OK, here's my problem:
Now that I have broadband access, Kazaa (a file sharing service) has become significantly more attractive. In the past, I would download a song or two, usually from new albums or artists, to preview before buying the CD. If I liked the songs, I bought the CD, then ripped it to my computer. I don't share those files over the net, because that would be stealing, but I do make copies for my own use. New mixes, "Best of" compilations, road tunes, whatever.
So far so good.
But now, I've entered a vast gray area of file swapping, and I'd like to get y'all's opinions.
My son and I are big Alias fans. He can't watch the show from school, so I tape it for him every week, then mail the tape up to him. This is an example of timeshifting carried to an extreme, but is permitted under the "Fair Use" doctrine of copyright law.
I think.
I'm also a fan of the show 24, although I rarely get the chance to watch it, and it's one of those shows where every episode is important. Miss one and you could be lost for awhile. I watched about the first 6 episodes last season, then lost track, and much the same happened this season.
Now that I have broadband, I searched and found all the episodes from last season available, so I downloaded them.
My rationale is that I was applying timeshifting, albeit retroactively, using a new technology, so no laws were being violated.
Then as I watched the shows, I noticed that some of them were much cleaner and had no commercials. I found out that Fox has released the first season of 24 on DVD, and these episodes must have come from that source.
And that's the dilemma.
All I want to do is watch the show, which was aired for free. I have no interest in going out and spending $50 for the DVD set, cause I'll only watch it once. It seems that the copyright protection in this case applies more to the format of the medium rather than the content, which is kind of bizarre.
Since I know nothing of copyright law (apologies to those of you convinced I know everything) I have the following questions:
My guesses to your questions:
1)Copying a DVD is probably illegal whether it's a DVD of a movie shown in theatres, a movie shown in theatres and also on TV or a TV show. I'd imagine that you might be o.k. with watching a taped TV show that included commercials.
2)My understanding is that "fair use" refers to the buyer having fair use. I don't think it applies to making copies for others.
3)You should see if your local video store has copies of the DVDs that you want to view rather than buying them if cost is an issue.
Posted by: Manish on March 11, 2003 12:02 PMtry Imesh.com they are based in Israel...and tend to skirt around the issue of being shut down.
Posted by: Justin on March 11, 2003 12:08 PMI did check the video rental place. It isn't in yet, and by past experience, they break up multi DVD sets, charging you for each one.
It's actions like that that make me consider piracy...
Posted by: rich on March 11, 2003 1:06 PMRich, it is the content that is copyrighted, not the format or the media. Downloading a copy of a DVD would be piracy.
Posted by: SK Bubba on March 11, 2003 1:24 PMIf the format is irrelevant to the copyright, then is downloading a tape of the broadcast also illegal? I understand that downloading a copy of a theatrical release on DVD is a definite violation, but a copy of an over-the-air broadcast seems to me to be a different matter.
Posted by: rich on March 11, 2003 1:38 PMBroadcast materials (i.e. the content) are copyighted, too.
Posted by: SK Bubba on March 11, 2003 1:45 PMYep, but copying for personal use (time shifting, archiving, etc) is allowable under that copyright. Downloading a broadcast copy through Kazaa would seem to be the same as TIVOing it, particularly since all commercials are still in place. If TIVO of a free broadcast is legit, shouldn't file sharing of a public broadcast also be legit? And then, since the format is not copyrighted, just the content, how can downloading a broadcast which has been encoded on a DVD be illegitimate?
This is completely different from software, which is not distributed freely. You still have the right to copy for archival purposes, but all public distribution is banned by the copyright. I just don't see how the same can be made to apply to a free broadcast.
How is videotaping or TIVOing an episode on the air different from downloading the same content off the internet after the air date?
Posted by: rich on March 11, 2003 3:14 PMI think the principle is that the brodcast (or cablecast) material is transmitted into your home for reception on equipment in your home and for your private use in your home, not for re-distribution over another medium.
Posted by: SK Bubba on March 11, 2003 3:56 PMI'm reminded of what is usually said during a sports broadcast..."This broadcast is copyright by [insert league here], any rebroadcast without the prior written permission of [insert league here] is strictly prohibited."
Posted by: Manish on March 12, 2003 2:18 AMSKB, I am proud of you. No rant here, Rich, but as a software developer we hear every reasoning as regards copying protected materials. It's just not allowed. Watch the re-run, rent the video, or just wait.
Posted by: Mrs. Bubba on March 12, 2003 5:47 AMyes, ma'am.
Posted by: rich on March 12, 2003 6:37 PM