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TiVo, ReplayTV Agree to Limits

Grump writes "This story reports that 'The makers of TiVo and ReplayTV digital video recorders have agreed to limit how long consumers can keep pay-for-view movies stored on future versions of the VCR-like devices.' Is this fair, or erosion of more fair-use rights?"

325 comments

  1. The Divx Road by stecoop · · Score: 5, Insightful

    As I recall in the recent past, a well-known seller tried to limit viewing of movies by introducing the Divx technology whereby, the machine would connect to a server to get a key to view. Now if Replay or Tivo try this then there will be a backlash from the consumer. What would be ironic is if one of these PVR manufactures goes bully up than I suspect that the software community will pickup the fragments and produce code to do whatever the original community want.

    On a side note, I watch a video program on my PVR from PBS that was for educational instructional use and it had a disclaimer at the beginning stating that copies could be used up until 2006 or so. I don't have any intent on keeping the program that long but why should I depend on a 3 party source to keep and maintain material. A distributed system where PVR owners share programs is just about to become a rally by certain. This peeves me - the thing that manufactures/groups worry about the most is usually good for them and the consumer.

    To sum the two paragraphs together: the video material should be in an inter-dispersed local (PVRs) and not limited because of popularity (Fair use). In fact the material should only survive if it is popular enough to be wanted/distributed from enough people wanting to exchange the information - If no one wants it then it would disappear.

    1. Re:The Divx Road by NoMoreNicksLeft · · Score: 1

      You might think that. However, as far as I know, there is still no way to play a DivX movie. If Goodwill didn't slap a $5.99 price on them, I might try here someday... anyone feel like mailing me one?

    2. Re:The Divx Road by Anonymous Coward · · Score: 2, Insightful

      Yep. Just wait until HBO hears about this.

      "Can they do that? Cool. We want it too."

    3. Re:The Divx Road by Chop · · Score: 2, Informative

      ...I suspect that the software community will pickup the fragments and produce code to do whatever the original community want.

      I think it is called MythTV and Freevo

      Chop

    4. Re:The Divx Road by Anonymous Coward · · Score: 1, Insightful

      Actually, this is where a HUGE opportunity for a satellite upstart comes in. Instead of having actual channels have an easy to use interface like a tivo and let people pick whatever they want to watch from all the tv shows produced. then once something has gotten enough requests put it on a channle and let the person's pvr record it. This could be huge, especially where satellite can have 1500 channels. That's 36000 hours of shows a day that could be aired like this, meaning even with 10 million suscribers you would be entitled to 10 minutes of tv time a month, so every six months you should be able to get a copy of even the most obscure program. Handy as hell, and when it happens I'm buying.

      Chris

  2. Bastards.. by grub · · Score: 5, Interesting


    These two competitors have agreed on a completely arbitrary limit for recording PPV shows. Why? Think about it: the PVR market is growing. Rather than focusing on new features for the consumer (ie: "We offer 1.5 times the PPV time-limit over our competitor.") they've come to an agreement that is good for no one but themselves. There's no way in hell that they just decided to do this, the entire agreement has the fetid stink of collusion.

    Take control, this is yet another reason to dump TV entirely and download what you want to watch.

    Sorry, it's Friday, I'm in RantMode and I have First Damn Post.

    --
    Trolling is a art,
    1. Re:Bastards.. by Man+in+Spandex · · Score: 0, Offtopic
      Sorry, it's Friday, I'm in RantMode and I have First Damn Post.
      Here it's also friday and since I'm in a rant mode too, that is not the first post, YOU INSENSITIVE.... ah nevermind. CLOD!
    2. Re:Bastards.. by IronChef · · Score: 5, Insightful

      These two competitors have agreed on a completely arbitrary limit for recording PPV shows. Why?

      Replay took away the ability to automatically skip commercials in their newest units? Why? Because they got their ass sued off over that feature. So they caved and took it out.

      It doesn't matter if you are in the right if you can't afford to prove it.

      Don't blame TiVo and Replay, blame the broadcasters who are really the ones who want to control what you do.

    3. Re:Bastards.. by Caltheos · · Score: 2, Informative

      I have a ReplayTV and it still has the commercial skip feature...no modifications involved... They cleverly named it the Chapter advance button or something similar, just hitting the right arrow on the remote will advance the "chapters" which just happen to be at the end of the commercial breaks...not flawless but it works.

      --
      We've secretely replaced the Enterprise's dilithium crystals with Folgers crystals. Lets see if they notice.
    4. Re:Bastards.. by ePhil_One · · Score: 5, Informative
      No, Make that -5 Tinfoil Hat Club

      from the grandparent...
      These two competitors have agreed on a completely arbitrary limit for recording PPV shows. Why? Think about it: the PVR market is growing. Rather than focusing on new features for the consumer (ie:...) they've come to an agreement that is good for no one but themselves. There's no way in hell that they just decided to do this, the entire agreement has the fetid stink of collusion.

      Get a clue, this "feature" is good for no one but the movie industry. My Tivo already keeps PPV movies as long as a choose to, as does a ReplayTV. It sure as heck isn't good for Tivo/ReplayTV.

      They now have to differentiate and tag PPV content vs other content

      They have to deal with more support calls ("My show is gone, even though I set Save until I delete")

      They get put in a situation where old code/hardware is percieved as "better" than new code/hardware

      This isn't collusion, this is concession. And it sucks, because if I use a VCR to record my PPV movies, I face no such restrictions. Fortunately, I don't ever buy PPV movies, but this begins a long slide where soon all content will be forcibly expired off my Tivo because Seinfeld's owners don't want me to watch the "Soup Nazi" episode at will. Which is foolish because the trick of Tivo is that I watch MORE TV now that I can always find something I want to watch, and I'm more likely to fast forward through a show than the commercials, because these days I'm amazed at the amount of crap that fills the "program" time; title segments, recaps, slow pans to establish location, end credits, watching guests walk accross stage and waiting for applause to die down, etc, etc.

      --
      You are in a maze of twisted little posts, all alike.
    5. Re:Bastards.. by blkwolf · · Score: 2, Informative

      What they took out was the automatic commercial skip feature, while you have to manually hit the advance button (same as Tivo has) my ealier model ReplayTV's automatically skip commercials without me having to do anything at all.
      Thats the part they got sued over and had to remove, along with some of the network streaming capabilities.

    6. Re:Bastards.. by i_r_sensitive · · Score: 1
      Wait one.

      This was tried before and the market shit all over it, right?

      Then the decision is made bilaterally and obviously in collusion. Something guranteed to make the American public looooove you...

      And this agreement benefits them how? I mean it brings along two huge negatives, the appearance of "price-fixing" and an unpopular limitation, but you maintain that this is somehow good for their business?

      And I have to question wether either company would have tried a line like 1.5 x the PPV time-limit, knowing that their competitor probably implemented the limit the same way they did, by initing a variable, or reading it out of a file, and that negating such a claim is more than trivial....

      I just don't see how two negatives and the loss of a trivial feature race are part of a conspiracy to fuck the consumer and make millions...

      It must be Friday...

      --
      "Talk minus action equals nothing" - Joey Shithead, D.O.A.
      "Talk minus action equals /." -
    7. Re:Bastards.. by Anonymous Coward · · Score: 0

      Its a win-win situation for lawyers, no one else.

    8. Re:Bastards.. by Anonymous Coward · · Score: 0

      OMG, he's right.. it is Friday!!! This proves his entire argument!

    9. Re:Bastards.. by Noksagt · · Score: 1

      It isn't the same as TiVo. TiVo can skip forward 30 seconds. ANY ReplayTV can skip forward an arbitrary number of minutes (with no umlock code, which TiVos require for the skip feature) AND "Show|Nav" (some marketing weeny should be shot for that name). Show|Nav uses the identical algorithm as commercial skip. Press the right nav key & you will be advanced to just after the commercial break. Most TiVos can't do this. You are correct that "CommercialAdvance" is gone (which basically used Show|Nav automatically, I guess).

    10. Re:Bastards.. by IronChef · · Score: 0, Offtopic

      yes, I know about that, but the point is they took the *automatic* skipping feature away from us. My Replay skips commercials with NO buttons, if I like. You don't have that option and that is what sucks.

    11. Re:Bastards.. by Salsaman · · Score: 1
      Take control, this is yet another reason to dump TV entirely and download what you want to watch.

      Or better yet, create what you want to watch

    12. Re:Bastards.. by aussie_a · · Score: 2, Insightful

      Take control, this is yet another reason to dump TV entirely and download what you want to watch.

      Except that's illegal of course. There's no excuse to break the law. If you don't like a law, fight to have it changed. If you don't like this limitation, find a legal way to get around it or don't use TiVo or whatever else will make you happy. Buy your movies instead of keeping them on TiVo. Boycott the movies and only watch stuff from indi sources, there's plenty of free content on the internet.

      When you break the law you just give the **AA's an excuse to become even more draconian and you ruin it for the rest of us.

    13. Re:Bastards.. by IgnoramusMaximus · · Score: 1
      There's no excuse to break the law

      You have to realise that to some of us, "Intellectual Property" laws are akin to the slave-trade laws, of which the US was so fond before the civil war. Your suggestion can then be read as "...and you slaves do not try to run away, there is no excuse to break the law. Petition your masters humbly to free you". This analogy rings even more true if you realise the extent of corruption and influence the media companies have over law makers, be it via lobbying, bribes or self-serving news coverage, when contrasted with our pitifuly muffled voices.

    14. Re:Bastards.. by deaddrunk · · Score: 1

      Breaking the law is fine if you disagree with it, enough law-breaking can get bad laws changed, however you have to be prepared to get arrested.

      --
      Does a Christian soccer team even need a goalkeeper?
    15. Re:Bastards.. by aussie_a · · Score: 1

      You have to realise that to some of us, "Intellectual Property" laws are akin to the slave-trade laws

      Slaves are pesecuted and therefore are able to seek asylumn in other countries. So if IP laws are akin to slave-trade laws then you should go off and seek asylumn.

    16. Re:Bastards.. by IgnoramusMaximus · · Score: 1
      Slaves are pesecuted and therefore are able to seek asylumn in other countries. So if IP laws are akin to slave-trade laws then you should go off and seek asylumn.

      So we do. Since this, unlike physical slavery, deals with information and not blood and bones of our bodies, we seek asylum by setting up servers in foreign countries, hoping for reprieve from our persecutors. In turn, those who aspire to own our minds, try to coerce and intimidate those countries, with varying success. But to say that we should be meek and obedient, is insulting.

    17. Re:Bastards.. by black_jack_1351 · · Score: 1

      The only reason we don't face restrictions on VCR use is because of the lack of good technology for it. The Universal v. Sony case in the early 80s nearly made VCRs completely illegal. Sony won by a 5-4 vote in the Supreme Court and that was only after the case was heard twice because one justice couldn't decide. And if you read that decision, library building was declared copyright infringement. The only "fair use" of a VCR was time-shifting. But that implied the user eventually erases the content. No one actually did that but that doesn't mean keeping it is legal. The bottom line is that as consumers we enjoy the new freedom PVRs bring us. And although we don't want restrictings placed on these devices, its the law, not the companies, that makes this decision. If you want to see a change, change the law.

  3. Hrm... by avalys · · Score: 0, Redundant

    And how long before someone breaks whatever method they use to perform the restriction?

    My bet is less than a month after they're first made available to the public.

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    This space intentionally left blank.
    1. Re:Hrm... by avalys · · Score: 3, Interesting

      And if I was a conspiracy theorist, I'd say that the two companies are both trying to make their restriction mechanisms as easily-breakable as possible. Think about it - if you had to choose between a TiVo and ReplayTV device, and a crack was only available (or at least only easily installed) for the TiVo, which one would you buy?

      --
      This space intentionally left blank.
    2. Re:Hrm... by EtherAlchemist · · Score: 1


      Why even make a hack? Just take whatever you recorded and burn it DVD or dump it to VHS.

      --
      R(k)
    3. Re:Hrm... by cayenne8 · · Score: 3, Interesting

      Well, the Tivo has already been hacked. So, just get your movie from Netflix...then, burn it directly off onto DVD. This would all be digital too wouldn't it?

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    4. Re:Hrm... by Anonymous Coward · · Score: 0
      You don't have to be a conspiracy theorist to believe they want their boxes to be cracked; there's already a precedent. TiVo has a 30-second-skip "debugging feature". When they've been asked about consumers enabling this feature, they threw up their hands and said there's nothing we can do about these crackers. (Paraphrasing.)

      In other words, they deliberately made it easy to enable the feature, but they couldn't have it enabled by default or mentioned in the manual. They needed to say that they were cracked.

    5. Re:Hrm... by Mr2001 · · Score: 1

      Are you talking about duplicating a DVD you get from Netflix (which doesn't involve TiVo at all), or ripping and burning a movie you downloaded onto TiVo with that TiVo/Netflix service that was announced recently? Because I don't think the latter will work, at least not with the TiVo hacks that are around today.

      See, normally, TiVo encrypts all the video that you record. You need decrypted video to be able to play it on a PC or burn it to a DVD. But the hacks don't actually decrypt your saved video, they just prevent TiVo from encrypting it in the first place.

      The movies you download from Netflix will presumably be encrypted when they're sent over the internet, so you'll need a way to actually break that encryption. It shouldn't be *that* hard, since your TiVo has to know how to decrypt them too, but it's not the same as the hacks that exist today.

      --
      Visual IRC: Fast. Powerful. Free.
  4. On other news by Guiri · · Score: 5, Informative
    MythTV 0.16 has been released today.

    Enjoy!

    1. Re:On other news by Nos. · · Score: 1

      Exactly... I'm trying to collect the funds necessary to put together a decent MythTV box (probably about $800 CDN is what I'm figuring ). All of a sudden I'm free of restrictions like this that may or may not pop up and instead I have a nice box, that I control, to record TV.

    2. Re:On other news by Suidae · · Score: 1

      Great, now if I could just get a digital cable decoder card that was supported by MythTV.

      Just out of curiosity, if I set MythTV up with two baseband video capture inputs (no tuners, just video capture), and feed the video in from two digital cable boxes, can MythTV run an IR Commander-type output to seperately control the two cable boxes?

    3. Re:On other news by Mr+Guy · · Score: 1

      Should be able to with two IR transmitters and a properly configured lirc.

    4. Re:On other news by b96miata · · Score: 2, Informative

      Yes, it can. (I don't use this currently but have helped a friend set it up) We had svideo/audio running from the cable box into a wintv pvr-250, and a serial ir emitter (he chose to use a premade, somewhat expensive one from actisys, but there are many plans to build your own) the ir emitter was simply taped in front of the cable box and interfaced through lirc. then you just give myth the name of a script that changes the channels (skeleton scripts are provided, it basically just sends the digits in sequence).

      The only drawback is that every time you change, it sends the full 3 digit channel number to the box rather than using up/down, which makes channel changing a little slower than normal. Life would be much easier if digital cable boxes had serial control.

      As far as two boxes.....two scripts with a different argument to the rc command. You'd already have to have two video sources set up (one for each capture card) so its just a matter of typing channelscript2 on the properties page for the second, and hooking up another emitter to a second serial port.

    5. Re:On other news by hamsandwich72 · · Score: 1

      Why do IR? My Motorola cable box has serial input that I can plug into my TiVo. Then you never have to worry about line-of-sight interference, etc.

    6. Re:On other news by Anonymous Coward · · Score: 0

      Just built one for around $420 CDN, with an XP2600, 512MB ram, 40GB HD. No DVD burner yet though. It's a good start, but it will need more HD soon. This is after all the mail in rebates (120 for Proc, 87 for RAM, 45 For Case, MB, Keyboard, Speakers, mouse and CD-Rom. 65 for HD, 29 for vid. card with TV-out, CPU Fan+Heatsink. and around 50 for the shipping. If it's a project for you, just wait for the good deals on TigerDirect.ca or the like, and pick up the parts when the price is good enough for your budget. mine was built over 2 months.. and as always, ymmv.

      Consists of:
      Soyo Barebones kit (Soyo K7VME, Case, Speakers, Keyboard and Mouse), If you buy this kit, you either want a lower profile heatsink+fan or a new case, the PS sits right over 1/2 the CPU. Extra fans are a good idea too.
      2x 256MB PC3200 Ram
      Pine Nvidia MX440 gfx card w/ TV-Out (s-vid)
      WD 40GB HD
      Athlon XP2600+ CPU

      I'll be adding a bigger HD and a FTA card sooner or later, and a good sound card with spdif out, 7.1 (Maya 7.1 PCI). Going to use it to emulate all those old game systems.. the nintendo controller hack posted the other day should be good for this.

    7. Re:On other news by Detritus · · Score: 1

      Like many cable box features, that is an option. My cable box could have an s-video output and a serial I/O for remote control, but my cable operator was too cheap to include them on the boxes that they bought from Motorola.

      --
      Mea navis aericumbens anguillis abundat
    8. Re:On other news by Anonymous Coward · · Score: 0

      Forgive me if this is obvious, but, that configuration doesn't give you the ability to record, does it? You've currently got a playback-only machine, right?

    9. Re:On other news by jshriverWVU · · Score: 1

      I wish MythTV would be ported to OS X. I love mencoder and mplayer, and hear MythTV is top quality software.

    10. Re:On other news by mattyrobinson69 · · Score: 1

      good point - my current config (i live with my girlfriend and her pairents, in her room), due to limited space, we got rid of the TV and the computer and monitor is also the tv - with the bgger HD im going to buy in a week or so, and a piece of OSS software that im going to have to find plus the dvd writer im going to buy, it wont be hard to extend the current config to record tv programs and put them on dvd's (i could edit them manually i suppose, and take the adverts out before putting them on dvd)

    11. Re:On other news by Suidae · · Score: 1

      I don't suppose thats a Motorola DCT2000? Thats what the local povider, Cox, uses, in addition to the new DVR boxes.

      My research from a year ago indicates that there was an AT&T Tivo that was able to control this cable box via the serial port, but that most Tivos do not have the option.

      I haven't been able to find anyone who knows anything about it, and without any inkling of the protocol, or whether these particular boxes even have that enabled in the software, I haven't been very motivated to experiment.

      If you have any more information about it, or could snoop some of the data exchanged, I'd be very grateful.

    12. Re:On other news by hamsandwich72 · · Score: 1

      Sorry, since we got the Tivo, I no longer needed digital cable and we took the box back. Local provider was Comcast, FYI. Keep in mind, this is Tivo series two. Not sure if that was available a year ago or not.

  5. TiVo Limits by JWSmythe · · Score: 5, Insightful

    That's crap!

    Not that the story is wrong, but the idea is bullshit.

    I have a TiVo and I upgraded it with a 140Gb drive, so I get over 100hrs of storage. I use it in exactly the way they should want someone to. I'm not a couch potato, I work for a living. There are shows I like to watch, but I usually don't have time to just sit down at watch when they're on. I usually start watching television around 2am. For years, this meant I watched crap. Now that I have a TiVo, I can watch good shows.

