 DesdinovaPremium join:2003-01-26 Gaithersburg, MD | So... Did they just not file for ANY streaming licenses? or are there specific licenses for specific kinds of content (or streamed content delivery)?
*EDIT* Never mind. I re-read the articles and I missed where it says that they didn't seem to have any streaming licenses (unless I misread THAT detail, also ). | |
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·Cox HSI
| Re: So... The jist of their business model was charging 1-3 dollars for basically giving you control of a dvd player. The DVD player would compress the video content and then send it over the internet to your computer.
It was basically no different than someone having a dvd player with a very long cable connecting it to a display. | |
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 |  |  cramer join:2007-04-10 Raleigh, NC kudos:7 | Re: So... Actually no, their service is nothing like a "long cord" -- ala an HDMI repeater.
It's exactly like putting a slingbox on a DVD player and renting (remote) access to it. The player's output(s) are being converted and streamed to someone else. Now, if I owned the player and the slingbox, it's a different story, but they'd still have a legal tantrum over it. | |
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 |  |  |  Oh_NoTrogglus normalus join:2011-05-21 Chicago, IL | Re: So... said by cramer:Actually no, their service is nothing like a "long cord" -- ala an HDMI repeater.
It's exactly like putting a slingbox on a DVD player and renting (remote) access to it. The player's output(s) are being converted and streamed to someone else. Now, if I owned the player and the slingbox, it's a different story, but they'd still have a legal tantrum over it. Their long cord "streaming to one dvd player" is just a replacement of getting in your car to go to blockbuster or to wait for a netflix dvd in the mail. Now everything is considered streaming even if you use mail or a car. | |
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 |  |  |  |  cramer join:2007-04-10 Raleigh, NC kudos:7 | Re: So... Wrong. When you go to blockbuster or your mailbox, you are receiving a physical product. The doctrine of first sale applies here; no "streaming" is occurring. What the dvd player is doing in order to get something on your TV is not "streaming"; it's doing exact what it's designed (and licensed) to do, and you have the physical media in your possession that grants you a license for a "private performance". | |
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 |  |  |  |  |  r81984Fair and BalancedPremium join:2001-11-14 Katy, TX Reviews:
·row44
·AT&T U-Verse
·AT&T DSL Service
| Re: So... said by cramer:Wrong. When you go to blockbuster or your mailbox, you are receiving a physical product. The doctrine of first sale applies here; no "streaming" is occurring. What the dvd player is doing in order to get something on your TV is not "streaming"; it's doing exact what it's designed (and licensed) to do, and you have the physical media in your possession that grants you a license for a "private performance". Wrong. FYI - steaming is already occuring - you stream from your DVD player to your TV. Zediva is no different than netflix mail or blockbuster. You rent a physical DVD for only your viewing (not shared). Store - Rental Media - Delivery Method Blockbuster - Physical DVD - Car Netflix - Physical DVD - Post Office Zediva - Physical DVD - Internet
End end result for each type of store is exactly the same - 1 physical DVD for 1 customer at a time, no sharing. How you get it to the customer is irrelevent.
Now if you look at traditional "Multi - Streaming" services like netflix or amazon or itunes then it becomes: Store - digital file (shared with multiple people) - internet
If Zediva is illegal then blockbuster and neflix are also illegal and so is any other physical DVD rental service. -- ...brought to you by Carl's Jr. | |
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 |  |  |  |  |  |  cramer join:2007-04-10 Raleigh, NC kudos:7 | Re: So... Really? I wasn't aware the link between my DVD and TV was IP. Mine's actually component video -- so analog. (if I use the PS3, it's HDMI.)
You are, again, COMPLETELY. MISSING. THE. POINT. With Netflix and Blockbuster, you have physical possession of the media. | |
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 |  |  |  |  |  |  |  r81984Fair and BalancedPremium join:2001-11-14 Katy, TX Reviews:
·row44
·AT&T U-Verse
·AT&T DSL Service
| Re: So... said by cramer:Really? I wasn't aware the link between my DVD and TV was IP. Mine's actually component video -- so analog. (if I use the PS3, it's HDMI.)
You are, again, COMPLETELY. MISSING. THE. POINT. With Netflix and Blockbuster, you have physical possession of the media. So I pay someone to go to blockbuster for me to pick up my DVD, and pay them to insert the DVD into a DVD player for me. Then I have that DVD player connected by a several mile wire to my TV and my remote control. I hit play. So am doing something illegal? no.
All you are doing with Zediva is renting a DVD and a DVD player then paying someone to load the DVD player for you and connect that rented DVD player to your TV. Nothing different is happening compared to any normal physical DVD rental except paying someone to do the work for you. 1 customer has possession of the 1 DVD and it is not shared by anyone. -- ...brought to you by Carl's Jr. | |
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 |  |  |  |  |  |  |  |  cramer join:2007-04-10 Raleigh, NC kudos:7 | Re: So... ... Then I have that DVD player connected by a several mile wire to my TV ... So am doing something illegal? no. No. (well, probably not. run it past a lawyer before trying to build a commercial service around it. *cough*cablecompany*cough*) But that's not what Zediva was doing.
They are adding a device to digitize and encode the output of the DVD player. That data is then sent to you via an IP connection over the internet. (which is "streaming".) What they were doing is fundamentally no different than setting a webcam in front of a TV connected to the DVD player. Or are you going to say that's not streaming either.
