Brian Butterworth wrote:
Brian Butterworth wrote:
Sorry if you didn't get why this is a "backstage" issue, let me
explain more carefully.
I didn't say any such thing, someone else in the thread did.
I don't recall say that YOU did.
You were replying to my email, and you wrote "you", as quoted above. I'm not
sure how else I'm expected to take it. :-)
Also you can copy from a PVR onto a DVD burner legally.
Are you sure? Where is that copyright permitted? Copying
things like that (e.g. for backup) is not, as the Gower
review made clear, as this petition
says: http://petitions.pm.gov.uk/privatecopy/ and as the
government response agrees.
So I really can't see how using a computer network such as
BitTorrent breaks any law, as long as both parties are domestic.
>>
It's not just "domestic use" in section 70, it's "private and
domestic use". I really can't see how using BitTorrent, in your
>> proposed operation, counts as private use.
In the terms of "private and domestic use" the word "private" means that it
is done by a private individual, rather than a company or other
organization. There is no restriction on taking a videoed TV programme to
another private dwelling and viewing it there. "domestic" means "in the
home" (ie not in a shop, church, etc). There is no restriction in law to
carrying a VHS cassette or DVD in a car, on a train or sending it in the
post. As long as no money is accepted then such a transaction is "private".
I accept everything you write above. But you're not saying do any of the
above, you're saying *make a copy of the recording of the broadcast* - none
of the above involve copying.
In your other email:
> The UK Copyrights and Patent's Act 1988 (as amended) does not make any
> distinction between timeshifting and sharing,
Yes it does. It permits you, as you keep quoting it, to make a recording of
a broadcast to let you view or listen to it at a more convenient time
(timeshifting); it does *not* let you make copies of that recording
(sharing). As I said, and you ignored, above.
Anyway, this isn't really going anywhere. The sad thing here is I probably
completely agree with you that this is a big issue that obviously needs to
be dealt with, I just don't think going around saying the law isn't as it is
is at all helpful.
--
ATB,
Matthew | http://www.dracos.co.uk/
-
Sent via the backstage.bbc.co.uk discussion group. To unsubscribe, please
visit http://backstage.bbc.co.uk/archives/2005/01/mailing_list.html.
Unofficial list archive: http://www.mail-archive.com/[email protected]/
