TV Shows - Safe Ground?

[randomguy132]

I mentioned this in another thread, but I didn't get a response, so I figured I'd start one for it.

So the RIAA goes after you if you download music.
And the MPAA goes after you if you download movies.

What about TV?

I had a friend get a warning letter from HBO once, but I've never heard of anyone actually getting prosecuting for downloading TV, does it happen?

[randomguy132]

Anyone know anything about this?

[meyou123]

It is illegal to download a TV show in the US from a file sharing network...as it is with movies or anything else . (Unless you are talking about those TV episodes you pay for like itunes)

Though it is kinda like songs....most everybody does it anyway, so a lot of networks have started to offer free downloads with ads in them. But not all networks do this.

[Lord_of_the_Dense]

I think it's a matter of who has the most money to play with to prosecute those that are violating their precious cargo. Movies are big budget so they have the big guns. Once the corporations you mentioned above find their niche (hopefully not) and begin successfully suing people on a regular basis, smaller ones, such as the TV industry may follow.

A small loophole seems to be that nearly all of the major local networks have full episode viewing for free. I'm sure there is a way to copy this viewing onto a harddrive. I think that since they make most of their money on advertising, they may not be as worried. But I'm sure that if any business could squeeze money out of you, they'll try to find a way.

Before you know it, you might be paying for that issue of Scurvy that you perused at the local Qwik-E-Mart.

[drtoker]

theres no difference between dling a tv ep and recording it yourself on a vcr. This only applies to air'd network tv, not dvdrips. Its called Time Shifting, look it up, perfectly legal. Where you'll run into a grey area is that cap'ers cut out commercials.

But theres no law against me recording a simpsons ep, and handing it to a friend. This is basically what you are doing, just on a larger scale, and with people who you may not know personally.

[meyou123]

theres no difference between dling a tv ep and recording it yourself on a vcr. This only applies to air'd network tv, not dvdrips. Its called Time Shifting, look it up, perfectly legal. Where you'll run into a grey area is that cap'ers cut out commercials.

But theres no law against me recording a simpsons ep, and handing it to a friend. This is basically what you are doing, just on a larger scale, and with people who you may not know personally.

Well I DID look it up and it seems that it is a GREY AREA...NOT cut and dry as you put it!

technology and copyright protection laws are not always on speaking terms, so it's difficult to say whether you can legally download television shows with any sort of finality. Some legal analysts suggest that consumers who download television shows are clearly in violation of existing copyright laws. Others equate the practice with videotaping or digitally recording broadcasts for later personal viewing. Currently, the most common methods used to download television shows are very similar to file-sharing systems already being challenged in courts around the world.

SOURCE: http://www.wisegeek.com/is-it-legal-...sion-shows.htm


The bottom line .....it is NOT DECIDED no one really knows!


And as far as your statement about time shifting....

So, alas, the legal question of "Can you record a show if your purpose is to watch a modified version, minus the ads" is, unfortunately, not settled. In the court's decision, they indicated they would (as fair use law requires) consider if there was harm done to the market for the work due to the copying.

It may be answered by the Replay case. In this case we add the question of automatic commercial elimination. The other wonderful doctrine the Betamax case introduced was the idea that a technology should not be liable if it has substantial non-infringing uses, like time-shifting.

Update: The Replay case was settled when they went into bankruptcy, so no court precedent was set.

SOURCE: http://www.templetons.com/brad/adskip.html


So again, NO ONE KNOWS and what you stated is NOT fact!

[randomguy132]

Thanks everyone for the input. Very much appreciated. I have a little more understanding of the legalese behind this.

Does anyone know if anyone has been charged for this as of yet? I know nothing has gone to court, but have things been handled with settlements and such like what the RIAA has been doing?

[meyou123]

If anyone HAS been charged with downloading a TV show...I have not heard about it....at least not yet.

[drtoker]

Well I DID look it up and it seems that it is a GREY AREA...NOT cut and dry as you put it!

technology and copyright protection laws are not always on speaking terms, so it's difficult to say whether you can legally download television shows with any sort of finality. Some legal analysts suggest that consumers who download television shows are clearly in violation of existing copyright laws. Others equate the practice with videotaping or digitally recording broadcasts for later personal viewing. Currently, the most common methods used to download television shows are very similar to file-sharing systems already being challenged in courts around the world.

SOURCE: http://www.wisegeek.com/is-it-legal-...sion-shows.htm


The bottom line .....it is NOT DECIDED no one really knows!


And as far as your statement about time shifting....

So, alas, the legal question of "Can you record a show if your purpose is to watch a modified version, minus the ads" is, unfortunately, not settled. In the court's decision, they indicated they would (as fair use law requires) consider if there was harm done to the market for the work due to the copying.

It may be answered by the Replay case. In this case we add the question of automatic commercial elimination. The other wonderful doctrine the Betamax case introduced was the idea that a technology should not be liable if it has substantial non-infringing uses, like time-shifting.

Update: The Replay case was settled when they went into bankruptcy, so no court precedent was set.

SOURCE: http://www.templetons.com/brad/adskip.html


So again, NO ONE KNOWS and what you stated is NOT fact!

Re read what I wrote, I specifically said that when removing the commercials, you fall into a grey area. Downloading a tv show AS AIRED is NO DIFFERENT from recording with a vcr, and that precident has already been set. Your post specified "modified recording", and I was talking about original version. The fact that everyone uploads without commercials is a totally different problem.