    We'll use their example of '6 feet under'. I may not get a chance to watch it til a week later. Should I miss the episode because they decided to set an arbitrary limit to how long I can keep it stored? What if I'm out of town for work for a week? Can't I come home, and catch up on the episodes that I missed. Yes, this has happened more than once, and it's *REALLY* nice that I can do it.

    I haven't seen any black market shops selling '6 feet under' episodes recorded with TiVo.

    How about PPV movies? My girlfriend has watched movies, and recorded them (on the TiVo). I may sit down a week or two later, and watch that movie. Fair use. The household paid for it. Or more like, *I* paid for it. If we had been home at the same time, we would have watched together. So if this goes through, now she'll see the movie or show, and I'll be out of luck?

    They're not afraid of piracy, they're looking at possible revenue that they're missing. They could possibly get an extra PPV viewing fee because I would possibly buy it twice. Well, that's wrong, I wouldn't. I won't pay twice, I just won't watch it til it comes out on HBO and I happen to be sitting there.

    As for '6 feet under', I actually was into that show in the first few seasons. I didn't have a TiVo, but my schedule permitted me to be at home to watch it. At the time, I didn't own a TiVo. My work schedule changed, and I missed several episodes, and was lost about the story line when I tried to start watching again. If I had a TiVo then, I could have spent some time catching up on old episodes, and still been interested in the series. Now that's a show I simply don't watch. It's a waste of their broadcasting time, because I don't know what's happened previously.

    --
    Serious? Seriousness is well above my pay grade.
    1. Re:TiVo Limits by Blimey85 · · Score: 0, Flamebait
      For years, this meant I watched crap. Now that I have a TiVo, I can watch good shows.

      You mean:
      For years, this meant I watched crap. Now that I have a TiVo I can watch the same crap, but whenever I want to, not just when the networks want me to.

      --
      How is it that one careless match can start a forest fire, but it takes a whole box to start a campfire?
    2. Re:TiVo Limits by crow · · Score: 4, Informative

      Or in my case, we recorded "24" on our ReplayTV and didn't start watching the second season until we had the whole season. We've had other shows on there over a year because we just hadn't gotten around to watching them. Time limits defeat the whole purpose of a PVR.

    3. Re:TiVo Limits by Blimey85 · · Score: 0, Offtopic

      About Six Feet Under... you can rent it on dvd. I have the movie pass at Blockbuster and I watch most of the shows I like on dvd. It's also available on On Demand if your cable company (if you have cable) offers that. I watch Dead Like Me each week on On Demand... it's available a day or two after the new episode airs. Between renting shows and On Demand, I don't find much use for TiVo so I haven't bought one yet.

      --
      How is it that one careless match can start a forest fire, but it takes a whole box to start a campfire?
    4. Re:TiVo Limits by rjstanford · · Score: 1

      I'm not a couch potato, I work for a living. There are shows I like to watch, but I usually don't have time to just sit down at watch when they're on. I usually start watching television around 2am. For years, this meant I watched crap

      I'm honestly confused here. You're not a couch potato, but you'd rather watch crap on the TV at 2am than turn it off and do something else?

      --
      You're special forces then? That's great! I just love your olympics!
    5. Re:TiVo Limits by Anonymous Coward · · Score: 0

      You know, there are a few good shows on TV...

    6. Re:TiVo Limits by Mr+Guy · · Score: 2, Insightful

      Again, your situation is not what they are talking about here. What they are talking about here is more like you bringing a blank dvd to Blockbuster and having them burn you a copy of the shows you missed, then requiring you destroy the dvd after a certain time frame.

    7. Re:TiVo Limits by uberdave · · Score: 1

      You obviously do not stay up to 2AM very often. Believe me, the quality and variety of shows on at that hour is abysmal relative to those showing at "prime time" (unless, of course, you enjoy watching infomercials).

    8. Re:TiVo Limits by Anonymous Coward · · Score: 1, Informative

      You obviously do not own a PVR.

      I went from sitcoms and reruns to NOVA, Frontline, The Wire, The Sopranos, Dead Like Me and Six Feet Under and tons of the Sundance Channel.

      If you think all TV is crap, you just haven't looked for the hidden gems.

    9. Re:TiVo Limits by crow · · Score: 4, Insightful

      That's a flawed analogy.

      Sure, they're only talking about PPV now, but that's content that currently you can record on a VCR and keep forever, so why not on a PVR?

      The PVR companies are agreeing to this because they can't afford the legal fight, and the media companies are pushing for this because it will be much easier to get this written into law once if they can say it's already common practice.

      And what's to stop them from applying the same technology to non-PPV shows next year?

    10. Re:TiVo Limits by Cheeko · · Score: 1

      While reading your post something dawned on me. Your mention of 6 feet under got me thinking of On-Demand (This might just be what comcast calls it). Basically its kind of like Tivo, but provided by the cable company. It lets you pick shows that have been on over the last few weeks and watch them whenever you want. Its been great for watching HBO shows that I can't watch on Sundays.

      Could this be the result of some pressure from the cable companies or premium channels. Comcast and others would obviously prefer to be the only ones offering 4 year old episodes of Sopranos instead of letting people just compile them on their tivo. I don't know what the cable companies could possibly be offering, but it seems stupid from Tivo and Replay's perspective to just let the cable providers continue offering a service that isn't as good as what you provide now, but way better than what you're offering to provide in the future. Sounds like a bad idea to me.

    11. Re:TiVo Limits by Anonymous Coward · · Score: 0

      Obviously your mommie has never let you stay up until 2am so you can see the vast array of infomercials and "Starsky and Hutch" reruns that fill that time band.

    12. Re:TiVo Limits by SpecBear · · Score: 3, Insightful

      Yes, this is pure crap. But hey, providing decreased functionality in hardware in order to protect the content business has worked so well for Sony, right?

      When I first read about plans for set-top boxes that enforced such limits I thought, "Why would I buy such a thing when there's Tivo?" I was considering building a PC-based PVR, but when I looked at the time and cost involved I thought "Why go through the trouble when I can just buy a Tivo?"

      Now it seems that they're slowly but surely pressuring the PVR manufacturers to do their dirty work. Of course, this could ultimately kill the market, or at least leave it vulnerable to a a newcomer. For the first time in a long time, I'm looking at MythTV.

      Here is my message to the industry: There is no legitimate reason a PVR shouldn't be able to do everything my 10-year old VCR can do. Hardware that I purchase and own should not conspire against me.

    13. Re:TiVo Limits by JofCoRe · · Score: 1

      There's a simple solution to any of this though... Just get a TurboNet card for your TiVo, and extract the movie in a non-DRM'd mpg. Watch it whenever and on whatever you want (well, except for your TiVo... since it doesn't play mpg's... hmmm... but with the help of a modchip, you can watch it on your teevee thru your xbox :)

      --

      Place sig here.
    14. Re:TiVo Limits by gcaseye6677 · · Score: 1

      It's almost entertaining to see how hideously awful those infomercials have become. And so many of them are selling scams that are probably illegal, like the "stock options wealth generating software". I wonder if the seller is a properly licensed broker. I guess they figure the stupid and unemployed are most likely to be watching late at night, so they target them with get rich quick schemes.

    15. Re:TiVo Limits by dirk · · Score: 2, Interesting

      While I completely agree that there should be no limits on recorded programs off of regular channels (like CBS or HBO), you seemt o not know what PPV stands for. PPV means Pay Per View. The entire concept is that you pay and you get to watch it then. You pay for 1 viewing of the movie. Why in the hell would you think that you should be able to record that and watch it a different time? The entire concept is based around you paying for it and watching it then. That's like paying to see a movie in a theater and expecting to be able to come back and watch it 2 weeks later, because the first time was inconvient for you. If you don't like the concept of Pay Per View, then don't use it, that's fine. But don't bitch because it works exactly as described. You know the terms before you get a PPV movie.

      --

      "Information wants to be expensive" - Stewart Brand, the same guy who said "Information wants to be free"
    16. Re:TiVo Limits by joshmccormack · · Score: 1

      and strangely, their example "Such issues also have made premium cable networks reluctant to offer on-demand services that would allow subscribers to watch any episode of, say, ``Six Feet Under'' they choose, at any time.
      "
      is misleading. I have 6 Feet Under on demand, and what's more, it's free.

      There are two axis on this chart - one is what people are willing to indure (restrictions, cost, etc) the other, what they're willing to do (bend rules, spend hours setting up their own recorder). By annoying customers like this, they make people who would never have cared want to set up their own MythTV type setups.

    17. Re:TiVo Limits by 91degrees · · Score: 1

      The entire concept is based around you paying for it and watching it then. That's like paying to see a movie in a theater and expecting to be able to come back and watch it 2 weeks later, because the first time was inconvient for you.

      The difference is that they have the capability to allow you top watch it as many times as you like. A cinema can't offer this because they have a limited number of seats.

      If you don't like the concept of Pay Per View, then don't use it, that's fine. But don't bitch because it works exactly as described. You know the terms before you get a PPV movie.

      Yup. And I'm going to bitch because the terms suck, and I have no choice in the matter, apart from not buying one (a choice which seems perfectly good to me)

      It's an arbitrary limitation that offers few benefits to the providers, and will most likely turn some people off. Most people are not going to pay again to see something a second time. Most people hate arbitrary cut-offs.

      I want them to offer a service that I want, that they have the technology to offer and that would allow them a decent profit. Is that too much to ask?

    18. Re:TiVo Limits by Quarters · · Score: 2, Insightful
      Could you even be bothered to read the article summary?

      The time restriction is for PPV movies, not for any other content. Your episode of 6' Under will still be there next week.

      OnDemand and DirecTV's PPV system already work with a restriction. You pay for a movie/show and you have 24hrs in which to watch it. After that your access to the media is removed. How is this any different than what TiVO and Replay are instituting?

      It's called Pay Per View, not Pay Per I-Get-To-Keep-It-For-As-Long-As-I-Damn-Well-Want.

      You want easy access? Pay $4.95 for a PPV movie. You want a permanent archive? Go spend $16.00 on the DVD for cripes sake.

    19. Re:TiVo Limits by Nikker · · Score: 1

      Maybe we are looking at this in the wrong way... The question we should ask is "Have the **AA just been getting a free lunch all along?" and "Should they be able to make these alligations based on money lost that they should not be making in the first place?"

      If all was based on 'fair use' then we would never have to replace the medium at our cost if we have proof that we originaly purchaced the content, how much of the **AA's income is based on purchaces that should in all rights be free? Should this be looked upon as a 'bonus'? of course they are selling the content once which by the way is what their business involves (i.e they are not in the business of selling the media, the product they are selling you is the content)

      Should there be a study of how much "cream" these companies are making and weather they should be allowed to continue.

      My $0.02

      --
      A loop, by its nature, continues. If that didn't make sense, start reading this sentence again.
    20. Re:TiVo Limits by JWSmythe · · Score: 1


      Well, more like for years I watched crap, now I can watch a better quality of crap on my own schedule. :)

      Speaking of the crap I watch, one of my shows comes on in two hours. I'm still at work, and won't be home for 4 hours. I'll watch it sometime after midnight.

      --
      Serious? Seriousness is well above my pay grade.
    21. Re:TiVo Limits by JWSmythe · · Score: 1


      Well, TiVo has other great stuff to it. Being able to pause a live show, or rewind to hear what someone babbled is great. But still, sometimes the actors don't do well, and we (me and my GF) keep asking each other "what did he say". After rewinding 3 times, if we don't get it we give up.

      I think one of the best parts (argued a lot online) is the TiVo picks. Based on what you've watched in the past, and the score that you've given shows, it picks other shows to record. It only uses empty space on the drive (which I have a lot of), and will never override your other recordings. I've actually seen some great movies that I've never heard of because of it. It's kind of like having a really great guy working at the video store, who can hand you movies based on what you watched before and said you liked, but since it's pulling it from the channels that you're already paying for, you aren't paying the extra rental fees.

      --
      Serious? Seriousness is well above my pay grade.
    22. Re:TiVo Limits by JWSmythe · · Score: 1


      After working from 10am to midnight, I like to sit down and relax for a little while before going to bed.

      A couch potato would say "after watching TV from 10am to midnight, I get a few minutes work done before going to bed." :)

      --
      Serious? Seriousness is well above my pay grade.
    23. Re:TiVo Limits by uberdave · · Score: 1

      I guess they figure the stupid and unemployed are most likely to be watching late at night...
      It's a good thing I'm unemployed, or I might have to take offense at that.

    24. Re:TiVo Limits by snuf23 · · Score: 1

      With our cable service, six feet under is not free. It comes with HBO service. To use the on demand HBO service is an additional fee. There is also an extra fee if you want digital cable which enables the on demand. So if you are strictly interested in watching six feet under or a couple of HBO shows you are hit with three additional fees.
      Of course there is also bit torrent but one shouldn't mention that in polite company.

      --
      Sometimes my arms bend back.
    25. Re:TiVo Limits by JWSmythe · · Score: 1


      > There is no legitimate reason a PVR shouldn't be able to do everything
      > my 10-year old VCR can do. Hardware that I purchase and own should not
      > conspire against me.

      That's exactly my argument. My TiVo is like having a VCR programmed to record my shows, but I have a limited stack of VHS tapes to use. If I was using a VCR, or DVD recorder (now commonly available), I could not only have the recording space of my TiVo, I could have VHS or DVD copies of every episode.

      If they don't want people recording on TiVo's, they need to continue on and outlaw VCR's, DVD recorders, video capture cards, etc, etc.. They could just push us back to no broadcast television, and video works are only presented in theaters. But, I want my nickle bucket of popcorn.

      Ahhh, the good ol' days, when talkies had just started coming into the mainstream, and newsreels.

      Damn technology, making things better, faster, and easier. Forget comfort, or making customers happy.

      --
      Serious? Seriousness is well above my pay grade.
    26. Re:TiVo Limits by Anonymous Coward · · Score: 0
      you can record on a VCR and keep forever

      There are time limits to videotape. You just don't know what they are.

    27. Re:TiVo Limits by JWSmythe · · Score: 1

      Could you even be bothered to read the ARTICLE?

      I quote: "Rather, it is intended to allay the piracy and business concerns that prevent the studios from releasing films to cable pay-per-view services on the same day they appear on DVD. Such issues also have made premium cable networks reluctant to offer on-demand services that would allow subscribers to watch any episode of, say, ``Six Feet Under'' they choose, at any time."

      I'm talking about watching something a few days later, not 6 years later. They're claiming that it's a piracy concern, but what's the ratio of pirates vs. normal users? Shouldn't the address the concern a bit better, rather than screwing the normal users?

      How about if the cable and digital satellite companies upgraded the receivers to put a digital fingerprint on anything viewed, with say a company id and the account number of the user? Wouldn't that be a more ideal way to track pirates? When the movie hits the black market, they can identify "010101 998877665544" = "Bumbstick Cable Company - Joe User, Bumbstick Nebraska". The only person in the world who should have a copy of that movie in any form is Joe User. Now Joe User is liable for their losses. Putting a 7 day hold-time on TiVo isn't a solution. Hell, if I wanted to pirate a movie, I'd just get a DVD recorder, record it live, and start burning off my copies on the spot.

      Myself, as a DirecTV user, I have a DirecTiVo. I save shows on it. I watch them at my leasure. I don't make copies for anyone. I pay the fee (as part of my DirecTV bill) for the ability to do this. I paid extra money for the DirecTiVo receiver. I paid for the right to watch at my leasure, if it's today, tommorrow, or two weeks from now.

      Generally I don't wait a long time to watch something, but I *CAN*. The only example in recent history I can think of is watching the movie "Ghost Ship". I paid for it, watched the first 5 minutes of it, and got an emergency call that had to be delt with immediately. I didn't get back to watching the movie for a month. I paid for it, why can't I watch the whole movie? Because they want to put a time limit on the license? I'd be just as fond of buying a movie with a 2 year license on it. After 2 years, the DVD doesn't work? Wasn't one of the distribution companies trying the two day DVD, where after two days, the media became corrupt? That worked out really well, didn't it?

      --
      Serious? Seriousness is well above my pay grade.
    28. Re:TiVo Limits by Goth+Biker+Babe · · Score: 1

      It's interesting how the sky+ integrated digital satelite receiver and PVR does it. Subscription TV, including the movie channels, can be recorded and watched when ever. It does all the tricks like series recording automatically, being able to stream series to VCR and the like. The pay per view movies, which are usually last seasons movies from the cinema, can be recorded and stay recorded for a week. You can watch it any number of times in that week. If you don't watch it, because it's part of the receiver, the film is lost but the cost is refunded. So basically it's biggest use there is that it turns PPV broadcasting every ten minutes to video on demand by time shifting. Finally PPV movies always move to the subscription movie channels after six months so if you really want to keep it just wait and then record.

    29. Re:TiVo Limits by Znork · · Score: 1

      "They're claiming that it's a piracy concern, but what's the ratio of pirates vs. normal users?"

      As long as the 'normal user' option has a twelve inch mandatory rectal penetrator included, the media corps are ensuring there will be a lot of pirates.

      Most people enjoy media more without rippage.

    30. Re:TiVo Limits by Awptimus+Prime · · Score: 1

      Up until 7 years ago, I only had broadcast. When I worked nights there was nothing on except a CBS news feed, the christian channel, and 5 channels worth of infomercials.

      It sucked so bad.. My girlfriend and I would get stoned and make fun of the preachers on the bible channel for entertainment.

    31. Re:TiVo Limits by wharrislv · · Score: 1

      I don't think it is really avoidance of a legal fight. I think they're pushing for the networking features which include video sharing and video on demand. The big companies don't want people sharing PPV ever, there will be rules in place.

      What scares me is the possibility that this is the first win on a "slippery slope" that will soon force my tivo to play commercials.

      Now, if they could manage to target advertising to me personally based on my tastes, I'd be all for that as long as my privacy is guarded. I REFUSE to watch LCD advertising for products that I don't have any interest in. Hell, I would probably watch an extended commercial for a product I really had interest in.

      --
      http://wharris.poweredbygeek.net
  6. Stupid by helmespc · · Score: 2, Insightful

    So I guess I better keep that VHS a little longer... feh....

    1. Re:Stupid by Anonymous Coward · · Score: 0

      I'm liking my old tape vcr more and more. This is just the type of thing that will kill new technology.

  7. Just Use ....... by AciDive · · Score: 1

    MythTV as a better solutions.
    You can use teh DVD Rip feature to store all of your DVD's to your MythBoxen's HDD.

    --
    "Really, I'm not out to destroy Microsoft. That will just be a completely unintentional side effect." Linus Torvalds
    1. Re:Just Use ....... by Anonymous Coward · · Score: 2, Funny

      For the love of anything that's holy, stop saying boxen..

