> -----Original Message----- > From: [EMAIL PROTECTED] > [mailto:[EMAIL PROTECTED] On Behalf Of Matthew > Somerville > Sent: 29 January 2007 01:14 > To: backstage@lists.bbc.co.uk > Subject: Re: [backstage] £1.2 billion question (or RE: > [backstage] BBC Bias??? >Click and Torrents) > > Brian Butterworth wrote: > > Sorry if you didn't get why this is a "backstage" issue, let me > > explain more carefully. > > I didn't say any such thing, someone else in the thread did.
I don't recall say that YOU did. > > But you can use a PVR (Sky+), Media Center, Windows or Mac > to record > > off-air onto a hard drive does, as does using a video cassette > > recorder with a video cassette or DVD-R burner with a blank DVD. > > Yes, as I said. > > > The law allows you to make any recording you like and watch > it where > > you like as long as the recording and viewing is done in > "domestic premises". > > You can pick up your laptop, PVR or computer and take it somewhere > > else and watch legally. > > Yes, I agree. > > > Also you can copy from a PVR onto a DVD burner legally. > > Are you sure? Where is that copyright permitted? Copying > things like that (e.g. for backup) is not, as the Gower > review made clear, as this petition > says: http://petitions.pm.gov.uk/privatecopy/ and as the > government response agrees. > > > So I really can't see how using a computer network such as > BitTorrent > > breaks any law, as long as both parties are domestic. > > It's not just "domestic use" in section 70, it's "private and > domestic use". > I really can't see how using BitTorrent, in your proposed > operation, counts as private use. In the terms of "private and domestic use" the word "private" means that it is done by a private individual, rather than a company or other organization. There is no restriction on taking a videoed TV programme to another private dwelling and viewing it there. "domestic" means "in the home" (ie not in a shop, church, etc). There is no restriction in law to carrying a VHS cassette or DVD in a car, on a train or sending it in the post. As long as no money is accepted then such a transaction is "private". > > If it *IS* illegal then the Slingbox is illegal too, isn't it? > > I presume you have to "log in" to the Slingbox, thereby > guaranteeing it is you for your own private use? I don't know > much about it. > > > It's not a case of what I think about the law, it is my > understanding of it. > > There is no legal precedent to support your position. > > Yours neither. :-) Well there is two precedents. Firstly the BBC took BSB to the high court to stop them showing highlights of the World Cup in 1990 - and lost. http://nic.suzor.com/articles/TransformativeUse.pdf page 141 The second is the withdrawal of the BBC and ITV (and soon C4 and Five) from using BSkyB's encryption service on satellite, because the EU "Television Without Frontiers" directive allows them not to. Brian Butterworth www.ukfree.tv Email: [EMAIL PROTECTED] -- No virus found in this outgoing message. Checked by AVG Free Edition. Version: 7.5.432 / Virus Database: 268.17.12/653 - Release Date: 26/01/2007 11:11 - Sent via the backstage.bbc.co.uk discussion group. To unsubscribe, please visit http://backstage.bbc.co.uk/archives/2005/01/mailing_list.html. Unofficial list archive: http://www.mail-archive.com/backstage@lists.bbc.co.uk/
