Re: American Fans

In article <nathansanders.DIE.SPAM-2A5563.17230604082005
@news.verizon.net>, nathansanders.DIE.SPAM@xxxxxxx says...
> In article <MPG.1d5c4a22b9b8c016989d69@xxxxxxxxxxxxxxxxx>,
> Gary <me@xxxxxxxx> wrote:
>
> > In article <nathansanders.DIE.SPAM-5050C0.17513103082005
> > @news.verizon.net>, nathansanders.DIE.SPAM@xxxxxxx says...
> > > In article <3EaIe.3431$0g7.684@xxxxxxxxxxxxxxxxxxxx>,
> > > "Stephen Wilson" <sr.wilson@xxxxxxxxxxxx> wrote:
> > >
> > > > Viewing via the internet or whatever is not exactly theft. It's not like
> > > > a
> > > > product has been stolen.
> > >
> > > Indeed. Copyright violation is copyright violation, not theft;
> > > they're two different crimes. People may call it piracy or theft as
> > > much as they want, but it is no more theft than murder ("taking" a
> > > life) is.
> > >
> > > It's still illegal, of course, but it's not theft.
> > >
> > but its not a copyright violation; its called "Fair Use" which
> > explicitly does not consitute a violation of copyright.
>
> Sorry, I didn't make my break in thought clear enough: I was talking
> about copyright violation in general.
>
> Whether or not downloading TV shows off the net falls under fair use
> (and thus, whether it is legal) is for a court to decide.
>
> Nathan
>
maybe an appellate or the supreme court, but Congress pretty much beat
them to it: there's been significant precedence affirming Section 7 of
the copyright statutes, which states that the manner of transmission is
immaterial to the determination of copyright violation. The issues now
surround P&L: does the copying negatively impact the owner's ability to
market the programming now or in the future, and is the program being
provided for profit. Since the BBC publically announced that they have
no intentions to market the show in the US, they can hardly claim that
the downloads have limited their ability to market the show (well they
can make the claim as the court hearing could then be marketed to
CourtTV as comedy entertainment).
.

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