    2. Re:Just Use ....... by Anonymous Coward · · Score: 0

      boxen boxen boxen boxen boxen boxen boxen boxen boxen boxen boxen boxen boxen boxen boxen boxen boxen boxen boxen boxen boxen boxen boxen boxen boxen boxen boxen boxen boxen boxen boxen boxen boxen boxen boxen boxen boxen boxen boxen boxen boxen boxen boxen boxen boxen boxen boxen boxen

      Has his head exploded like that guy on Scanners yet?

    3. Re:Just Use ....... by Mateito · · Score: 1
      stop saying boxen..

      Yeah. The correct term is "boxens"

    4. Re:Just Use ....... by tepples · · Score: 1

      For the love of anything that's holy, accept that there exist other dialects.

      Trilingual, bilingual, white American...

  8. Break out the VCRs by Anonymous Coward · · Score: 1, Insightful

    I guess its time to go back to what I did before Tivo--record onto a VHS tape to watch whenever I wanted, and delete if I didn't want it anymore.

  9. Something else... by dubdays · · Score: 2, Insightful

    Is this fair, or erosion of more fair-use rights?

    Sounds more like collusion to me.

  10. Fine with me. by User+956 · · Score: 2, Insightful

    That's fine. I'll just start storing them on my hard drive. That, or I'll quit ordering Pay-Per-view altogether and just sign up for Netflix so I can burn DVD-R copies like everyone else.

    --
    The theory of relativity doesn't work right in Arkansas.
  11. Hard decision for me by MightyPez · · Score: 1

    Right away I want to cry out that this is BS.

    But on the other hand, I never order pay per view. In the extremely rare occasion that I do rent a movie (probably been about 4-5 years now since I have done it, come to think of it) I would rather go out and grab a DVD to watch it in progressive scan. That, and see any extras that are on the disc.

    SCrew it. I'll keep recording shows and streaming them to my PC.

  12. It depends, I suppose by lukewarmfusion · · Score: 4, Insightful

    First, can you still pull that content off your Tivo/ReplayTV and put it on something else? Yes.

    Second, is the time limit as long/longer than a rental? I tend to look at this service as a replacement for going to my neighborhood video rental store. Is the quality, price, rental time limit, etc. comparable? If so, and it removes the hassle of driving out to the store, plus finding a movie that's actually in stock, then it sounds like a great deal to me.

    What fair use rights are being eroded when you rent a movie for the night and return it the next day?

    1. Re:It depends, I suppose by Sheetrock · · Score: 2, Insightful
      None. The movie is being offered with a particular set of terms and the consumer is free to choose.

      For a time people were permitted to retain content simply because creators and distributors didn't have the technical ability to limit use. But as far as I can tell just because we can record content off of TV to watch it later doesn't mean it is mandatory for the content to be produced in such a way as to make recording and retention feasible.

      People get used to having things a particular way and begin to think it's a right.

      --

      Try not. Do or do not, there is no try.
      -- Dr. Spock, stardate 2822-3.




    2. Re:It depends, I suppose by galaxy300 · · Score: 1

      "First, can you still pull that content off your Tivo/ReplayTV and put it on something else? Yes."

      Is there an easy way to do that with Tivo Series 2 yet? I've been under the impression that it's quite hard, even with the wireless network connection.

      I was fearless in adding drives and other hacks to my series 1, but I have yet to even open up #2 for fear that it's just too complicated and my girlfriend will get mad at me for breaking our Tivo.

    3. Re:It depends, I suppose by cayenne8 · · Score: 2, Informative
      "Is there an easy way to do that with Tivo Series 2 yet? I've been under the impression that it's quite hard, even with the wireless network connection"

      Yes, I do believe it is....they do a 2 kernel monte type trick to keep Tivo central from messing with your mods...you can do pretty much all you want with series 2 that you could do with series 1.

      I've not done it yet as I want to get my Myth box running before I crack into the tivo case...but, I've read there is a cd iso you can burn that will do the hack work for you when you upgrade harddrives. I've gotten most all the info needed for hacking tivo, extracting video, etc from here Deal Database Forums

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    4. Re:It depends, I suppose by pegr · · Score: 1

      Is there an easy way to do that with Tivo Series 2 yet? I've been under the impression that it's quite hard, even with the wireless network connection.

      Look for the Sleeper ISO. Makes the difficult push-button easy. Still beyond Joe Sixpack, but should be cakewalk for any /.'er...

    5. Re:It depends, I suppose by Sabaki · · Score: 2, Informative

      From the article:

      One control would limit recording to 90 minutes -- essentially enough time for a viewer to watch an on-demand movie. Another would allow a movie to be stored for up to seven days but once the film was started it must be viewed within 24 hours. Another would allow unlimited viewing within a seven-day period.

      I know that in my case, at least, most of these time-limits would prevent me from even being able to transfer to tape. And one of the main reasons I got TiVo was to be able to record over a week's worth of content (either because I'm away or simlpy too busy for TV), so even the longest listed time-limit would render TiVo almost entirely useless for those purposes.

      I'd have to cancel my account, but not because I was able to choose something better, but only because they'd effectively shut down their service to me. I paid for a lifetime membership, I'd feel cheated.

    6. Re:It depends, I suppose by JudgeFurious · · Score: 2, Interesting

      That's a good question. In my case I have a ReplayTV 80hr unit and in between it and the television I've got a Panasonic DVD Recorder. It's basically nothing more than sticking a VCR in the loop. Now I have never tried to record a PPV movie on a DVD from my ReplayTV (And I've never tried to record on directly, using only the DVD recorder) but now I'm curious if it can be done.

      I once tried to transfer an old VHS tape (commercial) to DVD with the DVD recorder and obviously it didn't work. Copy protection stepped in and "saved the day" for the MPAA or I might have gone on to become a hard core movie pirate and caused the collapse of the a major studio or two. Obviously the same thing would happen if I tried to copy a commercial DVD like that. Are PPV movies also protected in this manner? If they are then a DVD recorder's no help but if they aren't then it sounds like it might be an option.

      I just don't know. Anybody?

      --
      Appended to the end of comments you post. 120 chars.
    7. Re:It depends, I suppose by TRACK-YOUR-POSITION · · Score: 1
      People get used to having things a particular way and begin to think it's a right.

      Like movie studios getting used to the inability of consumers to copy and send movies to each other instantly.

      A wise man once told me, intellectual property is what you keep to yourself.

    8. Re:It depends, I suppose by danila · · Score: 2, Insightful

      It's not a form of rental - it's a different service. With rental you are paying for someone opening an rental shop, stocking it on the latest titles, paying the clerks, paying rent, utilities, etc. You pay for the damages copies that need to be replaced, for business risks of buying too many copies of a movie that turns out to be unpopular and for missing profit from a popular one because too few copies were ordered.

      With PPV and PVR combination, there are none of these costs/risks. You order the movie, they deliver it electronically, you record it. Since their costs are so much lower (I presume), they have no right to demand the same price and impose same limitations.

      Same with theatres/DVDs. When I go to the movie theatre, there is a limited number of places and each costed money to install, so I must pay for my girlfriend too, even though I already bought a ticket for myself. At home I don't need to pay for her, because the house is mine, the chair/sofa is mine, etc. And I can invite as many people as I want without paying extra too.

      I think it's simple. Different services - different prices, and the easier/cheaper it is to deliver a certain service, the lower the price should be and the smaller the limitations.

      --
      Future Wiki -- If you don't think about the future, you cannot have one.
    9. Re:It depends, I suppose by Alsee · · Score: 1

      doesn't mean it is mandatory for the content to be produced in such a way as to make recording and retention feasible.

      Sure. However it *does* happen to be feasable, and it *does* happen to be perfectly legal to do so.

      The issue is that the MPAA has absolutely no right to tell TiVo and RePlay how to make their products. The problem is that the MPAA has been bleeding TiVo and RePlay with endless nuciance suits and appeals, battering them into submission. Even if the MPAA loses every single suit and every single appeal, they can drive TiVo and RePlay into bankruptcy in legal costs.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    10. Re:It depends, I suppose by lukewarmfusion · · Score: 1

      I agree with you that part of your payment is the overhead... and if Tivo and Netflix have lower costs, I expect to pay less. In fact, the only reasons they'd charge less would be 1) because there's some disadvantage to using their service or 2) people already pay $X/rental, so charging less would bring more business.

      The way they'd see it is likely that we're already paying $3 or $4 a rental. So dropping it to $2 means people like me are more likely to use them. At the same time, they might consider the fact that a lower price often means less product (you get what you pay for)... and they add more restrictions.

      Honestly, I think they could wipe out video/DVD rental in the next ten years if they kept prices low and limitations small. Since Netflix and Tivo are both companies that have built their businesses on a pretty risky product/service, I hope they'd do this right and we'd both win.

  13. The old Yardstick by ackthpt · · Score: 1
    Copies of Max Headroom, Alf cartoons, Animaniacs, coverage of Gulf War, etc. all will go when the VHS tapes they are on finally decay.

    Seems TiVo and RePlay should remain consistent with this potential span.

    After all, I need something to pass down to my children!

    --

    A feeling of having made the same mistake before: Deja Foobar
    1. Re:The old Yardstick by Le+Marteau · · Score: 4, Funny

      Copies of Max Headroom, Alf cartoons, Animaniacs, coverage of Gulf War, etc. all will go when the VHS tapes they are on finally decay.

      You say that like it's a bad thing. Sounds like a feature to me.

      --
      Mod down people who tell people how to mod in their sigs
    2. Re:The old Yardstick by damiangerous · · Score: 4, Informative

      Never fear, every episode of Max Headroom but one (and it's coming) is available for download from the Digital Archive Project.

  14. Why not? by ElForesto · · Score: 2, Interesting

    Part of the agreement when you buy a PPV movie is that you have a limited window in which to watch it. You didn't buy the right to watch it whenever you want, do why do you demand it anyway? If you don't want to watch it right then, don't buy it right then. This is akin to renting a movie from Blockbuster, returning it 3 weeks late and then demanding no late fees because you didn't watch it until the night before.

    --
    There is a difference between "insightful" and "inciteful" other than spelling.
    1. Re:Why not? by Col.+Klink+(retired) · · Score: 4, Insightful

      > This is akin to renting a movie from Blockbuster...

      When you rent a movie, you have taken one physical copy out of circulation. That's not the case if you tape a PPV movie/event.

      --

      -- Don't Tase me, bro!

    2. Re:Why not? by iCEBaLM · · Score: 1

      Where is this agreement written exactly? I don't remember ever signing or even seeing any agreement to that effect.

    3. Re:Why not? by ElForesto · · Score: 1

      You still miss the point that you have violated the purchasing/rental agreement when you do that. It doesn't really matter if there was physical delivery of a product.

      --
      There is a difference between "insightful" and "inciteful" other than spelling.
    4. Re:Why not? by Col.+Klink+(retired) · · Score: 1

      There is no valid contract that says that I am not allowed to tape a PPV movie. This was settled in the Sony case. Consumers have an absolute legal right to time shift.

      --

      -- Don't Tase me, bro!

    5. Re:Why not? by ElForesto · · Score: 1

      When you click that "OK" button when it says "Buy for the next 24 hours", that's the agreement. You don't have to sign some piece of paper to be bound by terms of sale.

      --
      There is a difference between "insightful" and "inciteful" other than spelling.
    6. Re:Why not? by Blimey85 · · Score: 1

      Actually, Blockbuster has a thing called Movie Pass where you rent a movie and keep it for as long as you want. I often rent stuff before I'm ready to watch it... that way when I am ready, I have the movie at home and I don't need to stop by the video store. This works especially well for things like new releases when they first come out. You rent it when it's in stock so you don't have to worry about it being out when you are ready to watch it.

      --
      How is it that one careless match can start a forest fire, but it takes a whole box to start a campfire?
    7. Re:Why not? by metaomni · · Score: 3, Interesting
      However the concept remains the same. You're not paying for the movie, you're paying what amounts to a license to view it. Whichever company is issuing that license can set whatever limits they want on it.

      If you dislike the terms of the agreement, you are more than welcome to purchase your own copy of the movie and watch it whenever and however many times you wish.

      Blockbuster leases you tapes. They don't sell them to you (well, at least the rentals)

    8. Re:Why not? by Cro+Magnon · · Score: 1

      Limited window? I recently watched a PPV movie that I recorded more than a month ago! Limited window, my ass!

      --
      Slow down, cowboy! It has been 4 hours since you last posted. You must wait another few hours.
    9. Re:Why not? by thaigan · · Score: 1

      Exactly. You're not asking them to provide it via onDemand outside of the provided time window. You have a right to copy it and replay it as much as you wish as long as you're not reselling the viewing.

      --

      42
    10. Re:Why not? by jkf · · Score: 1

      Part of the agreement when you buy a PPV movie is that you have a limited window in which to watch it.

      What agreement? Where? I've never had to agree to anything when I've bought PPV or VOD. I've never read anything from my cable company that says I can't record PPV or VOD, so to me, there is no difference between recording those and recording any other channel I get.

      I know the answer to this... The unwritten agreement that everyone is supposed to know about and believe in. The same one that says we really should be watching the commercials on network TV. I record my PPV purchases with my ReplayTV and skip commercials. I also copy shows from my RTV and burn DVDs of them. I don't lose any sleep over it.

    11. Re:Why not? by thaigan · · Score: 1

      The agreement is that they'll provide it for the next 24 hours. What you do with it after that is your business unless you're making it a business(reselling the viewing)

      --

      42
    12. Re:Why not? by Col.+Klink+(retired) · · Score: 2, Informative

      As I said in my other reply, the courts have already decided that the MPAA can *not* limit your right time shift. Otherwise, they would have long ago declared that all broadcasts (or at least all cable) were simply licensed.

      The Supreme Court has already found that time-shifting is fair use and no amount of "license" agreements have changed this fundamental limit of copyright.

      --

      -- Don't Tase me, bro!

    13. Re:Why not? by rtaylor · · Score: 1

      I've been known to rent ten or more movies at a time, rip 'em to my harddrive, and return the movies the next day. I'll watch them within a month or two and go in for another batch.

      By the time I've made the decision that I want to watch something, movie stores tend to be closed or I'm just too lazy to go get one (books, etc. are closer).

      Before I started doing this, I rented one or two movies in a year, and would easily go back to that rate if this convenience was removed.

      --
      Rod Taylor
    14. Re:Why not? by Anonymous Coward · · Score: 0

      Whichever company is issuing that license can set whatever limits they want on it.

      You say that like it's axiomatic or something. Here's a clue: it's not. If I buy something, the company that sold it to me cannot control what I do with it. Even if they make you sign a screwdriver license agreement promising to only use the screwdriver for joining things together, and not for opening paint tins, they can't enforce it. It would be an Unfair Contract.

    15. Re:Why not? by happyfrogcow · · Score: 1

      What about HBO or any of the other "Premium" channels? they do not have such windows.

    16. Re:Why not? by monkeyfarm · · Score: 1

      When you rent a movie, you have taken one physical copy out of circulation. That's not the case if you tape a PPV movie/event.

      No, when I rent a movie (DVD) I use DVDShrink to copy it, then return it... Sheesh... Doesn't everyone?

      --
      What I don't know I just fake...
    17. Re:Why not? by Christopher_G_Lewis · · Score: 1

      Um, actually, with DirecTV TIVO, you *CAN* buy a ppv movie and watch it whenever you'd like, just like it says on the web site.

      The PPV purchase screen even tells you this...

    18. Re:Why not? by Anonymous Coward · · Score: 0

      does your blockbuster make you sign a rental agreement promising you won't copy tapes? I didn't think so. The one I signed when I became a member only related to Blockbuster getting paid. Maybe when you graduate from high school you'll figure out what a contract is.

    19. Re:Why not? by 91degrees · · Score: 1

      Yup. And it's a stupid agreement that they're offering. Fair enough. My answer's no. They can keep their movie. I'll keep my money.

      There is no reason they can't allow an indefinite period of time for a PPV rental. It's what the customer wants.

    20. Re:Why not? by ElForesto · · Score: 1

      We are in agreement. I'm not arguing that's the way it should be (though that seems to be what people are thinking, from what I can see), but it is the way it is.

      --
      There is a difference between "insightful" and "inciteful" other than spelling.
    21. Re:Why not? by Anonymous Coward · · Score: 0

      does your blockbuster make you sign a rental agreement promising you won't copy tapes?

      A contract is not needed for something that the law already covers.

    22. Re:Why not? by 91degrees · · Score: 1

      Fair enough. I do see it as rather a shame that they could offer the service that I want, and make a decent profit. I don't think they'll pay any attention to me if I bitch to them, so I'll bitch to Slashdot. Still doesn't help much but it makes me feel better.

  15. Divx deja vue. by garcia · · Score: 5, Insightful

    I haven't seen a single advantage to PPV. The movies that I see available on DirecTV have already been out in the movie store for over a month (ie Starsky and Hutch). I pay less at the video store and I get to keep the movie for 5 days...

    So what advantage does a $4.00 movie via PPV (plus additional fees that they might charge) have?

    Let me know when I can purchase DVDs over my Tivo and have a tangible piece of media to store it for life that doesn't take up my TV recording space and I'll be interested. Until then it's just another Divx knockoff that's going to die because no one cares.

    1. Re:Divx deja vue. by triffidsting · · Score: 1

      >>So what advantage does a $4.00 movie via PPV (plus additional fees that they might charge) have?

      You don't have to get in the friggin car and drive there. Seriously, they are counting on Joe Sixpack being a sloth.

      --
      Non, je ne veux pas coucher avec toi ce soir.
    2. Re:Divx deja vue. by Anonymous Coward · · Score: 0

      I guess because I live in the suburbs of a bigger city I have 5 video stores in two miles of me (probably more but this is off the top of my head) I could never be that lazy.

    3. Re:Divx deja vue. by jmcmunn · · Score: 1


      What advantages? Well two are:

      1) I can spontaneously decide to watch the movie right there and then wehn I see it, no planning required.

      2) I don't have to get off my lazy butt and go to the store to rent it OR return it.

      Don't get me wrong, I never get PPV, but I rarely rent movies either.

    4. Re:Divx deja vue. by Xoder · · Score: 2, Informative

      Yet another advantage of PPV over video rental: Live events.

      You know, those wrestling and boxing matches that are covered by PPV.

      --
      The previous sig has been removed due to /. protecting your best interests
    5. Re:Divx deja vue. by garcia · · Score: 1

      we're talking about PPV over Replay and Tivo so I assumed pre-recorded events piped to you and then you can watch later, not live recorded PPV events.

    6. Re:Divx deja vue. by arudloff · · Score: 1

      Sounds great and all, expect that I'm always late, and thus almost always spend more than the 4 bucks to order the on demand movie. Not to mention I'd pay a dollar to just avoid walking 10 blocks to blockbuster. Call me average, I guess...

    7. Re:Divx deja vue. by Anonymous Coward · · Score: 0

      So how many times do you watch a movie once you've rented it from the store. Even though I have 5 days to watch it, I "usually" only watch it once.

      With PPV, I pay about the same and I don't have to worry about late fees if I forget.

