DMCA Loophole For Peer-to-Peer TV Show Sharing?
An anonymous reader writes "Fortune.com asks, "Is TV Show Swapping Legal? For those using TiVos or new Windows PCs, it just might be." Why? "The law that ensnared ... DVD hackers, the Digital Millennium Copyright Act, doesn't specifically address the question of [personal video recorders]. But when it comes to the legality of hacking digital media, the law zeroes in on 'circumvention' -- did hackers have to circumvent protection to copy the video? Several hackers who have published their techniques online say they didn't have to crack anything to extract video from their TiVos""
I wouldn't be surprised if a time-to-live feature is added to "swapping" devices. I.e., you can swap all you want, but the swapped copy has a limited lifetime and then erases itself. Like those disposable DVD's.
This could be easily done by the folks at TiVo or ReplayTV.
Even if the people watching the shows from a p2p download did watch the commercials, the network still wouldn't get paid for these viewings. They simply have no idea on how many viewers will see it, and have no way to prove it.
To me, all p2p has done is to change the business model. If the networks had any sense, they'd have every show available for download on a popular p2p app, with some major hosting at their end. Then they get to choose the commercials that exist in the de-facto standard download for that episode. And the advertisers will know that, and pay more for the privledge.
Or, you could just bribe politions to change the law in-keeping with current practices, and have no control over a system that is growing larger every day. You can get almost any popular show on p2p now, with no commercials in it, having been stripped out by the person who did the capture.