QUOTE (Alucard @ Jul 18 2008, 01:07 PM)

You are right Ian. The recent "fair use" legislation was very specific. Video content recorded off FTA can only be used for timeshifting purposes (including watching later on) and must be deleted once watched. You can't even watch it a second time without breaching the law.
Downloading it is 100% illegal.
What is being discussed in this thread is illegal no matter how you want to suger coat it or pretend a court has said it's ok (which it hasn't).
It's these sorts of practices that lead to high prices and restrictive DRM on legally obtained material.
Well, I would have to disagree here.
This is because a lot of the laws are yet to be tested - I’m sure not too many want to be the test case though….
Now in the US (and this is the Law) you are legally allowed to use DVR device to download television shows and falls under the same protection as using a video cassette recorder (VCR). An example would be the TiVo in the US which saves TV shows in its own format – coincidently soon to be released here and, as luck would have it, promoted as being able to file share in your own home and with friends by the 7 network itself!!
Further to the above US law the user agrees -
not to distribute the recorded material commercially, and all viewing is to take place in a private home.
So what is the definition of ‘
commercially’ - is file sharing commercial? It is peer to peer, person to person – hardly commercial and will in all probability be watched in their own home in private – so has anyone broken the law? – hard to say and it is currently not being touched in the US by networks because of the perceived consumer backlash.
What if someone in Australia downloads the US TV show? They are probably safe enough under US law (as mentioned above) and it may never ever be broadcast in Australia (ie an Asian Language TV show) so what law has been broken here in Australia? If some law has been broken who is going to prosecute? These are mums, dads and kids who are downloading FTA tv shows form other countries for private use!! Can you imagine the public outcry if poor Mrs Jones and her kids were prosecuted for this?
Currently very very grey stuff if you ask me.
QUOTE (Alucard @ Jul 18 2008, 01:07 PM)

Downloading it is 100% illegal.
Rubbish!
Pre-recorded music or movies (CDs or DVDs) well that’s a completely different matter.
tsd