      With DVR and PPV, I will be able to save movies/events (perhaps 5 days or more) and be able to pause it. I get the best of both worlds.

      The only time that the video store would pay off any better is when I let a friend borrow the movie rental. However, if I could somehow transfer the movie to his DVR then that brings up other possibilities.

    8. Re:Divx deja vue. by Xoder · · Score: 1

      My original post's parent was talking about DirectTV PPV, not the topic of the article, which is what you're saying.

      --
      The previous sig has been removed due to /. protecting your best interests
    9. Re:Divx deja vue. by Mike+Hawk · · Score: 1

      Yeah, that PPV thing will never take off. Oh, you mean its an established business already? Hmm.

    10. Re:Divx deja vue. by (H)elix1 · · Score: 1

      So what advantage does a $4.00 movie via PPV (plus additional fees that they might charge) have?

      Don't know about you, but my late fees alone were enough to justify doing DirectTV with a DVR... That is what I told my bride anyhow.

      Yah, I'm hell with library books too.

    11. Re:Divx deja vue. by Anonymous Coward · · Score: 0

      Not to mention I'd pay a dollar to just avoid walking 10 blocks to blockbuster.

      Well, I've got GREAT news for you buddy! There's this thing called a bus, and in most towns, it usually costs about a buck! :-p

    12. Re:Divx deja vue. by arudloff · · Score: 1

      Soooo.. I'm supposed to pay a dollar to ride the bus, instead of paying a dollar to not have to ride a bus? Have you ever riden on a city bus? It's not that thrilling.. ;)

  16. Their argument is bogus by JollyRogerX · · Score: 4, Funny

    Their argument for this is bogus. If they think pay-per-view is cutting into the videotape rentals that they so bitterly opposed (you should check out the problems blockbuster had when they first started up), then they should charge more for pay-per-view. It seems like everytime a technological advance comes along, the MPAA has to be dragged kicking and screaming....into a big pile of money. I wish they would stop their whining.

  17. half arsed measures. by MOMOCROME · · Score: 3, Funny

    If they really want to get serious about this, it's obvious that they should be working on limiting how long people are allowed to remember the intellectual property they've consumed, much less how long they are allowed to keep it available.

    I know that if I were still in the driver's seat, I would be ordering up plans on how to reliably blank the memories of the stinking mass of sheeple that suck the generous teat of mass media. Not only would it allow us to sell the same thing over and over, none of you bastards would even remember enough to care about 'fair use' and all that malarky. sheesh.

    signed,
    Ted Turner

    1. Re:half arsed measures. by Anonymous Coward · · Score: 0

      If they really want to get serious about this, it's obvious that they should be working on limiting how long people are allowed to remember the intellectual property they've consumed

      Hmm, my brain seems to have this feature. Better return it to the store.

    2. Re:half arsed measures. by GeekZilla · · Score: 1

      :) Love that term! "Sheeple". You come up with that one yourelf Ted? That's great. Mind if I use it? I'm asking for your permission because if it's your IP (and patented) then I wouldn't want to step on your toes or be dragged into court.

      --
      Veritas patesco per quaestio questio. Truth is revealed through questions.
    3. Re:half arsed measures. by multimed · · Score: 2, Informative

      I see this scored funny but I don't know whether that is accurate or not. I think that while this may sound like hyperbole, the fact is this principle is very much in existence already. Ever read the back of tickets for sporting events? "All accounts, descriptions and images of this event are property of..." If enforced, not only could you not take photos, but they own any description you give of the event as well. You wanna tell your buddy about the game? Sorry.

      --
      Vote Quimby.
  18. Fair? by Kogase · · Score: 4, Insightful

    It's perfectly fair. I just won't buy from them.

  19. Eroded Rights? Please by Noksagt · · Score: 3, Insightful
    Is this fair, or erosion of more fair-use rights?
    Considering that it is two corporations making a decision to curtail a feature, I wouldn't exactly call it an erosion of fair use. Perhaps it is a sign that fair use has already eroded because they feel compelled to do this, but they aren't exactly making a new law here--TiVo and Replay aren't creating a "Revenge of the INDUCE Act."

    Feel free to continue to practice your Fair Use Rights by using DVArchive (or whatever equivalents are out for TiVo. Or buy some OTHER company's PVR. Or find out how to hack the feature back into the units. Or build a homebrew PVR using Freevo, Myth, Sage, etc.

    Consumers still have a ton of options. This is just two corporations making a dumb decision--nothing to see!
    1. Re:Eroded Rights? Please by maharito · · Score: 1

      I agree. There are plenty of options left. But I'm slightly confused as to how being able to copy pay-per-view is a fair use right. I was under the impression that fair use entailed being able to make archival copies of physical media on which you owned a music album / movie / whatever. So anyway, I might not understand fair use in its entirety. If my understanding is somewhat like swiss-cheese, please do correct me, because I'd like to understand. If, however, I understand well enough, then I'm not sure you can even apply fair use to pay-per-view service. Just something for both my edification, and to throw an idea out there. But like I said, please do correct me if I'm wrong about this whole fair use thing. I'd like to understand exactly how liberally I can apply it.

    2. Re:Eroded Rights? Please by Noksagt · · Score: 2, Informative

      Fair Use extends beyond archival copies. The copy machines in a library are examples of tools for another kind of fair use--you don't own the books and periodicals, but are free to make copies of small sections for education, reporting news, and research.

      "Fair Use" has been popularly applied to the right to record tv shows & keep them. While Title 17 Section 107 doesn't really explicitly grant these rights, the Sony Betamax case and others set a precedent.

      There isn't really a black-and-white division as you want, but your current views are conservative compared to most people's ideas of Fair Use (though many slashdotters, including myself, have considerably more Liberal ideas on the subject).

    3. Re:Eroded Rights? Please by Anonymous Coward · · Score: 0

      Considering that it is two corporations making a decision to curtail a feature, I wouldn't exactly call it an erosion of fair use.

      Oh, for fuck's sake, what is it with Americans. It's not only the Government that can erode your rights, you know...

      Oh yes, and corporations aren't people.

    4. Re:Eroded Rights? Please by cpt+kangarooski · · Score: 1

      I would begin with 17 USC 107, though of course it's not all that definitive, as Congress intended to restate what the state of fair use was in 1976, but not to enlarge it, reduce it, or change it, nor are the factors listed exhaustive, nor the uses listed probative.

      There's a ton of good cases on fair use. I'd suggest Campbell v. Acuff-Rose Music, 510 U.S. 569 (1994), Sony Corp. v. Universal City Studios, 464 US 417 (1984), Kelly v. Arriba Soft, 336 F.3d 811 (9th Cir. 2003), RIAA v. Diamond Multimedia Sys., 180 F.3d 1072 (9th Cir. 1999).

      There are a number of other good cases, however. This is barely scratching the surface.

      The most important thing to walk away with is that ANYTHING can be a fair use. But then, anything might not be a fair use. It totally depends on the circumstances; nothing is categorical.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    5. Re:Eroded Rights? Please by Noksagt · · Score: 1
      Oh, for fuck's sake, what is it with Americans. It's not only the Government that can erode your rights, you know...
      So what rights are being eroded and how? You can still record and keep pay-per-view content using numerous methods I suggested. IF the two companies were the ONLY providers of PVRs, than you could be right--while it wouldn't be illegal to keep recorded Pay-Per-View content, consumers wouldn't be able to find a device to actually do it. But that isn't what is happening at all. I agree that it is a stupid, wrong headed decision. But it won't really have any impact over whether I'll still be able to record & keep Pay-Per-View content.
  20. But will it play in Peoria? by AvidProToolsDoc · · Score: 3, Insightful

    I can't see this argument working well with the current crop of TiVo subscribers, who are used to retaining content for as long as they'd like. With the current TiVo boxes, you can even record off DVD (i.e. rentals) to your TiVo, and watch them as much as you'd like, since the recorder recognizes the Macrovision on the way in, and re-establishes it on output (so you couldn't make a VHS dub of the recorded DVD). I know of quite a few TiVo users that do this, and I can't see them liking losing this functionality. I know I'd be unhappy with this restriction, losing the content in as little as 24 hours.

  21. On NEW devices? by aztektum · · Score: 1

    Are they going to require current users to upgrade their box if they want to keep using the service? I see no mention of it in the article.

    If not, I think I'll go out and buy a Tivo this weekend.

    --
    :: aztek ::
    No sig for you!!
    1. Re:On NEW devices? by happyfrogcow · · Score: 1

      Are they going to require current users to upgrade their box if they want to keep using the service? I see no mention of it in the article.

      If not, I think I'll go out and buy a Tivo this weekend.


      Why? To support the company now who will screw you over tommorow? I understand your motive, but find other options.

  22. Sage by havoc · · Score: 1

    And if you don't like/can't use Myth try out Sage... Sage.TV

  23. I pay for it, I should get to keep it. by Java+Pimp · · Score: 1

    I've only ever paid for one pay-per-view program. That was the Rolling Rock Town Fair from a few years ago because I was there. I paid for it. I taped it (yeah, what a lamer). And I plan on keeping it.

    Why does someone else have a right to put a limit on how long I can keep a record of part of my life experience.

    Just some food for thought...

    --
    Ascalante: Your bride is over 3,000 years old.
    Kull: She told me she was 19!
    1. Re:I pay for it, I should get to keep it. by LighthouseJ · · Score: 1

      It doesn't matter if you were there or not. When you rent PPV, you pay and view it in a limited time window. It's an implied contract with you and the provider. The provider gives you access to something for a period of time, and you give them money. It's the same as renting a movie at a store, you play by their rules or don't play the game. If you treasure a life experience, film it yourself. You're breaking the contract you have with the cable provider.

      You can't just do whatever you want, because in instances like these, what you think is right isn't the same as what you think is being legal. Your provider has rights too.

    2. Re:I pay for it, I should get to keep it. by Cro+Magnon · · Score: 1

      There IS no "limited window" with DirecTV! And introducing any such limit will, at best, cost them my PPV money, at worst cause me to cancel DTV!

      --
      Slow down, cowboy! It has been 4 hours since you last posted. You must wait another few hours.
    3. Re:I pay for it, I should get to keep it. by dgagley · · Score: 1

      Many of the PPV stations on cable and Direct TV let you pay once and watch it as many times on the channel within a 24 hour period. My parents have a DVD-R/VCR where she still records the movie for later use. So if TIVO resticts the time RECORD it. Personally I don't even keep files on my computer HD without backing up.
      Make sure you backup your tivo as if it was your computer.

      --
      I can't use my sig - my computer can't read my handwriting.
    4. Re:I pay for it, I should get to keep it. by LighthouseJ · · Score: 1

      But he said it was PPV. If it was shown on regular network TV, then to me it's considered released to the entire world and fair game. But PPV is different, you pay for the convenience of not going to a video store, fighting for copies, scratched disc, etc... If you kept a video store movie after it was due, there are late charges, and eventually collections will call and place a charge on your account, ruin your credit, etc... Shouldn't there be a limit on PPV too, you are entering in the same type of contract as a movie store. There is still a limited time window because there's a time when the home watcher can begin to watch the movie and a time when they cannot watch any more which is enforced by the cable/satellite provider

      You can't pay $3.99 (or whatever the going rate for PPV is) and keep the movie forever whereas Johnny DVD-buyer goes out and buys the same thing on DVD for $20. Johnny DVD-buyer is legally entitled to watch the movie for as long as he wants, Mr. PPV cannot because his time is up.

    5. Re:I pay for it, I should get to keep it. by fatcatman · · Score: 1

      You can't pay $3.99 (or whatever the going rate for PPV is) and keep the movie forever whereas Johnny DVD-buyer goes out and buys the same thing on DVD for $20. Johnny DVD-buyer is legally entitled to watch the movie for as long as he wants, Mr. PPV cannot because his time is up.

      Sorry, that's a load of bullshit. Fair use laws allow me to do whatever I damn well please. I can rent a movie and make a copy for my own personal use if I like. Pay Per View is nothing more than a movie rental.

    6. Re:I pay for it, I should get to keep it. by LighthouseJ · · Score: 1

      What fair use laws? Since when does paying $3.99 to rent a movie entitle you to watch a movie for the rest of your life? That's just total shit. The entire idea behind rental movies is you get to watch the movie for a small price and you give it back, if you want to keep the movie, you purchase it from a retailer. Sorry pal, but this isn't a case of fair use, this is a case of copying a movie and breaking your contract with the rental agency. $3.99 doesn't entitle you to unlimited viewings, the $20 DVD price does.

      You can rent a movie and make a copy but that's stealing and don't give me that bullshit about "but I didn't deprive the rental store of anything", you deprived the studio of the money owed to them had you purchased the movie legally through a retail outlet.

      As someone else pointed out on here, the Home Recording Act only entitles you to time-shift (meaning only watch a program later, as in once), it doesn't allow you to keep a movie forever. The Home Recording Act is fair use but people like you (anyone that copies movies like this) think it's a ticket to do anything you want.

      You're last point is what I've been trying to say all along. You can wrap whatever IP-speak you want, but in the end you're still depriving motion picture studios of money. Now, you may not agree with some of their politics or whatever, but you can't break the law (although it sounds like you do anyway, which is sad).

    7. Re:I pay for it, I should get to keep it. by Anonymous Coward · · Score: 0

      Lighthouse, you've got the law and the concepts completely backward. The only ones doing any stealing are the companies. PPV is whatever I say it is. I have rights, and my understanding of the contract is that I get to copy it as much as I like. When Hollywood tries to take away those rights, they are trying to steal from me.

      The Home Recording Act did not negate my fair use rights.

    8. Re:I pay for it, I should get to keep it. by fatcatman · · Score: 1

      orry pal, but this isn't a case of fair use, this is a case of copying a movie and breaking your contract with the rental agency.

      I don't have a contract with the rental agency. Exchanging money for goods does not constitute signing a contract.

      As someone else pointed out on here, the Home Recording Act only entitles you to time-shift (meaning only watch a program later, as in once), it doesn't allow you to keep a movie forever.

      Untrue. Show me the provision in the Home Recording Act that says you must delete your copy after you watch it. You won't find it because it doesn't exist.

      You can wrap whatever IP-speak you want, but in the end you're still depriving motion picture studios of money.

      Not giving them money and depriving them of money are two different things. The fact that I don't buy a movie doesn't mean I'm depriving anyone of jack shit. If I rent it and invite a dozen friends over, are we depriving the rental agency and the studio of money? After all, those friends might have rented or bought the movie if I hadn't let them view it for free...

  24. why not actually limit views? by man_ls · · Score: 4, Insightful

    Instead of, say, limiting the length of time it can be stored, why don't they make it so that (1) once play has started, it must be completed within 48 hours, and (2) once it's finished playing, the file erases itself.

    Let the TiVo store unplayed content for an infinite length of time -- but put strict limits on it once it starts to be *used(

    1. Re:why not actually limit views? by uberdave · · Score: 1

      Instead of limiting the time it can be stored or viewed, why not make it so that it can be stored indefinitely and viewed as often as desired? It would be a lot simpler to implement. After all, the TiVo is already self limiting in terms of the amount of stuff it can record.

    2. Re:why not actually limit views? by man_ls · · Score: 1

      Then you'd have actually purchased the movie, rather than paid to view it once or for x amount of time.

      That'd probably cost more.

    3. Re:why not actually limit views? by Alsee · · Score: 1

      Then you'd have actually purchased the movie, rather than paid to view it once or for x amount of time. That'd probably cost more.

      That makes about as much sense as saying I would cost more if I have a 144-inch screen and a surround-sound system.

      I paid to have the movie delivered, period.

      Barring any contract or copyright restriction to the contrary, I am free to do with it as I please. I can display it on any screen I like in any manner I like, I can VCR it, I can TiVo it, I can pipe the sound level into my blender's speed control if I like. They have no more right over how long I keep a recording or how many times I watch it than they have to restrict what I do with the crushed ice from my variable-speed blender.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    4. Re:why not actually limit views? by brxndxn · · Score: 1

      That would get really annoying. I had Janet's boob on my Replay TV for a month.. for some reason, it never got old and I showed all my friends.

      Who says I should only have 48 hours to view Janet's funny disgusting boob?

      --
      --- We need more Ron Paul!
  25. Driving customers away by cslarson · · Score: 1

    It seems that tivo should be doing things to keep customers rather than drive them away. I view Tivo in a similar way as I view AOL's demise. It was a good idea at the start, but in the face of better cheaper technology proved to be an untenable business arangement... at least at the prices they are trying to charge. My friends cable company is about to install a dvr in place of their cable box as apart of their survice package (not sure if they're paying extra, although I don't think they are). This is most likely the future of this kind of service.

    1. Re:Driving customers away by Fnkmaster · · Score: 4, Insightful

      Uhh have you used any of those so-called DVRs? They aren't even remotely close to a Tivo. I understand from a business perspective Tivo is F'ed, but I would never in a million years pay my cable company 5 bucks a month just to save 7 bucks a month over Tivo's cost to get the incomparably worse DVR service.

    2. Re:Driving customers away by Anonymous Coward · · Score: 0

      ive already emailed tivo that this decision will effect my decision to buy future tivo products. like the direct tivo i was going to get

  26. Depends on where you get it from by Mr+Guy · · Score: 1

    There is always some words to the effect you are agreeing to something that will either be sent to you on request or available in some way when you use Pay per view. Whether or not you chose to read it, or whether or not it's entirely enforceable is someone else's call. When they bill you, you are paying for a service, and that service has an agreement associated with it, somewhere.

    1. Re:Depends on where you get it from by iCEBaLM · · Score: 1

      It's not enforcable unless I see it before I pay for this PPV and sign it. Neither of these has ever happened when I have purchased a PPV, which admittantly is seldom.

    2. Re:Depends on where you get it from by Mr+Guy · · Score: 1

      Enforcability of click through licenses is always a mirky area until they really get tested in court, but the point is that the information is available to you before the point of purchase, and you very likely agreed to the terms in advance, when you first received your tv service.

  27. Collusion? by Anonymous Coward · · Score: 0

    Isn't this anti-competitive collusion? Sounds to me like they're both ripe for being sued under various states consumer protection laws.

  28. more corporate bullshit by RelliK · · Score: 1

    Shit like this is precisely why I'm building myself a mythtv box. Better quality, unlimited space, no monthly fees, easy networking, easy CD/DVD burning, etc.

    --
    ___
    If you think big enough, you'll never have to do it.
  29. Does this make sense to anyone? by GreenCrackBaby · · Score: 4, Insightful

    it is intended to allay the piracy and business concerns that prevent the studios from releasing films to cable pay-per-view services on the same day they appear on DVD. Such issues also have made premium cable networks reluctant to offer on-demand services that would allow subscribers to watch any episode of, say, ``Six Feet Under'' they choose, at any time.

    What piracy concerns? DVDs are available for download the second they hit store shelves (or days before as is often the case). Having some movie on a Tivo isn't going to increase the level of piracy.

    "Business concerns" my ass.

