[Free-sklyarov-uk] Re: New leaflet - recording tv programs

Dan Ackroyd DAckroyd at igl.co.uk
Tue, 7 Aug 2001 10:41:49 +0100


Hi all,

First up I would like to say a huge thank-you to everyone who protested =
last
Friday, particularly the brave souls up in Edinburgh.

The turn out in London was slightly better than we had hoped for, and
obviously the coverage on Newsnight was astounding, and much more than =
we
had hoped for.


On 06 August 2001 Jason Clifford wrote:
>=20
> On Sun, 5 Aug 2001, Julian T. J. Midgley wrote:
>=20
> > > I've been told that this activity is not considered to be=20
> protected
> > > however time shifting - recording TV programmes to video for =
later
> > > watching - is so I've added a bit about that.
> >
> > I believe this activity is implicitly protected:
>=20
> OK, I've asked some legal folks about this on uk.legal and had two
> conflicting replies so I've read the relevant sections of the=20
> Act myself.
>=20
> While it is certainly not a criminal offence to make copies=20
> for domestic
> (non commercial) use it *is* a breach of copyright and, as a civil
> offence, the holder of the copyright would be within their=20
> rights to bring
> action for damages although it's unlikely that anyone would spend the
> money to do so as that would be more than the actual loss.
>=20
> So time shifting is permitted but place shifting is not.
>=20
> Jason
>=20

Just to point out that under the DMCA, in the US at least, any =
television
channels you pay for, can be copy-controlled with the "automatic gain
control copy control or colorstripe copy control technology"

>From the DMCA page 12

<SNIP>

CERTAIN ANALOG DEVICES AND CERTAIN TECHNOLOGICAL
MEASURES.=97

CERTAIN ENCODING RESTRICTIONS.=97 No person shall
apply the automatic gain control copy control technology or
colorstripe copy control technology to prevent or limit consumer
copying except such copying....

(B) from a copy of a transmission of a live event
or an audiovisual work if such transmission is provided
by a channel or service where payment is made by a
member of the public for such channel or service in the
form of a subscription fee that entitles the member of
the public to receive all of the programming contained
in such channel or service;=20

</SNIP>

As there are a lot of people in the UK who have Sky, OnDigital or other
cable TV channels that they pay for, this is probably worth mentioning, =
as
this is definitely something that 'the man in the street' can =
understand.=20


<SNIP>
Effective 18 months after the date of the enactment
of this chapter, no person shall manufacture, import,
offer to the public, provide or otherwise traffic in any=97
=91=91(i) VHS format analog video cassette recorder
unless such recorder conforms to the automatic gain
control copy control technology;
</SNIP>

Also as I understand it, as no video recorders in this country has the
'automatic gain copy control technology', it would be illegal for =
someone to
take their video recorder with them to the US ? Can anyone confirm this =
?

cheers
dan