Is this legal?

[EpsiIon]

Is one allowed to possess on his or her hard drive episodes of a show which have NOT yet been released into retail channels?

Examples:
Anime that has not yet been released in the US
Episodes of The Simpsons that are not yet on DVD (the later seasons)

Many of my friends seem to think it's legal and I don't know why.

 

[Semidevil]

if no one knows, then everyting is legal

 

[Kalvin00]

Having it wouldn't be illegal...but getting it (dling) would be illegal.

I guess.

 

[FoBoT]

did you buy it?
if you didn't buy it, then it had to have been released under some type of license that didn't require you to buy it. basically , the real owner has to give it away the correct way (with a free license agreement), otherwise it is probably stolen and illegal

 

[Zim Hosein]

Originally posted by: EpsiIon
Is one allowed to possess on his or her hard drive episodes of a show which have NOT yet been released into retail channels?

Examples:
Anime that has not yet been released in the US
Episodes of The Simpsons that are not yet on DVD (the later seasons)

Many of my friends seem to think it's legal and I don't know why.

Yes, it's legal

 

[EpsiIon]

Originally posted by: Zim Hosein

Originally posted by: EpsiIon
Is one allowed to possess on his or her hard drive episodes of a show which have NOT yet been released into retail channels?

Examples:
Anime that has not yet been released in the US
Episodes of The Simpsons that are not yet on DVD (the later seasons)

Many of my friends seem to think it's legal and I don't know why.

Yes, it's legal

How do you know? Forgive me, Zim, but even you can be wrong sometimes.

 

[EpsiIon]

Originally posted by: FoBoT
did you buy it?
if you didn't buy it, then it had to have been released under some type of license that didn't require you to buy it. basically , the real owner has to give it away the correct way (with a free license agreement), otherwise it is probably stolen and illegal

Well what about having a TV tuner card and ripping them straight to your hard drive? Is that legal?

 

[MoPHo]

I think that once it's released on American television it's illegal to have in America...other than that, if you download it i believe it's free..

 

[FoBoT]

Originally posted by: EpsiIon

Originally posted by: FoBoT
did you buy it?
if you didn't buy it, then it had to have been released under some type of license that didn't require you to buy it. basically , the real owner has to give it away the correct way (with a free license agreement), otherwise it is probably stolen and illegal

Well what about having a TV tuner card and ripping them straight to your hard drive? Is that legal?

that is probably covered by the ruling that made video tape/VHS legal and isn't the same thing as giving out 10,000 copies by posting it on the internet

i'll find a link that explains why video tape was ruled legal

 

[Wallydraigle]

The eleventh cammandment is don't get caught.

 

[FoBoT]

http://www.virtualrecordings.com/betamax.htm

Petitioner Sony manufactures millions of Betamax video tape recorders and markets these devices
through numerous retail establishments, some of which are also petitioners in this action. n2 Sony's
Betamax VTR is a mechanism consisting of three basic components: (1) a tuner, which receives
electromagnetic signals transmitted over the television band of the public airwaves and separates them
into audio and visual signals; (2) a recorder, which records such signals on a magnetic tape; and (3) an
adapter, which converts the audio and visual signals on the tape into a composite signal that can be
received by a television set.

that sounds relatively close to a pc with a tv tuner card that can capture to the hard drive.

In summary, the record and findings of the District Court lead us to two conclusions. First, Sony
demonstrated a significant likelihood that substantial numbers of copyright holders who license their
works for broadcast on free television would not object to having their broadcasts time- shifted by private
viewers. And second, respondents failed to demonstrate that time-shifting would cause any likelihood of
nonminimal harm to the potential market for, or the value of, their copyrighted works. The Betamax is,
therefore, capable of substantial noninfringing uses. Sony's sale of such equipment to the general public
does not constitute contributory infringement of respondents' copyrights.

"The direction of Art. I is that Congress shall have the power to promote the progress of science and the
useful arts. When, as here, the Constitution is permissive, the sign of how far Congress has chosen to go
can come only from Congress." Deepsouth Packing Co. v. Laitram Corp., 406 U.S. 518, 530 (1972).

One may search the Copyright Act in vain for any sign that the elected representatives of the millions of
people who watch television every day have made it unlawful to copy a program for later viewing at
home, or have enacted a flat prohibition against the sale of machines that make such copying possible.

