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Old 01-03-06, 03:29 PM
  #26  
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Originally Posted by rw2516
Wouldn't suprise me if there is a dividing line in the legality somewhere between analog and digital recording.
From the classes I've taken and from what I've read, as long as you are recording from an analog source, it's ok to do. It's if you are able to make digital copies that problems arise, like trying to copy DVD to DVD

BobDole, archiving is legal for libraries and other public institutions as long as they follow certain guidelines. That's the only place where I've heard archiving ever brought up.

As far as keeping shows, unlike dvds you have a copy from an analog source and not a digital one. Unless you are using it for personal use it should be fine.

I think the best thing to do would be to shoot the eff.org an email and ask them.
Old 01-03-06, 05:17 PM
  #27  
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Originally Posted by chemosh6969
From the classes I've taken and from what I've read, as long as you are recording from an analog source, it's ok to do. It's if you are able to make digital copies that problems arise, like trying to copy DVD to DVD

BobDole, archiving is legal for libraries and other public institutions as long as they follow certain guidelines. That's the only place where I've heard archiving ever brought up.

As far as keeping shows, unlike dvds you have a copy from an analog source and not a digital one. Unless you are using it for personal use it should be fine.

I think the best thing to do would be to shoot the eff.org an email and ask them.
The distinction between analog/digital doesn't apply to the fair use analysis. Of course, digital copies and the technologies and methods used to make them may violate the DMCA, but the issue isn't fair use.

I spoke with a former IP and Internet Law professor of mine this morning, and she confirmed that there is no statute or case that extends fair use to archiving or librarying (as the Sup. Ct. in Sony called it). Recent dicta from the 7th Cir. in Aimster indicates that librarying/archiving is clearly violative of the Copyright Act. The trouble with this issue is that the infringment occurs at the consumer level, and these cases (if brought in the first place) would likely never be the subject of a published opinion. My professor said (and I agree with her 100%) that a copyright holder would likely have little trouble making a case for infringment against a consumer who used a dvd recorder for archiving/librarying.

Here is the text from Aimster I mentioned above (discussing Sony v. Universal):

"Sony's Betamax video recorder was used for three principal purposes, as Sony was well aware (a fourth, playing home movies, involved no copying). The first, which the majority opinion emphasized, was time shifting, that is, recording a television program that was being shown at a time inconvenient for the owner of the Betamax for later watching at a convenient time. The second was 'library building,' that is, making copies of programs to retain permanently. The third was skipping commercials by taping a program before watching it and then, while watching the tape, using the fast-forward button on the recorder to skip over the commercials. The first use the Court held was a fair use (and hence not infringing) because it enlarged the audience for the program. The copying involved in the second and third uses was unquestionably infringing to the extent that the programs copied were under copyright and the taping of them was not authorized."
Old 01-03-06, 06:29 PM
  #28  
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That pretty much settles it. The fast forwarding infringement is suprising. I assume it rests with intent. The only reason you recorded the show was to skip the commercials.
I'm still curious about home movies that contain copyrighted material. Songs being played in the background of weddings, receptions, parties, proms, etc. are definately copyrighted so all of these home movies would be infringements.
Old 01-03-06, 06:36 PM
  #29  
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Originally Posted by BobDole42
The distinction between analog/digital doesn't apply to the fair use analysis. Of course, digital copies and the technologies and methods used to make them may violate the DMCA, but the issue isn't fair use.

I spoke with a former IP and Internet Law professor of mine this morning, and she confirmed that there is no statute or case that extends fair use to archiving or librarying (as the Sup. Ct. in Sony called it). Recent dicta from the 7th Cir. in Aimster indicates that librarying/archiving is clearly violative of the Copyright Act. The trouble with this issue is that the infringment occurs at the consumer level, and these cases (if brought in the first place) would likely never be the subject of a published opinion. My professor said (and I agree with her 100%) that a copyright holder would likely have little trouble making a case for infringment against a consumer who used a dvd recorder for archiving/librarying.

Here is the text from Aimster I mentioned above (discussing Sony v. Universal):

"Sony's Betamax video recorder was used for three principal purposes, as Sony was well aware (a fourth, playing home movies, involved no copying). The first, which the majority opinion emphasized, was time shifting, that is, recording a television program that was being shown at a time inconvenient for the owner of the Betamax for later watching at a convenient time. The second was 'library building,' that is, making copies of programs to retain permanently. The third was skipping commercials by taping a program before watching it and then, while watching the tape, using the fast-forward button on the recorder to skip over the commercials. The first use the Court held was a fair use (and hence not infringing) because it enlarged the audience for the program. The copying involved in the second and third uses was unquestionably infringing to the extent that the programs copied were under copyright and the taping of them was not authorized."
Works for me. I've been sick and all this thinking has been blowing my mind up.

