On Saturday 24 November 2007 15:05:05 Stuart Ward wrote: > Why is this, because it is pretty simple to copy the stream to a file > and and save it. I read the terms and conditions and there was nothing > to prevent me doing this for my personal use.
If a copyright license doesn't explicitly allow you to do something, and it's a permitted exception (ala timeshifting), copyright defaults to "no", so it doesn't have to say you can't do something. If the T&C's allowed it, you'd be allowed to do it. If it say you can, you can't. (That's basic copyright) Now, all you have to ask yourself is "does bare copyright as is allow this?". Beyond that, bear in mind the UK doesn't have a fair use exception. (Fair dealing in the UK is much more restrictive than fair use in the US for example). Why not? Dunno, ask your MP. Ask your favourite rights group whether they're lobbying for them or not. (I assumed that would be the first thing the ORG would organise when people agreed that its formation would be a good idea back at BBC Open Tech 2005. After all strong fair use laws could be defined to trump DRM... but you'd have to ask them about that :-) The question of why the T&C's doesn't allow it goes right back to the eternal september style argument of "why doesn't the BBC own the rights to ...................." etc. > And why is this different to the broadcast radio where there are plenty > of devices that allow the recording of a radio program. Recording of broadcast radio is probably covered by the timeshifting exception in copyright law - from: http://www.opsi.gov.uk/acts/acts1988/ukpga_19880048_en_4#pt1-ch3-pb11-l1g70 """ 70 Recording for purposes of time-shifting The making for private and domestic use of a recording of a broadcast or cable programme solely for the purpose of enabling it to be viewed or listened to at a more convenient time does not infringe any copyright in the broadcast or cable programme or in any work included in it. """ Whilst I believe that clause has been tightened in later acts/amendments/etc to be more restrictive, the spirit remains basically the same, I think :-) Michael. -- not a lawyer, not legal advice, not the views of my employer, etc. Insanity: doing the same thing over and over again and expecting different results. -- Albert Einstein, - 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]/