    --

    "The market alone cannot provide sufficient constraints on corporation's penchant to cause harm." -- Joel Bakan
    1. Re:Does this make sense to anyone? by Digital_Quartz · · Score: 1

      > "Business concerns" my ass.

      See, you say that, and I agree with you. I'm not going to keep every episode of "Six Feet Under" on my PVR, because then there'd be no room for anything else, and I actually like to, you know, record video on my personal video recorder.

      On the other hand, this MUST be a business concern. Businesses don't spend time, money, and effort to secure these kinds of deals unless they see a return on that investment.

      So either; 1) The content suppliers just "don't get it". They don't understand that this technology will ultimately benefit them, and not threaten thim.

      Or, 2) *WE* don't get it. Something is going on here that we don't understand. This is some kind of tactical positioning and posturing.

    2. Re:Does this make sense to anyone? by shark72 · · Score: 2, Insightful

      "Having some movie on a Tivo isn't going to increase the level of piracy."

      This is the "everybody on the planet is as smart as me" position which is prevalent on Slashdot.

      MP3 piracy existed prior to the arrival of P2P software. Smart people like Slashdot readers knew how to use FTP and newsgroups. But when easy-to-use P2P programs arrived, MP3 piracy grew exponentially.

      As big as you think movie piracy is now, it's only going to get bigger. The content providers think that VOD and PPV combined with networked PVRs are just the combination to create that explosion. The news today about the time limits is an effort to curtail this.

      If anybody reading this doesn't understand what I'm getting at, consider the sort of user for whom installing a P2P program and adding a DVD burner to their PC is either infeasible or something they don't want to bother with (the DVD-R adoption rate in PCs is nowhere near 100%). But give that user an easy-to-use PVR and the potential ability to send a PPV or VOD movie to a friend in another town with just a few pokes at their remote, and you've got one more movie pirate.

      --
      Sitting in my day care, the art is decopainted.
    3. Re:Does this make sense to anyone? by Alsee · · Score: 1

      So either; 1) The content suppliers just "don't get it". They don't understand that this technology will ultimately benefit them, and not threaten thim.

      Or, 2) *WE* don't get it. Something is going on here that we don't understand. This is some kind of tactical positioning and posturing.


      Well, lets look at history. The head of the MPAA testified to congress that the VCR was going destroy the movie industry. Do "Boston Strangler" and "armageddon" ring any bells? The MPAA now makes more money from video cassettes than they ever made from theaters.

      Pretty much the same thing happened when audio cassettes were introduced, and radio, and player-pianos, and Digital Audio Tape (DAT), and pretty much every new technology.

      The one interesting case there is DAT. The industry got a law passed to "save" them the "rampant piracy" and "destruction" they were predicting. And what happened? The law mandated such hardware had to be crippled, to protect copyrights. The early adopters found that the products crippled or blocked all sorts of perfectly legal and valuable functionality. The technology died, and the industry lost the opportunity to resell people music the same old music on the new format. Passing an "anti-pracy" law to cripple hardware resulted in reduced profits to the industry and exterminated a perfectly good technology. That law killed DAT, it killed Mini disc, and who knows how many other technologies over the last 12 years. The only reason MP3 players weren't exterminated is that they pretty much slip through a loophole in the law, being a fully capable "computing device" rather than a "Digital Audio" device.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
  30. You do realize thats their perogitive right? by tgd · · Score: 2, Insightful

    Its their content. Its their business how they license that content to you.

    Although it pisses me off as much as anyone else on here that these content companies want "do not record", "only play until xxx", and "do not copy" type flags on their content, I do believe they've got every right to do that since the material belongs to them.

    If you don't like it, don't watch it. There's lots of far higher quality movies, programs and music out there from people who aren't as fixated on keeping strict controls.

    If the majority of people care, then they will change or go out of business. But the fact is, most people don't care. They're still going to watch "6 Feet Under"...

    1. Re:You do realize thats their perogitive right? by legirons · · Score: 2, Insightful

      "Its their content. Its their business how they license that content to you."

      I'm glad that most people don't take your attitude to business.

      "This is my land. You should be lucky I'm allowing you to farm it."

      Feudalism was replaced about 500-600 years ago. We're not about to bring it back in the realm of entertainment.

    2. Re:You do realize thats their perogitive right? by tgd · · Score: 1, Troll

      Huh? How is that even remotely related?

      They created the content. They spent the money doing it. Its not a natural resource, its not something you could possibly come up with an argument to claim you have any ownership rights over.

    3. Re:You do realize thats their perogitive right? by BrookHarty · · Score: 3, Interesting

      Its their content. Its their business how they license that content to you.

      But the distribution methods are not theirs, this is why they are lobbying to control both content & distribution.

      Take baseball, aired on public tv, they block home games, so the content owners can try to make more money, when in fact they are sponsered by the public (for the stadium) and agree to air games.

      Regulations worth both ways, there is no reason you have to give content providers a gold ruler, and make everyone else measure up.

      If they don't want to follow our standards, they can keep their content off tv. Works both ways.

    4. Re:You do realize thats their perogitive right? by Rude+Turnip · · Score: 1

      There is no license. Period. You're paying to have HBO descrambled on your cable box. There are no further terms or conditions. The only thing you can't do by standard copyright law is distribute copies to other people.

      The presence of broadcast or recording flags does not infer a license, either. They are inconveniences that I will route around by using hardware that I control or by cancelling my HBO subscription.

      I swear to God, I'm reading so many comments on various /. threads about these ficticious "licenses" and "contracts" (not to say there aren't real licenses and contracts in certain cases) that I've come to a couple conclusions:

      1. There are a lot of ignorant people that need a basic primer in business law to tell the difference between a legitimate contract and a EULA; or

      2. The *AA's are running an astroturfing campaign to spread lies.

    5. Re:You do realize thats their perogitive right? by BrookHarty · · Score: 1

      Seems to me, if the Cable companies should just give rules back to the content providers, our way, or your content stays off our channels.

      The content owner still has his rights, right to not allow anyone to see the work.

      Money goes both ways, there is no reason we (the public) or we (the owner of public airwaves) should allow 1 business to own and design the business model.

      This would be like telling Radio stations they cant air commericals when playing their music, they wouldnt go for it. Why would we the owners allow the content providers to tell us how/where/when we can listen to music?

      Fine, RIAA/MPAA if you dont want to allow tivo/p2p, stop selling CD's and PPV, its your content, you have that right. Why should we ruin our distribution model for your content? We dont. You can stop selling music and movies.

      And before you say, pfft, bullshit, its a free market, if they dont want to allow you to use their content, some other content provider will step up and fill the gap.

      This is the whole purpose to an open/free unregulated market. If you need protection from CONSUMERS, you most likely have a monopoly.

      I hope that was clear, the media only follows one sides of the story, but being media, they are owned.

    6. Re:You do realize thats their perogitive right? by pjrc · · Score: 1
      Its their business how they license that content to you.

      It also appears to be their business to impose additional restrictions that go far beyond the way they "license that content to you".

      I do believe they've got every right to do that since the material belongs to them.

      Apparantly you have not heard of "fair use", which was originally introduced by the supreme court and later written explicitly into the law by congress.

      In a nutshell, the doctrine of fair use (which is the law), states that in some cases it is legal to copy or otherwise excersize the copyright holders exclusive rights without permission, depending on these 4 factors:

      1. the purpose and character of your use
      2. the nature of the copyrighted work
      3. the amount and substantiality of the portion taken, and
      4. the effect of the use upon the potential market.

      It is well established case law that recording a television program for later private, in-home viewing is a fair use. Specifically, for #1 is it non-commercial use and #4 there is virtually no impact on the potential market for the copyright holder.

      As far as "most people don't care", we will see. I suspect a lot of Tivo owners are going to be upset when/if their tivo refuses to record or store some show or movie.

    7. Re:You do realize thats their perogitive right? by ChaosDiscord · · Score: 1
      Its their content. Its their business how they license that content to you.

      Indeed, so long as the license is explicit and you explicitly agree. When I got my digital cable box with the ability to purchase pay-per-view, I got no notification about limited rights to record PPV shows. I've never signed any sort of agreement with my cable company. (To be fair, I did sign a few work orders, but those only confirm that the service was installed, appeared to work, and that I'd pay the installation fee.)

      If content companies want to enforce restrictions beyond traditional copyright law on someone, they had better get people to agree in advance, with legally binding agreements. Absent such an agreement, they don't have any particular right to restrict my actions.

    8. Re:You do realize thats their perogitive right? by Yebyen · · Score: 3, Interesting

      Your view of intellectual property is flawed. Physical objects can be created or destroyed. They are composed of natural resources. Ideas are natural resources, just like anything else. Creative content is created from ideas, just like physical property is constructed from other resources.

      Physical property can be transferred from one person to another. If I give you something physical, I do not have it anymore. If I give you some creative work or idea, I can still give it to others, and I have not lost anything. The idea of "property" does not transfer completely from physical objects to ideas. After understanding these differences, we can now discuss the current legal and economic situation of physical security versus security of intellectual property.

      It is my right to protect my physical property through physical security. There are laws which punish those who would violate my physical security, because they will be depriving me of my right to my own property.

      Bring this over to intellectual property, and you see that the model no longer fits. It is my right to protect my intellectual property through technical or other security. There are laws which punish those who would violate security on intellectual property, because (???) why? The owner hasn't lost anything but some "right to profit" which is not codified anywhere.

      I do not have the right to profit from a flawed business model. The owner of some content wishes to prevent me from doing something which I could do legally, if his security was not in place. When I break his security, the only law I have broken is the "no breaking security" law. This is not equivalent to trespassing or theft, because no crime is being committed, besides "breaking the DMCA."

      In the world of physical security, it is illegal to pick the lock on someone else's door without permission, because it serves no legal purpose. Whether you are going to steal from their house or not is immaterial, because there is no other valid reason to pick their lock. In the world of intellectual property, it is now illegal to "pick the lock" on a "protected" file, IN SPITE OF the fact that there are many legal uses, including exercise of my fair use rights.

      Copyright in this country was fought bitterly until the idea of fair use rights were created as well. Many years later, the companies with their found copyright powers want to remove our fair use rights through technical security, and expect laws to prevent us from "picking the locks." Do you see my point?

      The only loss to the author is the ability to charge me extra for something which I should be allowed to do anyway.

      --
      Restating the obvious since nineteen aught five.
    9. Re:You do realize thats their perogitive right? by Yebyen · · Score: 3, Insightful

      And I paid them money, so I could have a copy. The government has decided that because I have a copy, it is my right to do certain things with that copy. (Fair use rights.) If I bought it, I may not "own" the copyright, but I certainly own the content to the extent that I should be able to use it however I like.

      --
      Restating the obvious since nineteen aught five.
    10. Re:You do realize thats their perogitive right? by Igmuth · · Score: 1

      Well, you still can. This has nothing to do with fair use. Its not like someone is passing a law requiring this, or going around willy nilly suing people. You are buying a piece of hardware. Said hardware has certain features. This just happens to be one of them. Compaining about your rights being violated by Tivo, is like complaining about Disney's self distructing DVDs doing the same.

      If you don't like it don't buy it!

    11. Re:You do realize thats their perogitive right? by Anonymous Coward · · Score: 0

      The government doesn't decide things for you - YOU are the government. You have any and all fair use rights unless the government takes them away. They're still there, they have never been taken away - use them. Copy all you like.

    12. Re:You do realize thats their perogitive right? by Alsee · · Score: 1

      Its their content.

      They have every right to licence or not licence a cable company to distribute it or not. Once they do deliver it to me and my livingroom I am free to make whatever legal use I like.

      If there are some pefectly legal things they don't want me doing then they are perfectly free to withhold that delivery unless I first sign a contract promising not to do those otherwise legal things.

      What they do *NOT* have any right to do is to tell TiVo and RePlay how they may or may not make their products. That should be bloody obvious, but I'll give an example proving just how stupid that is. I am the copyright holder on this very post. If I embed a "flag" in my sig saying that this post may only be displayed on your computer only once and only for 30 seconds, does that give me some right to tell IBM, DELL, and COMPAQ how to make computers? Computers which may or may not ever be use to view this post? That is obviously absurd. I have no such rights to define/restrict other people's property, and neither do they. Their demands are just as absurd as mine would be.

      these content companies want "do not record", "only play until xxx", and "do not copy" type flags on their content, I do believe they've got every right to do that

      Sure. And I have a right to stick a "Do not display before 2008" flag on this post. However I have no right to complain when DELL's computers don't look for that flag. I also have no right to complain that you ignore and "violate" my flag.

      I only get to complain if I had actually withheld my copyrighted content, only delivering after contracting to deliver it in exchange for you promising not to display it before 2008.

      It is absoutely appalling that they are getting away with abusing the legal system with countless bogus lawsuits battering hardware makers into submission. It's cheaper to submit and make a crippled product than to fight frivilous suit after frivilous suit. These cases need to be fought to conclusion, those bringing frivilous suits need to be smacked with damages.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    13. Re:You do realize thats their perogitive right? by Alsee · · Score: 1

      This has nothing to do with fair use. Its not like someone is passing a law requiring this, or going around willy nilly suing people.

      Actually that is EXACTLY what has been happening. The publishing industry has been battering hardware makers with countless bogus suits. TiVo and RePlay are submitting to MPAA demands because the MPAA can bleed them dry on legal expenses without ever winning a single suit or appeal.

      It is a DoS attack, they are denying the public the ability to buy non-crippled products by bankrupting/threatening to bankrupt any company that dares make a non-crippled product.

      "Don't like it don't by it" kinda falls apart when someone is allowed to abuse the legal system to exterminate free market competition.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    14. Re:You do realize thats their perogitive right? by legirons · · Score: 1

      "Its not like someone is passing a law requiring this"

      "Do-not-record flag" notwithstanding... how can you write that when people blatantly are passing laws requiring such things, and as someone else has noted, most definitely are running around randomly suing people.

      "If you don't like it don't buy it!"

      Exactly. I'll get a MythTV box if I ever need a PVR. You can bet that "the industry" will respond to my purchasing decision by falsely calling me a copyright-infringer though, for choosing something which does not restrict how I can use it.

  31. Make more content available, not less by freshfromthevat · · Score: 1

    It seems to me that the PVR manufs are trying to make more content available, not restrict us on content they already get for us. By having a policy on the table, they can offer the PPV providers more customers and offer PVR users access to movies as soon as they are available on DVD, rather than months later.
    This could be a win for us PVR users. This could only be a loss for us PVR users if the PVR providers were somehow forced (forced I say) to implement these new restrictions on content we already get.

    --
    .. Blub falls right in the middle of the abstractness continuum. -- Paul Graham
  32. Why can't you just... by Anonymous Coward · · Score: 0

    do the same thing as these technologies with a computer and software? For the techie is this a non-issue or am I missing something about what they offer? If a company starts creating limits on what you can do for no reason other than for their own selfish interest, perhaps it is time to move on.

  33. I'm not sure you're getting the point by Mr+Guy · · Score: 0

    It's for TV on demand. If you're going out of town, don't order it until you get back. It's not going to stop you from tivo'ing the entire season of 6 Feet Under during the year, it'll just stop you from order a high def ppv copy of an episode you missed if you are dumb enough to order it, then never watch it.

  34. PPV Pr0n. by Luckboy · · Score: 1

    There are certain stations that I get *cough*PlayboyTV*cough* that are categorized as Pay Per View, and I get a warning every time I tell my Tivo to record that I need to make sure to order this PPV show through my cable company. Well, guess what? I SUBSCRIBE. I can watch 24 hours a day, seven days a week (and sometimes, I DO!). The point is, when I record something, I want it to STAY. And REPEAT. And REPEAT. And just repeat the last eight seconds again. Keep going.

    Why is my vision getting blurry?

  35. Tivo Hack #1 (for Tivo Hacks 2nd edition) by i_want_you_to_throw_ · · Score: 5, Funny

    "How to permanently keep your recorded data"

  36. Right. by sulli · · Score: 5, Insightful
    And do you really think Joe User will contend with:

    mythtv-suite

    ATrpms - by Distribution > common > mythtv-suite
    Meta-package dragging in all of MythTV and add-ons.

    This package is only useful in conjunction with apt-get, yum, or any other automatic dependency resolver.

    It merely contains dependencies to all other required myth components, which in turn drag in further dependencies.

    If you have an atrpms enabled apt-get or yum, all you have to do is
    apt-get update && apt-get install mythtv-suite

    or
    yum install mythtv-suite

    Have a look at the multimedia rpms to browse through the actual packages. Instructions for installing/configuring apt-get and/or yum are at the front page.

    NOTE: drivers are not installed with mythtv-suite. If any rpms for a driver exists, you can still use apt-get or yum to install them.

    NOTE: While rpms make installing mythtv and dependencies very easy, configuring mythtv/xmltv etc. is still needed. Please read carefully the documentation at the official mythtv web site. There are also walkthrough guides like Jarod C. Wilson's guide and Tyler Butler's installation guide also for the PVR-250.

    And this is on the precompiled binaries page! How the heck will any non-Linux-geek figure this out?

    Someone really needs to compile a MythTV LiveCD (or whatever) that you can just install and run on a PC with suitable video hardware. Having to figure out all this Linux mumbo-jumbo, or worse, compile it yourself, is a recipe for saying "screw it" and going back to TiVo, restrictions or no.

    --

    sulli
    RTFJ.
    1. Re:Right. by Mr+Guy · · Score: 5, Informative

      You mean like Knoppmyth?

    2. Re:Right. by rusty0101 · · Score: 2, Informative

      Nah, he or she should just be directed to get a copy of Knoppmyth from http://www.mysettopbox.tv/ and follow the much briefer instructions, as well as any special case instructions by looking at the handi wiki pages that are linked to from there.

      --
      You never know...
    3. Re:Right. by cayenne8 · · Score: 2, Informative
      "Someone really needs to compile a MythTV LiveCD (or whatever) that you can just install and run on a PC with suitable video hardware."

      They have: Knoppmyth at MySettopBox

      I do believe it is about as plug and play as you can get.

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    4. Re:Right. by atriusofbricia · · Score: 1, Insightful
      Probably not. But they might deal with:

      emerge mythtv

      Just checked, does all the dependency work for you in one command. Myself, it just means that I'll buy my second Tivo before the change over or just buy older ones and disable auto update for the software. At least until they make it so you can't do that anyway.

      --
      I was raised on the command line, bitch

      "Nemo me impune lacesset"

    5. Re:Right. by LnxAddct · · Score: 1

      Yea, the grandparent post was exaggerating alot. ATRpms was just being extremely detailed. Everything he said could have been stated in, "Run 'yum install mythtv-suite' and install any drivers you may not have".
      Regards,
      Steve

    6. Re:Right. by 14erCleaner · · Score: 4, Informative
      KnoppMyth looks like the right idea, but it includes this gem in the installation instructions:

      Note: You'll still need to edit /etc/X11/XF86Config-4 to change the refresh rate or you CAN destroy your TV.

