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Creative Removes FM Recording - Page 4

post #31 of 33
Quote:
Originally Posted by StepsAscend
http://en.wikipedia.org/wiki/Sony_Co...l_City_Studios

In this case, commonly referred to as the BetaMax Case, the courts ruled that it was a fair use to record broadcast television for private in-home use. How is recording off the radio to a personal media player any different? If you ask me, it's not.
As the Wiki article states, the Digital Millenium Copyright Act (DMCA) of 2001 has changed the law on which the court's ruling was based. It is therefore dubious ground to try and apply the Betamax ruling to any modern digital media scenarios. E.g., one of the original complanits from the RIAA and the MPAA about digital copying is that infinite copies can be made with absolutely no degradtion in quality, a significant departure from the magnetic tape technology discussed in the Betamax case.

Put the flames away boys, I'm not defending the law or Creative for being a giant sissy. I'm just saying that this is not as clear legally as everyone seems to think, despite it being crystal clear from a common sense point of view.
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post #32 of 33
True it was reinterpreted with regards to P2P, but I think as long as we are still dealing with broadcast medium, fair use stands up. The RIAA is grabbing straws here.
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post #33 of 33
Quote:
Originally Posted by StepsAscend
True it was reinterpreted with regards to P2P, but I think as long as we are still dealing with broadcast medium, fair use stands up. The RIAA is grabbing straws here.
From the little I read, it almost seems as if the courts were pretty liberal in defining "fair use" in the Betamax case. Previously, fair use was to use someone's work in another context that created something new without infringing on the original. The classic example would be copying an excerpt from a book in an essay or a review; you're clearly copying word for word, but that's not copyright infringement because you are using the excerpt as supporting information for a point you are trying to make.

Clearly, the Betamax decision that time shifting was fair use is a completely different definition of "fair use". One that I agree with, but different nonetheless. Regardless, it does seem to me that the Zen's ability to record FM broadcasts is nothing more than time shifting, digital or not; and I therefore cannot see how it can be prohibited by the RIAA, especially given that the Zen has safeguards in place to prevent unauthorized transfer of the recording off of the device.

So I do agree with all of you, it does appear on the surface that this should be a legal thing to do, and the RIAA's threats should be confronted in court. But given the DMCA, and the recent history of the RIAA winning their court battles on copyright issues, I can understand Creative's decision not to find the battle worth fighting. For all we know, the Zen's FM time shifting feature is not even a very popular one, in which case it's definitely not worth fighting for.
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