Wag, here is the recorder I bought that has a 160GB HDD and a firewire connection that I'd like to try and see if it works with my cable box.

There is also a good forum on the recorders and people have upgraded the HDD and DVD recorder drives so if you like to mod stuff, then this is a good kind to get.

http://ccgi.mgillespie.plus.com/liteon/smf/index.php

http://www.costco.com/Browse/Product...v=&browse=&s=1

Record up to 198 hours of programming in the latest formats with this feature-packed DVD recorder. Record, playback and edit your favorite DVDs, CDs and JPEGS to your personal specifications. Numerous open connections allow you to add this unit into your home theater system with ease.

Features:
* HDD & DVD Recorder
* Recording capability: DVD+VR/VCD/SVCD/CD-DA
* Playback capability: DVD Video, DVD+R/RW, DVD-R/RW, CD Audio, VCD/SVCD, CD-R/RW, MP3/WMA/WAV, JPEG/BMP, VOB/MPG/DAT and Hard Disk Drive
* Recordable media: Hard Disk Drive (Built-in 160GB), DVD+R/RW, DVD-R/RW, CD-R/RW
* Audio recording format: MPEG2 (Dolby Digital 2 Channel), MPEG1 (Dolby Digital or MPEG Layer 3), CD-DA (44.1KHz)
* TV format: NTSC-M, PAL-B/G, PAL-D/K, PAL-I/I, or SECAM-L/L
* TV sound: Main (Stereo/Mono) SAP
* One touch record (OTR) 30-minute interval)
* Automatically/Manually insert chapter
* Title editing (Rename, Erase, Protect, Overwrite, Split, Merge)
* Chapter editing (Insert, Remove, Hide, Show)
* Channel editing (Move up/down, Insert, Swap, Decorder on/off)
* Set Thumbnail
* Easy Guider 2
* Time Shift
* High speed copy from HDD to DVD
* DV control
* Fast forward/Reverse
* Slow motion
* Zoom
* Step forward
* Next/Previous (Title/Chapter/Track)
* A-B repeat
* Repeat
* Time search
* Time display
* Album and track selection
* Album and picture selection
* Remote control included
* Dimensions: 17W x 2.6H x 12.5D

Front Connections:
* Video input: Cinch
* Audio L/R: Cinch
* DV input: IEEE-1394 4-pin

Rear Connections:
* Video output: Cinch
* Audio L/R output: Cinch
* Component video output: Cinch
* Progressive scan output: 576p
* SCART out: CVBS/S-Video/RBG out
* SCART in: CVBS/RGB in, Decorder
* Digital audio output: Coaxial /Optical
Old 01-10-06, 12:21 PM
  #30  
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Wtf???

OK now, I'm totally confused? I thought making "back up copies" of DVD's or burning to a iPod (or other devise) is strictly a NO NO!

Yet on the Otter forum there is a banner that takes you to this link.

http://www.xcopy9.com/?a=4075

Now at first I thought this is just to suck you in and then you get the disclaim not for commercial DVD. Yet it sure seems clear to me they are doing it with commercial DVD. The little same show takes about burning the "the trailers or just the movie". And the example is of "Master and Commander".

So is this software legit (surely DVD Talk would not offer a banner to non-legit software) and is it legal?

Note---Not getting all snippy, just confused.
Old 01-10-06, 12:44 PM
  #31  
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Look in the Feedback forum.
Old 01-10-06, 09:50 PM
  #32  
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Originally Posted by X
Look in the Feedback forum.
Done...thanks!
Old 01-11-06, 09:28 AM
  #33  
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Cool, looks like I'm just in time as I'm going to buy one of these soon.

chemosh6969 - What was the make and model of the DVD Recorder you posted? Costco gives me "We're sorry, this product is not available.11035876"

I've narrowed my choice down to one of 4 models. All with Hard Drives.

Panasonic DMR-EH50S - 100 Gig HD
Pioneer DVR-633H - 160 Gig HD
Sony RDR-HX715 - 160 Gig HD

I'm reading all the reviews I can now and it will basically come down to which one has the easiest edit interface...and which one will give the least amount of trouble swapping out the current HD for a 250 gig drive

Any thoughts on these models?

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