      I'd say it still needs a little work before releasing it to the unwashed masses...

      --
      Have you read my blog lately?
    7. Re:Right. by atriusofbricia · · Score: 1

      Which of course is what would really be done. On the other hand, a MythTV livecd isn't a bad idea at all. In fact I'd be surprised if someone out there didn't already have one or is working on one. A google search was inconclusive.

      --
      I was raised on the command line, bitch

      "Nemo me impune lacesset"

    8. Re:Right. by jrockway · · Score: 0, Troll

      The difference between Windows and Linux is that the Linux people admit to problems like that. Windows doesn't say anything; so you assume it can't happen.

      Just goes to show you that ignorance is bliss :)

      --
      My other car is first.
    9. Re:Right. by Naffer · · Score: 2, Funny

      It's sure a good thing that Joe-PVR user knows how to install gentoo!

    10. Re:Right. by atriusofbricia · · Score: 1
      I would like to think that Joe-PVR user can read. That being the case, they can install gentoo. I used to think it was too much of a pain and not worth the time, and I'm a 6 year Linux user. Then I went to the website and followed along. Yeah, that was hard. So much harder than the last time I installed Windows. Yep, don't know how I, or the total newbies I've talked to, made it. Damn. What a world.

      As a side note, maybe I'm nuts, but it really annoys the hell out of me the people that seem to assume that "Joe User" can't figure anything out for themselves and needs their wittle hand held for every little thing. I'll give you the benefit of the doubt and say that you may not be in that category. But, a large number of people around here and in this industry seem to think that way and it's really insulting.

      --
      I was raised on the command line, bitch

      "Nemo me impune lacesset"

    11. Re:Right. by jshriverWVU · · Score: 1

      This sounds like a good idea... Knoppix-MythTV distro rings a bell... if only I had a vid capt card I'd give this a shot.. hopefully someone will.

    12. Re:Right. by toddestan · · Score: 1

      Well then, for that matter has anyone managed to fry a TV set in Windows yet? Or even in Linux? ATI's drivers in Windows lets me flip between PAL and NTSC pretty easily for the TV out, and without a warning I might add. However, after reading the grandparent's post I'm too chicken to intentionally set it to the wrong setting just to see what happens.

    13. Re:Right. by jrockway · · Score: 1

      Exactly. Had you not been aware of the .0001% risk, you would not have cared. Now you do.

      Ignorance is bliss.

      --
      My other car is first.
  37. Perfectly fair by LowneWulf · · Score: 1

    We're not losing any rights at all!

    It's the right of the studios to release their movies how and when they want by whatever means they want. It's the right of Tivo to, within the confines of the law, put whatever bloody restriction enforcement they want inside their products. The right we have here is to buy or not buy, that's about it.

    We have the right to simply not buy a DVR that enforces such restrictions, or not rent movies that are encumbered by such restrictions. Of course, they're trying to craft laws to change that, but that's an entirely different story.

    1. Re:Perfectly fair by geekoid · · Score: 2, Insightful

      "The right we have here is to buy or not buy, that's about it."
      that is woefully ignorant.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    2. Re:Perfectly fair by Alsee · · Score: 1

      It's the right of Tivo to, within the confines of the law, put whatever bloody restriction enforcement they want inside their products.

      The point is that TiVo does *NOT* want to cripple their product with such restrictions. They can obvious better compete and attract more customers with a better and more functional product.

      The only reason they are doing this is because the MPAA is threatening to drive them into bankruptcy through frivolous and abusive lawsuits. Even if TiVo wins every case and wins every appeal, they still get bled dry fighting it.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
  38. Do people use TIVO to *store* videos? by SamNmaX · · Score: 5, Informative
    I've been using a MythTV setup for quite a while now, and I've been using it as anyone would expect me to, to record my shows so I can watch them at a later time. While certainly it is possible for me to store the videos for later viewing, I don't, simply because there is rarely much point in doing so, even with movies.

    I think perhaps television companies are failing to see the true positives and negatives of these systems. Their true problem is not that people will turn their TIVO into a movie library (hence filling it to the point where they won't have any more space), but that they will skip commercials. The most likely response to this, besides desperate legislation, is to build more and more advertising into the shows themselves. Whether this is a good or bad scenerio, I don't know. It means less time wasted with commercials, but content becoming much more controlled.

    The positives of these systems is there is no longer a 'prime time'. Once these systems are wide spread, you can schedule shows at any time, including the middle of the night, and people who want to watch them can.

    As for Tivo and Replays "solution" here, well, not being able to keep pay-per-view stuff forever isn't so bad, though I'll stick with my MythTV box which I have total control over. The bad part of this is that this isn't likely to be the only restriction but the start of many restrictions which will further erode the usefulness of these systems, and even worse, the coming of new laws that would likely have made systems like Tivo illegal in the first place if they came a little earlier.

    1. Re:Do people use TIVO to *store* videos? by jbarr · · Score: 1

      Well, as a ReplayTV user, I often download selected movies, shows, or specials and burn them to DVD for later or repeated viewing. While this isn't the norm, it's certainly a whole lot easier than unplugging the box and flying it to my brother-in-law...

      --
      My mom always said, "Jim, you're 1 in a million." Given the current population, there are 7000 of me. God help us all!
    2. Re:Do people use TIVO to *store* videos? by Scott7477 · · Score: 1

      The positives of these systems is there is no longer a 'prime time'. Once these systems are wide spread, you can schedule shows at any time, including the middle of the night, and people who want to watch them can.----I think that this is what the TV networks are most afraid of; if there is no prime time they can't charge higher prices for those prime time ads.

      --
      "Lack of technical competence coupled with the arrogance of power, as usual, leads to no good end."
    3. Re:Do people use TIVO to *store* videos? by SamNmaX · · Score: 1
      Well, as a ReplayTV user, I often download selected movies, shows, or specials and burn them to DVD for later or repeated viewing.

      I'm considering installing a DVD burner later on, though mainly for the purpose of lending out shows to friends who have missed them. In terms of movies, while certainly I could record and burn them if I wished, I'd much rather copy from the original DVD, though this in part might be because the quality of the analog television signal is only so good. There are quite a lot of places for someone to pirate a movie if they desired, and these kinds of measures are likely going to only be a drop in the bucket.

      The danger is that these measures make recording normal shows on Tivo/ReplayTV difficult or illegal, all in the name of what's being marketed as copy protection. These types of systems need to become more widespread, so that people will actually know what they are missing and be able to complain in case these laws are changed.

    4. Re:Do people use TIVO to *store* videos? by Qzukk · · Score: 1

      True. Instead, they'll have to air shows that people will want to watch, and then charge based on popularity. (Plus some for having a known audience, minus some for a handful of people skipping commercials, it'll even out in the end)

      --
      If I have been able to see further than others, it is because I bought a pair of binoculars.
  39. What they're trying to prevent... by LostCluster · · Score: 4, Interesting

    Remember, the the original Sony Betamax decision at the Supreme Court didn't say that we were allowed to use VCRs to permanantly archive anything. It said that we had the right to time-shift content we obtained from TV broadcasters.

    Therefore, a TiVo really doesn't have the legally established right to have a "Save Until I Delete" feature. Current TiVo devices offer that "green ball" as a keep-forever setting, but that's really in the gray area that we've never seen any court rulings about how legal that is.

    So, another chip off the "fair use" tree has fallen away from us, but this wasn't really one that was well established to begin with. At least this is also a dent in the "broadcast flag" that might have marked PPV movies as being in a no-DVR-zone...

    1. Re:What they're trying to prevent... by Rude+Turnip · · Score: 2, Insightful

      "Therefore, a TiVo really doesn't have the legally established right to have a "Save Until I Delete" feature. Current TiVo devices offer that "green ball" as a keep-forever setting, but that's really in the gray area that we've never seen any court rulings about how legal that is."

      Using the language of that cunt, Mary Bono, I'm only saving for "forever less one day." It cuts both ways.

    2. Re:What they're trying to prevent... by Anonymous Coward · · Score: 0

      What if I want to time-shift, say, a year or two from now?

      Maybe I have a strange preference, like wanting to record all the episodes of a given series in a year, and then watching them all in one big session at the end? Maybe I'm working in some remote area for months at a time, and can't watch until I get back?

      Legally, I don't see any difference between a typical time-shift application, and a "mega" time shift that happens to exceed some arbitrary expiry date.

    3. Re:What they're trying to prevent... by Anonymous Coward · · Score: 1, Insightful

      Lost Cluster, with all due respect you have a misunderstanding of the law. IMO misunderstandings like yours are a large part of the reason why the US is in such a mess nowadays.

      Statutes and courts don't GIVE people rights. The theory in the United States is that we have all of the rights which God or whatever has given us from birth, and statutes and courts sometimes (with our ultimate consent) can TAKE those rights away. So, start from the proposition that you can do anything at all that you want, unless law restricts it.

      The Betamax decision said only this: We, the US Supreme Court, have decided not to take away the right to make copies of videos for time shifting purposes. All the decision told you, or anyone, was what the court would not in that instance take away.

      The decision doesn't mean that time shifting is the only valid reason which permits copying, which is the way you are mistakenly interpreting it. Rather, the court looked at it and when asked the narrow question, is time-shifting copying invalid, answered, "Nope."

      So, you continue to HAVE EVERY OTHER FAIR USE RIGHT, unless and until those rights are taken away by law. Oh, and to the posters who will chime in and say, but the copyright statute only gives 4 examples of fair use, well, that is not an exclusive list. I'll say it again, until your rights are taken away in America, you have them. That's the theory anyway.

      Now, will you all PLEASE start acting in accordance with the thory our country was founded on? I am going to make copies of copyrighted content until I am blue in the face. I can think up hundreds of reasons why my copying is a fair use, besides time shifting or the few small examples cited in statute. Heck, maybe I just ENJOY it, and copying for enjoyment is a fair use? Who's to say?

      I get to say, until that right is taken from me by process of law, I have it, and I am going to exercise it. IAAL.

      Ps, I have noticed on Slashdot frequently that when people make mistaken legal arguments like yours, they often use the term "allowed," as in your reference to the court decision not "allowing" us to do XYZ. Please, please, please, for the sake of our country, banish the word from your vocabulary, stop using it, and leave the word to be used by children only. Adults in a free society aren't "allowed" or not "allowed" to do things. We do whatever the hell we want, unless prohibited. Please grow up and evolve, the whole world is suffering because US citizens are acting like they are small children instead of adults with rights and responsibilities.

    4. Re:What they're trying to prevent... by tepples · · Score: 1

      Adults in a free society aren't "allowed" or not "allowed" to do things. We do whatever the hell we want, unless prohibited.

      Except the US statutes in question are generally worded to the effect that Congress prohibits everything it can except for some narrow exemptions.

    5. Re:What they're trying to prevent... by danila · · Score: 1

      How about a deal? They have the right to indefinitely expand limited copyrights and we have the right to indefinitely timeshift the content, until we delete?

      --
      Future Wiki -- If you don't think about the future, you cannot have one.
    6. Re:What they're trying to prevent... by Alsee · · Score: 1

      Except the US statutes in question are generally worded to the effect that Congress prohibits everything it can except for some narrow exemptions.

      However the Fair Use section of copyright law is written exactly the opposite, and with good reason. There is absolutely nothing "narrow" or "prohibitive" about it.

      If you read it carefully and remove non-functional examples and fluff, all it really says is that Fair Use is not infringment, period. It gives examples of Fair Use, but no where does it restrict Fair Use. Fair use is anything the courts say it is. It gives some examples of factors to consider in determining Fair Use, but does not restrict what other factors may be considered and does not even require that ANY of the listed factors be satisfied.

      Anyway, getting back to Betamax. The court explicitly acknowledged that some people saved tapes for multiple viewings. While the court never explicitly said multiple viewing was Fair Use, such a result seems implicit from the rest of their ruling. They certainly didn't suggest it wasn't Fair Use. There was never any dispute that Time Shifting was fair use, the only dispute was whether that was enough to keep VRC's legal. It is difficult to imagine any serious argument that it somehow becomes infringment to watch a Time Shifted recording a second time.

      The fact that pure Time Shifting is non-infringing is enough to defeat the MPAA's demands, as they are demanding that movies be deleted in as little as 90 minutes. The court explicitly envisaged extended duration Time Shifting.

      The MPAA's demands are groundless. They are merely attempting to extort compliance through threats of incessant and abusive lawsuits which will cost TiVo and RePlay millions to fight, even if the MPAA loses every suit and every appeal.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
  40. it really depends on the limit by neoThoth · · Score: 1

    Say the limit were 75 years or something similar to my lifetime. I'd be all for that. I doubt that they are thinking this long term.

  41. Have Copyright..... And Eat It Too? by ObsessiveMathsFreak · · Score: 4, Insightful

    Hollywood's view on copyright is pretty unrealistic in my opinion.

    When a film is released in cinemas, a large degree of copyright control can be expected by the copyright owner. They can effectivly control the distrobution and showing of the film.

    When the film is released on video and DVD, a large degree of copyright control is lost to the holder. They can only loosly control the distrobution and showing of the film. People can buy films and view them whereever they please, and give the DVD to whoever they please. Maybe even copy.

    However when a copyright holder makes the decision to broadcast a film to millions of people, over the airwaves, potentially to every human in the contry, and in future perhaps the world, it is fair to say they have abandoned all pretence to copyright control. They have in effect duplicated the film about as many times as it can be duplicated, almost infinitly, and in so doing have made a laughing stock of their grounds of complete control over their copyright.

    If you want to use your copyright to broadcast your film all over the airwaves, fine. Just don't expect to keep the same control over it as you did the day before. If you blast your movie into my box, I've got it and possession is nine tenths of the law mate.

    It's like an author emailing his book to every inbox on the globe and then complaining when people start printing it out or reading it on their PDAs. Rubbish.

    Hollywood has lost its monopoly on the reproduction of media content. Tought luck. Evolve or die, dinasaurs. Don't drag more innovative compnaies like TiVo down with you. the situation in the UK is a little different. Sky+ actually encourages viewers to record TV content. Maybe it's the lack of a Hollywood there?

    --
    May the Maths Be with you!
    1. Re:Have Copyright..... And Eat It Too? by Anonymous Coward · · Score: 0
      Some people probably wondered: in the context of discussing Linux distributions, people started using the word "distro" as shorthand. What would be the long-term consequences of this?

      Now we know: the word "distrobution" was born.

    2. Re:Have Copyright..... And Eat It Too? by 91degrees · · Score: 1

      Yes. The "have their cake and eat it too" attitude. Hollywood is way too obsessed with piracy. It's a red herring. It makes a lot more sense to try to maximise sales, and only worry about piracy when it's actually causing a problem.

      Because they're so obsessed with the loss of hypothetical sales through piracy, they're losing actual sales through an unsuitable service.

    3. Re:Have Copyright..... And Eat It Too? by Anonymous Coward · · Score: 0

      Very nicely said. I used to argue that the economy suffered because I won't purchase DRMed materials, haven't upgraded to digital from video, and will stick happily with my 20 year old non-macrovision vcrs. But I am trying to move to DVDs (ever since I figured out how to make copies of them), but making the copies takes so much longer and is so much more hassle for me than my vcrs ever used to be that I find my expenditure even for RENTALS keeps going way down. I just don't have the time.

      Nice going, Hollywood. You never used to get a PURCHASE stream from me, but at least you could rely on a consistent RENTAL stream from me in the past. Nowadays, though, thanks to your shoot-yourself-in-the-foot Jack Valenti DRM tactics, even the rental stream you get from me has been diminished and disrupted. Good thinking, stupid business asshats.

      Not to mention the hardware sellers who haven't made any money from me because Hollywood the tiny industry hijacks the giant consumer electronics industry into DRMing their products instead of giving the customers what we want. When will these industries finally fucking wake up?

  42. I can see their point on Pay-per-views... by jbarr · · Score: 1, Insightful

    If you purchase a movie ticket for tonight and hold it until next week, would you expect to be allowed to view it later? No, in fact under most circumstances, you wouldn't even be entitled to a refund if you missed the showing. The problem is that the Studios don't view it as "you paid for it" giving you unlimited viewing rights. No, they view it as "you paid for the ability (access) to view it within their viewing window." Just because you missed the "viewing window" is not their problem. They provided the content that you paid for, but if you couldn't watch it on their terms (to which you agree), then you're out of luck.

    --
    My mom always said, "Jim, you're 1 in a million." Given the current population, there are 7000 of me. God help us all!
    1. Re:I can see their point on Pay-per-views... by Cro+Magnon · · Score: 1

      The whole idea of Tivo is to watch WHEN I WANT TO WATCH!!!!!!! If I can't do that, there is no reason to even HAVE a Tivo.

      --
      Slow down, cowboy! It has been 4 hours since you last posted. You must wait another few hours.
    2. Re:I can see their point on Pay-per-views... by jbarr · · Score: 1
      The whole idea of Tivo is to watch WHEN I WANT TO WATCH!!!!!!! If I can't do that, there is no reason to even HAVE a Tivo.
      While I absolutely agree with you 100% (I own a ReplayTV for that very reason) the broadcasters are not obligated in any way to provide that ability.
      --
      My mom always said, "Jim, you're 1 in a million." Given the current population, there are 7000 of me. God help us all!
  43. Pay Per What-now? by hackronym0 · · Score: 1

    Guys, if its pay per view, wouldn't it stay on your Tivo until you VIEW it? and if you watch it again, you pay AGAIN? otherwise they need to think about calling it PAY-PER-LIMITED-TIME-PERIOD-WINDOW or more simply PPLTPW. Jeez...

    --
    This is completely false. This is not a sig.
    1. Re:Pay Per What-now? by Cro+Magnon · · Score: 1

      I could accept THAT limitation. I would NOT accept PPLTPW!

      --
      Slow down, cowboy! It has been 4 hours since you last posted. You must wait another few hours.
  44. It SHOULD be hard... by cbreaker · · Score: 1

    The thing is, it will start with PPV.

    Then, since it "works so well to prevent piracy" (with no numbers to back anything up) they will do it on HBO movies. Then, the'll allow Disney to expire everyone's copy of "Beauty and the Beast" sitting on their PVR's because they are going to re-release it again.

    When you're dealing with a company like TiVO, you're pretty much fucked. They started out as a "This is a fucking awesome device, give me two!" company, but now they're a lot bigger, they have a lot of vested interest from the media companies, and they WILL bow down to them.

    I predict that we'll just start to see more PVR's. TiVO and this other one will just be two of the many. There's really nothing stopping people from making these things. They'll have "Unrestricted PVR's" for sale.

    --
    - It's not the Macs I hate. It's Digg users. -
  45. i guess.. by Anonymous Coward · · Score: 0

    its time to invest in tivo/replaytv backup units then..

  46. Your local utility by Anonymous Coward · · Score: 0

    Seeing all the great features offered with todays recording devices, I wonder when our Cities Utilities catch up? Wouldn't it make sense for them to mandate when each person can take a shit? The time period a toilet may be occupied needs to be limited as well as the number of flushes per sitting. This would certainly make waste water management a lot more efficient and predictable.

