Re: Technology prohibiting copying by VCRs, etc.

Sheldon W. Halpern <shalpern[_at_]pop.service.ohio-state.edu> wrote:
>
> We need to remember that Sony very specifically focused on copying
> for time shifting purposes of "free" over the air broadcast of
> copyrighted works; it is not at all clear that Sony fair use
> (particularly given the way the Court so drastically limited Sony
> in Campbell) would eapply to copying pay per view or similar works.

Personally, I see little if any difference between time shifting pay-per-view and free over-the-air broadcasting. The justification in both cases would be that the transmitter has been already been paid.

The reality of course is that many who record over-the-air broadcasting are not really time shifting at all, but rather building a library. And from this point of view, maybe a distinction can be drawn with pay-per-view.

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Phoenix, Arizona                     bhayden[_at_]ieee.org
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