attitudes of this forum's members or he/she may in fact be one of the mods trying to see if any forum members bite and help his alter-ego..

Paranoid much? LOL They could do a keyword search and gather a lot more dirt that way if so inclined.

Or it's someone bored out of his/her skull and figured they would have a snicker at some responders expense.

Entirely possible. Every forum has trolls.