    Resisance is futile, the future is coming...

  47. Save Betamax by abrotman · · Score: 1

    Somewhat related

    http://www.savebetamax.org/

  48. Wrong by Anonymous Coward · · Score: 0

    Very wrong.

    The idea is to remove all the BAD memories while keeping some of the good ones. That means one Bob has watched he's sure not to remember any of that bad crap, instead he'll just remember the good moments, and he'll be sure to tell everyone else how awesome an experience it was.

    Ahh heck. If we had the capability to ease memories, why not just PLANT memories in their heads instead?

  49. Fair-Use is out the window by nurb432 · · Score: 1

    For the average joe, they will simply be screwed.. At the mercy of the media giants.. they will choose what you see, when you see it, and how much they feel like bilking you today for it..

    Glad i dont watch much in the way of tv or movies.. so personally i wont miss it.. but the principle is wrong, and should be fought against..

    --
    ---- Booth was a patriot ----
    1. Re:Fair-Use is out the window by anubi · · Score: 2, Insightful
      The problem is is that the media giants have figured out just how much bullshit we will take and dish it out at just that rate.

      They control the access codes and law. We control our wallet. If we were as digilent over the wallet as they are over their control and laws, we would see our viewpoints taken more seriously.

      But, as studied in microeconomics, the reason the big guys get away with it is the "little people" are disorganized and do not provide a unified front as large organizations do. The effort to organize is far greater to the individual than the value of the benefits lost. So the big guys just take. And get off scot-free.

      --
      "Prove all things; hold fast that which is good." [KJV: I Thessalonians 5:21]

  50. Well that stinks. by Alpha_Traveller · · Score: 1

    I can only presume now that because of this "cave in" they'll start feeling yet more pressure from other companies to limit times for their content as well.

    Stupid. This is going to limit our rights and features on one of the best devices known to man in this age of information and bad tv that I can watch anytime.

    --
    "Love is like pi - natural, irrational, and very important." (Lisa Hoffman)
  51. Oh Quit Yer Bitchin'! by JenovaSynthesis · · Score: 2, Insightful

    Previous court rulings have allowed for infinite, private use of recorded things like Pay-Per-View events/movies.

    If you want it *THAT* bad, then go buy yourself a goddamned VCR/DVD-R and dump it to that. The ones who like to hack theirs, send it to PC and save it there or something.

    Inspite of having mammoth HDs andsuch, do you *really* want a huge 2+ hour file recorded at hgh quality just sitting on it for a long period of time? Do you lug your TiVo over to friends' places to do a movie night?

    Better yet, as someone else suggested, go out and pay thr $20 or so an buy the DVD so you get a better copy, the special features, and a copy you can use anywhere.

    --
    Anonymous Cowards generally receive no replies because you're a coward and I'm a bitch :)
  52. Your right, except by nurb432 · · Score: 1

    That the courts have said we do have some fair use rights.. and i dont remember anything about 'time limits' in those proceedings.. ( the old Sony betamax cases )

    Course that could be easily overturned with the funding the media has now, and laws enacted to remove the fair-use concept totally..

    --
    ---- Booth was a patriot ----
  53. Pulleeez by snookerdoodle · · Score: 2, Interesting

    'Sorry to be a contrarian to the "Intellectual Property Is An Oxymoron" crowd, but...

    In this particular instance, I agree with what they're doing - you paid a certain price to watch a movie for a certain period of time. If you want to record it, go buy a copy and record a backup for your own personal use (TM).

    Mark

    1. Re:Pulleeez by JenovaSynthesis · · Score: 1

      Thank you! I do not see anyone here bitching about the time limitation Comcast has on its On Demand stuff.

      --
      Anonymous Cowards generally receive no replies because you're a coward and I'm a bitch :)
    2. Re:Pulleeez by riptide_dot · · Score: 1

      In this particular instance, I agree with what they're doing - you paid a certain price to watch a movie for a certain period of time. If you want to record it, go buy a copy and record a backup for your own personal use (TM).

      I agree that "Pay-per-view" movie fans shouldn't be too surprised that they're not supposed to be able to keep the content indefinately. It's in the name, for pete's sake!

      However, there are further reaching impacts of decisions like this. For example: I record lots of stuff off of PBS for viewing later (they air lots of stuff at hours when I'm asleep), and that stuff isn't available for purchase (at least not in the formats I need). Nova, for example, has a great collection of some really good shows, but because of their lack of budget they don't sell DVDs of the shows. I don't own a VCR, so the only way for me to be able to VIEW their content (let alone archive it) is for me to be able to record it. If I didn't have the option for recording these shows and watching them whenever I feel like it, I'd be missing a lot of good stuff simply because of the difference in my schedule with thier broadcast schedule (and the fact that I don't own a VCR).

      --
      I was in the park the other day wondering why frisbees get bigger and bigger the closer they get - and then it hit me.
    3. Re:Pulleeez by multimed · · Score: 1
      I tend to agree--if I buy a pay per view movie, it's because I don't think the movie is actually good enough to warrant "owning" the DVD. So limited time for pay per views doesn't bother me. BUT you do make a better point than I think you realize when you say, "you paid a certain price to watch a movie for a certain period of time." That's true and fair. But as of right now, that certain price is $3.95 or whatever and that certain period of time is indefinitely. If they want to take away the ability to record and watch it for a shorter period of time than indefinitely, then the price needs to come down. Granted I think the movie industry is a lot further along in terms of giving the comsumer a fair price than the music industry. Think about this:

      A movie is the sum of the work of hundreds of people: actors, writers, directors, musicians, makeup, effects, stunts...I see about 400 people listed in http://imdb.com/ for one of my favorite movies, The Shawshank Redemption. You can buy the DVD for $16.38 at Amazon. The soundtrack of the movie is $14.99. Does the DVD really only offer $1.39 more entertainment value? Or cost roughly only 10% more to make? Of course not.

      --
      Vote Quimby.
    4. Re:Pulleeez by snookerdoodle · · Score: 1

      If I understand correctly, the limitation is currently only to be for PPV. For now, at least, yer free to keep all the Nova's you want. ;-)

      Mark

    5. Re:Pulleeez by Alsee · · Score: 1

      you paid a certain price to watch a movie for a certain period of time

      Errr, No. I paid to have them send me a copy of that movie.

      So long as I do not commit copyright infringment it is none of their business whether I pipe it to my 6-inch handheld, to my 96-inch bigscreen, to my VCR/PVR, or to my damn blender. Recording it is absolutely positively not copyright infringment. Hell, even the Betamax case never even argued that it was infringment. The only Betamax argument was whether that non-infringing use was enough to protect VCR's (which *could* be used to infringe) as a legal and legitimate device.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
  54. Dish Networks DVR by jamonterrell · · Score: 1

    Dish networks, to my surprise, does not limit how long you can keep recorded pay-per-view movies, even though they stand to benefit more directly from such a task than TiVo or ReplayTV.

    --
    I can count to 1023 on my hands. Ask me about #132.
  55. What if copyright expired? by Anonymous Coward · · Score: 0

    What about things that are out of copyright? What if I want to keep my recorded copy of "Wonderful Life" forever, and show it every year during the holidays? The equipment won't let me, even though it is clearly permissible? What if I want to keep that 30-second news bit where one of my relatives was interviewed? As only an excerpt of the program and for non-commercial use, won't that fall under fair use?

    These companies shouldn't cave in to pressure to restrict the functionality of equipment in such a way that it will hinder completely legitimate uses.

  56. Many viewers are missing the point... by TBone · · Score: 1

    Read the article. They're not limiting how many weeks/months/years you can keep Adult Swim - Episode 342, Princess Zelda Gets Naked . These regularions are explicitly targeted at PPV shows.

    PPV television is the only rental outlet where the rentee has no ability to limit the time you have access to the media. Movie stores bill you per time period, places like Netflix bill you per month, services like MovieBeam cycle the movies on and off as they desire.

    Only with PPV television does the renter determine how long they want to "rent" the show for. It's a technological loophole in the whole rental concept, and if the PVR companies can figure out a way to close it up, they should.

    Besides, most PVRs have the ability to dump digital media to something else - tape, DVD-R, whatever. Just like you used to do, if you want to keep the show, move it off onto permanent storage.

    --

    This space for rent. Call 1-800-STEAK4U

    1. Re:Many viewers are missing the point... by Sloppy · · Score: 1
      PPV television is the only rental outlet where the rentee has no ability to limit the time you have access to the media. Movie stores bill you per time period, places like Netflix bill you per month, services like MovieBeam cycle the movies on and off as they desire.

      Only with PPV television does the renter determine how long they want to "rent" the show for. It's a technological loophole in the whole rental concept, and if the PVR companies can figure out a way to close it up, they should.

      PPV isn't rental. It's just emulates the rental business model. Now the people in this business are getting their panties in a bunch because the emulation/analogy isn't perfect. And they blame their problem on the tech reality, instead of blaming the analogy itself.

      You say it's a technological loophole in the concept. I say it's a conceptual hole in someone's understanding of the tech. ;-)

      --
      As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.
  57. Stuff like this lowers overall revenue... by TFoo · · Score: 2, Insightful

    This seems to me like a terrible business decision made short-sighted people who haven't done the proper research into consumer habits... Restrictions like this may appear to increase copyright-holder's revenue, and perhaps even do so in the very short-term, but in the long-term these kinds of restrictions REDUCE the revenue they make.

    Or, to say it another way, less restrictive copy controls actually INCREASE the amount of money made on a property, so long as the expense is primarily discretionary.

    Remember, I can entertain myself in many other ways aside from TV/Movie -- and so the convienence factor is a primary purchasing decision. If the _perceived_ value of the purchase is low: because of price, annoying rules, etc -- then I will go and spend my money somewhere else.

    PPV is a perfect example of this... Up until last year, I was _never_ interested in PPV: why spend as much money as a rental, and not be able to pause for the bathroom, get interrupted, whatever. I occasionally rented movies: but renting is a pain, I have to go to the store, then I have to remember to return it (which I often don't) etc. As a result, I only rented movies when I was ready to have "a movie night" --and as a result rented movies once a month or less: 2 movie rentals/month.

    Last year, I got the DirecTivo. DirecTivo with PPV is great: Every once in a while I go onto the PPV lists and pick a few movies I might want to watch, the Tivo records them and they're waiting. I find that I watch a lot more good movies this way: since anytime I want to chill for an hour I can just pop on a good movie (or the end of one I was interrupted watching). Using PPV like this, I buy probably 5-6 movies a month.

    What's the downside to the movie studios here? The average person does not watch even a purchased DVD more than once or twice -- does the movie industry really think I'm gonna keep it stored on my Tivo for 2 years and watch it so many times that I will stop buying other movies? ...Is this really that complicated to understand? By relaxing the rules, they've convinced me to SPEND MORE MONEY.

    Oh well, I guess I'll just stop buying PPV when this happens -- just like Copy-Protected CDs and the various other inconvienent drm formats that i've ignored...

  58. What's it's really erosion of... by dentar · · Score: 1

    their share of the PVR market.

    Hellooooo homebrew!!

    --
    -- I am. Therefore, I think!
  59. natural rights by Anonymous Coward · · Score: 0

    In your world, you think ihat a company radiating entertainment through the air over hundreds of square miles, with the intention that people should watch it, should be able to dictate whether someone can watch it privately later, rather than immediately. But you think it's preposterous that a feudal English lord, who actually owned the land his peasants were on, should be able to dictate the working conditions? You have some twisted idea of "natural right" when it comes to copyright, but you acknowledge it falls apart when you look at property more generally. And in any event, leaders like Thomas Jefferson didn't put the copyright and patent clause in the constitution on account of natural rights, they put it in there for economic purposes, to promote the progress of science and the useful arts. So why the fuck do you think your twisted Fox News / Pat Buchanan school of thought should apply to me?

    1. Re:natural rights by Anonymous Coward · · Score: 0
      PPV movies are not being broadcast so anyone with a TV can grab it and view it.

      Crawl back into your liberal socialist hole Kerry lover.

  60. thank god by Anonymous Coward · · Score: 0

    Thanks for putting people straight. I swear, most of the people who post don't have two brain cells to rub together. Either that, or their legal education comes from Rush Limbaugh or Fox News.
    This place is getting worse than fark.com.

  61. So what by cubicledrone · · Score: 1

    Television sucks.

    --
    Business isn't willing to pay for products, innovation and careers, so we get brands, mortgage commercials and layoffs.
  62. reasoning by false analogy by Anonymous Coward · · Score: 0

    if you can't defend your position, don't analogize it to something completely different.

  63. Preserving the hierarchy of business by hellfire · · Score: 2, Insightful

    I've seen some very clever posts on this board about the applications of TiVo and ReplayTV to change the industry, some things I didn't even think of before.

    The problem is, however, is that the bigger the industry, the less change is appreciated.

    For example, someone said that with TiVo, prime time will go away and you can schedule your show any time and it will get picked up by one of these recorders. The problem with that is that then there is no longer a need for the executives who run prime time. Their niche is threatened. Plus without prime time pricing, advertising rates fall for those hours.

    And then, if you can fast forward past commercials, rates fall even faster.

    If you can't control the distribution of a movie, there is rarely a need for all the producers and execs responsible for filming and funding movies. The artist makes it, and then distributes it via their chosen medium. The pictures are high budget so they have to make sure money flows in a specific direction. Much of that money has to flow into the pockets of those execs.

    I keep wanting to point out about failures in capitalism, until I realize that this isn't capitalism! Capitalism requires competition and, like so many industries in the US involving media and services, there is so little competition to actually be capitalism. We just conveniently forgot about that chapter Adam Smith wrote about when it comes to media.

    --

    "All great wisdom is contained in .signature files"

    1. Re:Preserving the hierarchy of business by Alsee · · Score: 1

      Plus without prime time pricing, advertising rates fall for those hours.

      Huh? The ability for people to time shift increases viewership of both the most popular programs and of odd-ball programs normally relegated to off-hours.

      It does reduce the link between "hours" and "the most popular programming", but it was always the programming ratings and audience that advertizers wanted, not specific "hours" they happened to air.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
  64. fortunately you're right by Anonymous Coward · · Score: 0

    the law is on your side.

  65. Getting the technology covered by DMCA by dfl · · Score: 1
    I think I know what the PPV folks are thinking. There are legal advantages to having your content-delivery system include "a technological measure that effectively controls access" to the work. The DMCA bars trafficing in tools that circumvent such "effective" measures. So, the more the PPV folks can get such measures in place, the stronger legal position they have to go against anyone who "circumvents" -- that is, ignores -- these measures.

    In 2000, Realnetworks sucessfully sued Streambox under the DMCA to prevent the latter from distributing their product that circumvented (ignored) Real's copy control system.

    Don't you think that the PPV folks must be envious of that result?

  66. it doesn't stink of collusion... by lost+sheep · · Score: 3, Insightful

    it is collusion! normally collusion has to do with prices (and sometimes sales territory) rather than features such as this.
    But think of this like an economist: reducing features and charging the same price is essentially the same thing as raising the price (go with me on this one). If two companies agree to limit functionality and maintain their prices (or agree to similar prices, or even simply agree on price) then that really is price collusion.

    Think about this: Ford and GM executives at one point never even spoke to each other for fear of collusion accusations!

    --
    -=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Lost Sheep to Shepard, you got your ears on?
    1. Re:it doesn't stink of collusion... by Alsee · · Score: 1

      If two companies agree to limit functionality and maintain their prices (or agree to similar prices, or even simply agree on price) then that really is price collusion.

      I was going to say that equates to "price" only when the relevant functionality increases the cost of the product, however in this case the MPAA does indeed impose increase "costs" for providing this functionality through frivilous and abusive lawsuits.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
  67. I get the impression... by enrico_suave · · Score: 1

    That these latest string of announcements are more about creating buzz for the benefit of stockholders than necessarily products/service that we'll see come to the light of day...

    My prediction? One or the other company won't be around to do it's end of the bargain... that is unless M$ swoops in for it's own nefarious media platform purposes...

    but that's just me =)

    e.

    --
    Build Your Own PVR/HTPC news, reviews, &
  68. pussys by t_allardyce · · Score: 1

    Fortunately the crackers/hackers and build-your-own camp don't agree.. as far as im concerned, if its in my house, i record what i like, get the fuck off my land.

    --
    This comment does not represent the views or opinions of the user.
  69. Canabalize the DVD industry? by doormat · · Score: 1

    The movie groups dont want people paying $4 for a PPV, then saving it on their Tivo forever, and being able to watch the movie whenever. It makes sense to me, someone who doesnt want all the extras or stuff could save the PPV on their tivo forever (as long as the tivo works). Especially with hacks and upgrades that can allow Tivo to have 500+ hours of recordable space, its just the industry trying to keep broadcasts from turning into a library. They want to be able to sell it to you twice (once at the movie theater or on a PPV as a broadcast, then sell you the DVD for your library). I dont know if its "nice" of them to try and sell the same thing (the experience of the movie) twice through different means, that I havent figured out.

    --
    The Doormat

    If you're not outraged, then you're not paying attention.
  70. RTFA by Wesley+Felter · · Score: 1

    Your argument is interesting... too bad it has nothing to do with the article, which is about cable/sat pay-per-view.

  71. Porn.. by sadr · · Score: 4, Insightful

    Actually, I'll bet Porn is driving this.

    The price of Porn on PPV is significantly higher than regular movies. According to some friends in the business, the entire PPV business model is based around porn. There's no way they can make a profit based on the random "Let the kids watch some movie they've probably already seen". They just have to offer non-adult programming to make it acceptable to the community.

    Since many people are embarrased to buy Porn, even via mail order, they certainly won't go rent it at the local video store. So they use PPV.

    By expiring it, they guarantee a revenue stream, compared to letting the viewer record a few dozen shows and repeatedly viewing them.

    No mystery here. Move along.

    1. Re:Porn.. by base3 · · Score: 2, Interesting
      Since many people are embarrased to buy Porn, even via mail order, they certainly won't go rent it at the local video store. So they use PPV.

      Where instead of having the details of their perversions held at a local store, they can enjoy the false anonymity of not having to leave home to indulge them and have their taste for scat fetish bestiality S&M videos entered in a nationwide database with every rewind noted for future reference. Brilliant.

      --
      One CPU cycle wasted on digital restrictions management is ONE TOO MANY.
  72. ok, it's time for a "IANAL" rant... by atheken · · Score: 2, Interesting

    1) Pay-per-view is just that, Pey PER View, PVRs were not concieved with the notion of allowing you to permanently archive TV/Movies - you don't rent a movie from blockbuster and expect to retain a copy of the movie when you go to return it, do you? VCRs weren't even designed with this in mind, hence the Betamax decision. 2) Along the lines of archiving video, the rulings which make TiVo and the like possible basically because it is for time-shifting, this is not the same as PERMANENT archiving. 3) TV stations make money by selling advertisement, they don't make money by paying for broadcast rights. This is their reason for skipping commercials plain and simple. Making information free costs money, are you going to pay for it?