It may well be that Congress will take a fresh look at this new technology, just as it so often has
examined other innovations in the past. But it is not our job to apply laws that have not yet been written.
Applying the copyright statute, as it now reads, to the facts as they have been developed in this case, the
judgment of the Court of Appeals must be reversed.

It is so ordered.

of course the DMCA is exactly that referred to above, it is a "fresh look at ... new technology". i dunno how the DMCA comes into play, i haven't really read that

 

[EpsiIon]

Very interesting, FoBoT. Thanks.

 

[mugs]

http://www.templetons.com/brad/copymyths.html is a good article to read if you have questions about copyright laws.

 

[EpsiIon]

Originally posted by: mugs
http://www.templetons.com/brad/copymyths.html is a good article to read if you have questions about copyright laws.

Thanks. That's interesting, but I already knew most of what was said in that article and this gray area isn't really addressed.

My feelings about the issue after reading that, though:
It's techinically illegal, but there are no real damages and nobody would prosecute you.

 

[imported_Hi]

Originally posted by: Zim Hosein

Originally posted by: EpsiIon
Is one allowed to possess on his or her hard drive episodes of a show which have NOT yet been released into retail channels?

Examples:
Anime that has not yet been released in the US
Episodes of The Simpsons that are not yet on DVD (the later seasons)

Many of my friends seem to think it's legal and I don't know why.

Yes, it's legal

damn then im in trouble

 

[mugs]

Originally posted by: EpsiIon

Originally posted by: mugs
http://www.templetons.com/brad/copymyths.html is a good article to read if you have questions about copyright laws.

Thanks. That's interesting, but I already knew most of what was said in that article and this gray area isn't really addressed.

My feelings about the issue after reading that, though:
It's techinically illegal, but there are no real damages and nobody would prosecute you.

How could you possibly know most of what was in that article and think this is a gray area? It's black and white - it's illegal. In the case of imported anime, you're probably right that they'll never go after you. But you better believe they will for TV shows, even if they're not on DVD yet.

Edit: Wait a second, I thought you meant you were getting these things off the Internet. It's legal to Tivo shows...

 

[Zim Hosein]

Originally posted by: EpsiIon

Originally posted by: Zim Hosein

Originally posted by: EpsiIon
Is one allowed to possess on his or her hard drive episodes of a show which have NOT yet been released into retail channels?

Examples:
Anime that has not yet been released in the US
Episodes of The Simpsons that are not yet on DVD (the later seasons)

Many of my friends seem to think it's legal and I don't know why.

Yes, it's legal

How do you know? Forgive me, Zim, but even you can be wrong sometimes.

NP EpsiIon; it is the same thing as you have the legal right to tape The Simpsons on your VCR, thus you have the right to use your VIVO card to "save" the show to your HD

 

[HonkeyDonk]

Fan Subbed Anime that's not licensed yet is legal to have....i think.

 

[EpsiIon]

Originally posted by: mugs

Originally posted by: EpsiIon

Originally posted by: mugs
http://www.templetons.com/brad/copymyths.html is a good article to read if you have questions about copyright laws.

Thanks. That's interesting, but I already knew most of what was said in that article and this gray area isn't really addressed.

My feelings about the issue after reading that, though:
It's techinically illegal, but there are no real damages and nobody would prosecute you.

How could you possibly know most of what was in that article and think this is a gray area? It's black and white - it's illegal. In the case of imported anime, you're probably right that they'll never go after you. But you better believe they will for TV shows, even if they're not on DVD yet.

Edit: Wait a second, I thought you meant you were getting these things off the Internet. It's legal to Tivo shows...

Ok, sorry. I read the headings and said "Yeah, I already know that's not true" after each one. That made me think I knew the contents of the article.

My question was simply: is it legal to possess a copy on your hard drive? It looks like that depends on how it got there.

 

[ribbon13]

I consider fansubs to be like translated time-shifted recordings. ^^

 

[imported_Phil]

Originally posted by: ribbon13
I consider fansubs to be like translated time-shifted recordings. ^^

I consider downloaded Pimp My Ride to be time-shifting. And continent-shifting. Ahem.