Comments on: Second Circuit rules remote storage DVR is legal! http://theutubeblog.com/2008/08/05/second-circuit-rules-remote-storage-dvr-is-legal/ an unofficial blog on YouTube + the video file sharing industry Sat, 24 Oct 2009 03:12:13 +0000 http://wordpress.com/ hourly 1 By: John Feeney http://theutubeblog.com/2008/08/05/second-circuit-rules-remote-storage-dvr-is-legal/#comment-82900 John Feeney Thu, 07 Aug 2008 15:23:43 +0000 http://utubeblog.wordpress.com/?p=1279#comment-82900 nancyprager: Thank you for clearing that up and setting me straight... nancyprager:

Thank you for clearing that up and setting me straight…

]]> By: nancyprager http://theutubeblog.com/2008/08/05/second-circuit-rules-remote-storage-dvr-is-legal/#comment-82824 nancyprager Wed, 06 Aug 2008 15:35:06 +0000 http://utubeblog.wordpress.com/?p=1279#comment-82824 Fair use was not an issue in this case. The claim was for direct infringement by a commercial party (one element of fair use is that the use must not be commercial). The court noted that the plaintiffs did not pursue a contributory infringement claim. That is, the role of the consumer (the end user) was not at at issue. Had a contributory infringement claim been made the court would have had to consider whether or not the consumer's use of the content was infringing, or whether fair use applied. Nancy Fair use was not an issue in this case. The claim was for direct infringement by a commercial party (one element of fair use is that the use must not be commercial). The court noted that the plaintiffs did not pursue a contributory infringement claim. That is, the role of the consumer (the end user) was not at at issue. Had a contributory infringement claim been made the court would have had to consider whether or not the consumer’s use of the content was infringing, or whether fair use applied.

Nancy

]]> By: John Feeney http://theutubeblog.com/2008/08/05/second-circuit-rules-remote-storage-dvr-is-legal/#comment-82785 John Feeney Tue, 05 Aug 2008 15:33:08 +0000 http://utubeblog.wordpress.com/?p=1279#comment-82785 Here come the Pirates, selling/trading an monetizing libraries of content all under the flag of Fair Use. Here come the Pirates, selling/trading an monetizing libraries of content all under the flag of Fair Use.

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