    1. Re:ok, it's time for a "IANAL" rant... by Anonymous Coward · · Score: 0

      Wrong. I do rent movies and simultaneously expect to be able to archive permanent copies of them. Part of what I am purchasing with my rental fee is the ability to copy the movies I rent. The ability to make a copy forms a HUGE part of my enjoyment of the movie. PS, IAAL, and I see nothing wrong with doing it myself. caveat caveat your country might vary, your mileage might vary yada yada

      PS, who cares what the companies CALL a mechanism for viewing? They can call cable TV "macaroni," but that doesn't suddenly transform it into a pasta product. Same thing with "pay per view." Maybe that's what they think they're selling, but that is definitely not what I think I am buying. And, you know what? Ultimately, in the end, I decide. The customer is ALWAYS right.

    2. Re:ok, it's time for a "IANAL" rant... by atheken · · Score: 1

      Thank you AC, in the US, copying a movie you do not own some rights to IS illegal. I made the assumption that we'd be talking about the US, sorry for the ethnocentrism. Incidentally, your comment about TV is to "macaroni" as Pay-per-view is to single-view movies is a logical falsehood. At any rate, if you are in the US, YOU are not a very good laywer, if you _are_ a lawyer at all. I suppose a lawyer SHOULD have the belief belief in the law system which they have studied, a lawyer who systematically ignores law should be disbarred.

      I don't agree that $15+ a movie is a good value, but I do believe the industry should make money for their ventures, and more revenues ensure at least a broad selection of new movies, both GOOD and bad.

  73. Bad Precedent by BlueTooth · · Score: 1

    Doesn't this imply that when you order PPV content that you are actually buying a time limited liscence to view that content? Isn't this a "new" restriction that wasn't there before?

    --
    SPAM
  74. pr0n by Anonymous Coward · · Score: 0

    Here's the typical outcome of TiVo and Replay's concessions:

    Wife: Honey, you better jerk off quick, Jenna's about to be deleted!

    Husband: Thanks dear!

  75. usage rights and... Re:The Divx Road by swschrad · · Score: 2, Interesting

    what are your usage rights with a TiVO? what they want you to have. it's a locked technology with asterisks all over, licensed, and tightly bound. you have the right to watch something that they allow you to watch.

    on a "purchased video," which really is a purchased piece of media with a little licensed artwork on the label and case and a licensed video production embedded in its code, you have a limited right of personal viewing without any rights for re-release or commercial or non-profit showing to groups. some laws appear to create the right to make a backup copy, and there has been some litigation over this. there is no explicit right to watch it over and over and over again in perpetuity, but an implicit right that as long as it holds up, you could watch the thing as often and as repetively as you personally want for personal enjoyment.

    it looks like any other distribution method is trying to renege on the implicit right to review the work any time, any number of times.

    so let the marketplace vote. the standard DVD and CD are just fine as they are for me, and if they do some sort of retro-fsckup in new players, I also have several 16mm projectors, and I will go back to a different analog technology if I have to make some sort of pissy personal point about how many times I can watch an old 16mm print bought off eBay or at a garage sale.

    I personally think as the limited and locked parts of the story become clear, the limited and locked methods of distribution will crap out like DiVX-original (there is a digital stream out there called "divx" now, probably just to piss off the moneygrubbers at circuit city who were big into the "dies next month" project.

    --
    if this is supposed to be a new economy, how come they still want my old fashioned money?
  76. Just another reason to DIY by Nom+du+Keyboard · · Score: 1
    agreed to limit how long consumers can keep pay-for-view movies stored

    Just another reason to build your own.

    So what is the current best open source PVR software?

    --
    "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
  77. LINKS!!! PLACE THEM HERE! by Anonymous Coward · · Score: 0
    Take control, this is yet another reason to dump TV entirely and download what you want to watch.

    Please reply with links people! Links to good web sites that have Bit Torrent links for shows! Thank you and enjoy the show.

  78. Actually... by ElForesto · · Score: 1

    If you send them a written letter, that carries a lot of weight. Get your friends to do it too. I've heard that each written letter is counted as representing from 10 to 20 other people that didn't bother to write.

    --
    There is a difference between "insightful" and "inciteful" other than spelling.
  79. Re:PPV Pr0n. - Anything New by Nom+du+Keyboard · · Score: 1
    I can watch 24 hours a day, seven days a week (and sometimes, I DO!).

    And have you actually seen anything new or different on it any time after the first three months?

    --
    "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
  80. Re:What they're trying to prevent...But what about by Nom+du+Keyboard · · Score: 1
    TiVo really doesn't have the legally established right to have a "Save Until I Delete" feature

    How about at least a "Save Until I Watch" feature?

    --
    "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
  81. Re:Canabalize the DVD industry? Hidden Costs!!! by Nom+du+Keyboard · · Score: 2, Insightful
    The movie groups dont want people paying $4 for a PPV, then saving it on their Tivo forever

    It doesn't just cost your $4 to save it on your Tivo forever. It's $4 + % of Tivo capacity used * Total Tivo cost.

    At some point, just buying the DVD is more economic.

    --
    "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
  82. TiVo by blfer · · Score: 1

    Time to switch to Myth TV!!!

  83. Arrrrrgh!!! by cwsulliv · · Score: 1

    I bought a new, fast PC with a big hard drive.
    I bought a PVR card.
    I spent several hours getting the PVR drivers installed.
    I spent several more hours getting MythTV installed

    Wow, it works!.

    But I forgot - there's very little on TV I have any interest in watching, much less recording. :-(

  84. "fair use" verses what the words mean by hytmal · · Score: 1

    the person that typed up this little abstract (as well as a whole lot of the /. crowd) is really starting to bug me, throwing around the term "fair use". Fair use has to do with doing whatever you want with something you own, implying that owning something gives you permission to do whatever you want with it, within some limits (with this, i wholeheartedly agree). however, there is no violation of your fair use rights when someone makes a device that can do less than you want it to; in this case, they are just trying to protect the copyright holders. On a related note, I think the whole FairPlay/PlayFair thing is kind of ridiculous; when you bought the song (or started using iTunes), you agreed not to circumvent the DRM, which of course many people who use this software are violating, citing that "hey i bought it, i can do whatever i want with it". Just because you can doesnt mean you should -- i agree that the government really shouldnt be stepping into matters like this (and abortion), but while they are, why not just follow the law, and speak out against it, instead of being hypocritical. -- hytmal

  85. Hi, my name is Joe, and I'm a User. by sulli · · Score: 1
    I'm sure I could figure it out. But the documentation is so confusing and nonintuitive, with so many cross references, that I'd rather not go to the trouble. That's the problem.

    I will check out the Knoppix thing, that might be what I need. But then I will need to go build a MythTV capable PC. Why doesn't someone (hello ThinkGeek!) sell one in a nice A/V form-factor with MythTV pre-installed and pre-tested? I for one would gladly pay $50-$100 extra to avoid the hassle of building it all by hand.

    --

    sulli
    RTFJ.
    1. Re:Hi, my name is Joe, and I'm a User. by atriusofbricia · · Score: 1

      Hmmm... now that is an interesting idea. I'll have to think about it. It is within my business area. I didn't find Gentoo's docs to be confusing... but then again I'm already a Linux user. Knoppix is really nice. :)

      --
      I was raised on the command line, bitch

      "Nemo me impune lacesset"

    2. Re:Hi, my name is Joe, and I'm a User. by Naffer · · Score: 1

      You know, I've been a linux user exactly two weeks. The first linux install I ever did was gentoo, step by step out of the handbook. I'm not sure I even know how, but I now have a working gentoo server. Gentoo isn't impossible to install, but it sure is confusing!

    3. Re:Hi, my name is Joe, and I'm a User. by atriusofbricia · · Score: 1
      Congrats! :) Welcome to the community. Yes, it can be confusing, but it can be done. I imagine the confusion probably arises from the differences between OSes and possibly from the assumptions made by the people writing the Docs. But, gentoo has some of the best documentation there is. And certainly the best community. The people on irc.freenode.org in the #gentoo channel cannot be beat. They are friendly and helpful. I don't think I've ever seen anyone there say RTFM. Maybe a suggestion to check google for something, but that's not the same thing. And if you don't understand what google said about it, you can ask them and they are happy to answer.

      I wish you good luck in your Linux experience. :)

      --
      I was raised on the command line, bitch

      "Nemo me impune lacesset"

    4. Re:Hi, my name is Joe, and I'm a User. by Naffer · · Score: 1

      I've been absolutly astounded by the amount of help I can find with my problems. I accidentally unmerged something really important today, but it took me less then 2 minutes to find a thread where someone had done the exact same thing. As for the confusion, the biggest issue is that some things are just done completely differently. Mounted drives are connected to folders, not having extensions, using tons of plaintext config files... hell, compiling my own programs is weird too. I install programs with no idea where the files are even being put!
      Besides all that though, it's been a pretty good learning experiance. I've got an FTP, Identd, SSH, and HTML server already running and I add things as I see the need.

    5. Re:Hi, my name is Joe, and I'm a User. by atriusofbricia · · Score: 1

      Where things were kept was probably my biggest issue when I first started to. If you want you can check here for more information on where everything is kept. It's long and dry, but you'll learn a lot. There is also this which is the migration guide the Germans paid for. If you ever just need a question answered and can't find anyone, feel free to send me a message through here. Again, good luck and have fun. :)

      --
      I was raised on the command line, bitch

      "Nemo me impune lacesset"

  86. Re:LINKS!!! PLACE THEM HERE! by Zen+Punk · · Score: 1
    SuprNova.org.

    What else do you need?

    --
    Sleep is futile.
  87. Pfft. by lucason · · Score: 1

    What me worry... I don't realy mind the quality loss between digital and analog. SO I just hook up everything to my capturecard.

    Let them build all the DRM and copy protection they want.

    As long as I can see it or hear it, I WILL be able to record it and keep it.... For as long as I frigging WANT!

    P.S. And that goes double music.

  88. What's the problem? by base3 · · Score: 3, Funny

    So long as I get to keep the PPV movies for "limited times" as defined by the Supreme Court "justices" that upheld the CTEA, I'm fine with it.

    --
    One CPU cycle wasted on digital restrictions management is ONE TOO MANY.
    1. Re:What's the problem? by harvey+the+nerd · · Score: 1

      as long as "limited times" are same as constitution's limited times - "by securing for limited times to authors and inventors" say 90-200 yrs!

  89. They Get What They Deserve by ZorbaTHut · · Score: 1

    I recently got a much higher-paying job. I've been planning to get a nice big HDTV and a Tivo.

    Guess I won't be doing that anymore.

    Watch their sales drop . . .

    --
    Breaking Into the Industry - A development log about starting a game studio.
  90. and in the future... by Anonymous Coward · · Score: 2, Funny

    If the memory erasing device featured in Men in Black was ever invented, I can see the MPAA standing outside every movie theater in America flashing the audience as they depart.
    "Sorry, you have no rights to remember any portion of this movie. Your brain is in violation of international copyrights."

  91. Tivo - PerVeRted by harvey+the+nerd · · Score: 1

    I think additional restrictions (time, resale, long term crypto control) on copyrighted content are pure bs. Either choose total private contract enforcement not copyright infringement or follow 300+ yrs of copyright evolution to get goverment priviledge. Also fair use - how do I clip and keep 5-10% for political comment, criticism etc? Screw Tivo, my son or other teen will build my next computer as an PVR.

  92. Simple solution by Anonymous Coward · · Score: 0

    Just buy a DVD recorder !!!

  93. Patents create a duopoly by tepples · · Score: 1

    IF the two companies were the ONLY providers of PVRs, than you could be right

    Patents tend toward that very outcome.

    1. Re:Patents create a duopoly by Noksagt · · Score: 1

      Excellent point. This supports the notion that some companies would be able to slash consumer rights. I don't think that is the case here: TiVo and Replay have both been burned by patent lawsuits, and the PVRs provided by the Dish Network and cable companies are apparently more used than either TiVo or Replay. So perhaps patents that are fiercely defended lead to the negative outcome--by establishing the virtual monopoly that I described in the grandparent post.

  94. For the Microsoft fans by Anonymous Coward · · Score: 0

    http://www.jdonavan.net/myth/screens/mythphone1.jp g

    Just for the MS Trolls who keep saying there is no innnovation is OSS.

  95. Even IF it were acceptible in principle... by Presence1 · · Score: 1

    ...the low limits are absurd.

    I might accept that the owners have a valid interest in offering an actual limited time rental. However, limiting viewing to within 24 hours of starting, or to only a week to view it at all, is too absurdly small to get my business.

    Some of us acutally have things to do other than watching the tube. I'll frequently take a whole week to watch a show my ReplayTV recorded, and most shows are just dumped from the buffer unwatched. This is OK for free, but not if I pay!

    As usual, the principle could be workable, but they cannot be trusted to be reasonable.

    Oh, well... I'm having way too much fun living life to bother playing their stupid games...

  96. Re:LINKS!!! PLACE THEM HERE! by Surye · · Score: 1

    http://tvt.milfclan.com/ Little more to the specific topic. And not so bloody slow and unstable.

  97. i will say one thing... by m2bord · · Score: 1

    you cannot find the term "fair use" codified anywhere in US Code or statute. the idea of fair use is based on a premise that had long been held before the advent of digitial technology. it harkens back to a time when you owned an LP or a cassette tape and that tape or album would wear out, be stolen, or break and you had to fork out the cash to buy a replacement. well..since we can now make almost perfect digital copies at home and share them almost endlessly, the industry has managed to get the congress on board in wiping out that long held notion of fair use. i don't like the way it's heading but no one can deny that this is indeed the course our country has taken.

    --
    Is it 5:30 yet?
  98. Conspiracy in restraint of trade? by Animats · · Score: 1
    OK, here we have two competing firms agreeing to do something disadvantageous to their customers. Let's go to the US Code. 15 USC 1:
    • Section 1. Trusts, etc., in restraint of trade illegal; penalty

      Every contract, combination in the form of trust or otherwise, or conspiracy, in restraint of trade or commerce among the several States, or with foreign nations, is declared to be illegal. Every person who shall make any contract or engage in any combination or conspiracy hereby declared to be illegal shall be deemed guilty of a felony, and, on conviction thereof, shall be punished by fine not exceeding $10,000,000 if a corporation, or, if any other person, $350,000, or by imprisonment not exceeding three years, or by both said punishments, in the discretion of the court.

    What part of "restraint of trade" didn't they understand?

    Take a look at the FTC Guidelines on horizontal agreements among competitors. There's a good chance that the FTC could challenge this. Even under the Bush Administration, the FTC regularly takes antitrust enforcement actions.

    1. Re:Conspiracy in restraint of trade? by SuiteSisterMary · · Score: 1

      "Lets see. If somebody wants to buy a permanant copy of movie X, they can pay, say, $20. If they want to watch it once, in the comfort of their own homes, they can pay $5. Using our product, they can keep that movie, in theory, for ever, thusly getting something that they specfically paid less to forego."

      "Now, should we deal with this ourselves, or wait for the gov't to step in and lay a smackdown that makes things even worse? Hmmmm."

      --
      Vintage computer games and RPG books available. Email me if you're interested.
  99. dvd-burner tivos by unborracho · · Score: 1

    i guess the users that bought the tivo's with the dvd-burner don't really have to give a flying hoot.

    --
    "You had this look that of an angel, it was such a bad disguise" --Dishwalla
  100. It's fun to violate D-M-C-A by tepples · · Score: 1

    However the Fair Use section of copyright law is written exactly the opposite [of prohibiting everything]

    Just because 17 USC 107 gives the courts a lot of leeway doesn't make 17 USC 1201 any less strictly prohibitive. It appears thst the MPAA sees offering performances of audiovisual works by pay-per-view transmission only at specific times as a copyright owner's right, and any device capable of time-shifting PPV more than the studio allows would qualify as a circumvention device under the DMCA.

    1. Re:It's fun to violate D-M-C-A by Alsee · · Score: 1

      I was about to rant on the DMCA, but then a striking realization hit me! The DMCA doesn't appear to even be relevant to the current discussion, even if you attempt to classify the PPV system as an access control system.

      The DMCA was explicitly crafted NEVER to kick in in relation to copying or copy controls, only access. I don't recall the exact nature of the conflict, but in drafting the bill they realized that the DMCA would trip up if it ever attempted to address copying controls or acts of copying.

      Any recording device doesn't kick in until after you have been granted access, there is no circumvention involved. A subtle distinction, but I believe and accurate one. The DMCA no more applies here than it applies when you make a raw copy of an encrypted DVD.

      17 USC 107 gives the courts a lot of leeway

      No, it does not "give" the courts anything.

      The ONLY thing 107 really says is that fair use is not infringment, that all of copyright law willingly flees wherever fair use treads.

      Everything else is examples of what might be fair use, examples of considerations (considerations which may even have zero weight compared to other non-listed considerations). Oh, and it says "unpublished" status does not preclude fair use. If you think it says anything more then you need to look more carefully. You will find there really is nothing more in 107.

      107 was passed into law in 1976. "Fair use" never appeared anywhere in copyright before then, but it had already existed for nearly 200 years prior. If you check the congressional record (I can dig up the link if you like), 107 was explicitly intended to change nothing, to grant nothing, to restrict nothing. It was merely intended to document the existing state of fair use. It was intended to be purely non-functional, purely reflective of the status quo.

      In passing 107 congress had no desire to expand fair use. In passing 107 congress could not "grant" the courts the power to do what they already had the power to do. In passing 107 congress was incapable of restricting or revoking fair use because fair use was created by the courts themselves to rescue copyright law from being struck down wholesale as unconstitutional and invalid. Fair use had been established from the very start on constitutional grounds. Any attempt to restrict/revoke fair use could only either fail on constitutional grounds, or succeed and trigger the invalidation of copyright itself on constitutional grounds.

      If congress passed a bill today repealing 107, nothing would change. Copyright would be unaltered, fair use would be unaltered.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
  101. Catch-22 by Anonymous Coward · · Score: 0

    When you break the law you just give the **AA's an excuse to become even more draconian and you ruin it for the rest of us.

    They don't need excuses, they have money to do the talking for them.

    Sadly, probably the only way to illustrate what we give up with this intellectual property regime involves breaking the law to show people what they're missing. Which prevents more people from seeing and not just hearing about the harm. A Catch-22, I'm afraid...

  102. If... by Kjella · · Score: 1

    ...there was economic incentive to provide fair-use rights, you wouldn't need a law - the free marked would make it happen. Copyright prevents a free market (by making the copyright holder a monopolist of his work), which is why we have laws to prevent the consumer from getting shafted. People in general won't stop buying content because it is restricted - your personal loss is greater than the copyright holder's.

    Kjella

    --
    Live today, because you never know what tomorrow brings