Before you ask is FTP streaming? No, it is a precisely choreographed sequence of packets. There's a fixed beginning and end, and you receive the entire contents completely intact; if a packet is lost or damaged, it's resent and the sequence resumes from that point. With audio/video data streaming, you get what you get; there's no complex interactive system to make sure you receive all the data intact and in order. | |
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·Mediacom
·RoadRunner Cable
| check out my topic "Long cord? No." for a comprehensive explanation of why it's not legally like renting a DVD from Blockbuster. The key is physical transfer of the DVD vs. streaming the DVD content without physical transfer. One is legal, the other is (apparently) not. | |
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 |  |  |  |  |  |  |  |  |  Oh_NoTrogglus normalus join:2011-05-21 Chicago, IL | Re: So... said by MyDogHsFleas:check out my topic "Long cord? No." for a comprehensive explanation of why it's not legally like renting a DVD from Blockbuster. The key is physical transfer of the DVD vs. streaming the DVD content without physical transfer. One is legal, the other is (apparently) not. Renting 1 physical DVD to 1 customer at a time is the same regardless if you do it through mail (netflix), a store/car (blockbuster), or through the internet (Zediva). All use a 1 physical DVD per customer. Just because people are using the internet to replace mail or driving in the car does not change you are renting a physical DVD. In the case of Zediva, you are renting the physical DVD, the DVD player, and paying someone to load the DVD player for you, and for them to connect that DVD player to your TV over the internet.
Zediva is not doing the kind of "streaming" that requires a license - 1 file on the server that gets streamed to multiple people. If Zediva is illegal then any physical DVD service is illegal like netflix by mail or blockbuster. | |
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·Mediacom
·RoadRunner Cable
| Re: So... well, all I can say is the court disagrees with you. You can rent a physical DVD but you can't rent the contents without a license to do that (like a video streaming license). Despite Zediva's posturing that they were actually renting DVDs, the judge ruled that that was essentially a sham, and it was no different than a video streaming service, since it was the content that was being tendered to the "renter", not the actual DVD itself.
Until and unless it's overturned on appeal (which I doubt it will be, personally), that is the established precedent now.
You are essentially asserting Zediva's argument that what they did is the same as what Netflix and Blockbuster do. That assertion was shredded by the court. | |
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 |  |  |  |  |  |  |  |  |  Oh_NoTrogglus normalus join:2011-05-21 Chicago, IL | Re: So... said by MyDogHsFleas:well, all I can say is the court disagrees with you. You can rent a physical DVD but you can't rent the contents without a license to do that (like a video streaming license). Despite Zediva's posturing that they were actually renting DVDs, the judge ruled that that was essentially a sham, and it was no different than a video streaming service, since it was the content that was being tendered to the "renter", not the actual DVD itself.
Until and unless it's overturned on appeal (which I doubt it will be, personally), that is the established precedent now.
You are essentially asserting Zediva's argument that what they did is the same as what Netflix and Blockbuster do. That assertion was shredded by the court. The court is obviously non-technical as they fail to see the difference from what Zediva was doing with a physical DVD and what a "Streaming" service does with a file on their server. Zediva is no where near the same thing as netflix, amazon, itunes streaming. It is a joke that they cant see the huge difference.
They are setting a very, very bad precedent that anything done over the internet automatically makes it different in the eyes of the law. | |
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 |  |  |  |  |  |  |  |  |  | | Re: So... Let's not do the same thing in two topics. | |
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 |  |  |  |  |  |  |  |  |  cramer join:2007-04-10 Raleigh, NC kudos:7 | It's not an issue of a 1:1 DVD:Person ratio. It's the simple fact one cannot "possess" a DVD over the internet. When you go to the video store, you walk out with the physical disc; legally equivalent to going to walmart and buying it out-right... the media license is tied to physical possession of the disc. Their legal problem was not with renting a DVD player, or renting a disc; it lays squarely on the part of accessing it over the internet. There's simply no way to do that without "streaming" or "downloading", both run afoul of copyright law. (you need a license for streaming or distribution.)
And for the record, Zediva does nothing at all to "connect ... to your TV". How it gets to your TV (if at all) is the customer's problem. | |
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 | | "Justice" system in this country is a joke Wow, that judge must be techincally inept. I personally see no reason why Zediva is infringing. The length of a cord determines if it is infringing or not? What a joke. | |
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 |  LinklistPremium join:2002-03-03 Longport, NJ kudos:5 | Re: "Justice" system in this country is a joke said by PinkyThePig:Wow, that judge must be techincally inept. I personally see no reason why Zediva is infringing. The length of a cord determines if it is infringing or not? What a joke. Court after court has ruled that you have to do streaming deals with the studios in order to stream movies. And one idiot firm after another has decided they can circumvent those court decisions by coming up with some technicality to get around those decisions. Well it isn't surprising that the courts are having no patience with these attempts to bypass their decisions. -- »www.politico.com/rss/2012-election.xml »www.politico.com/rss/2012-election-blog.xml
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 |  |  | | Re: "Justice" system in this country is a joke Court after court based on Sharia law decided that death by stoning was A-ok.
Court after court in Nazi Germany decided that killing and torturing Jews was just fine.
Some courts found that crap called Prohibition was ok.
Some military courts found that if one was gay an exemplary military record would still not count and kick that person out.
Military courts found that waterboarding was a war crime (unless we do it).
There are those things called screwed up laws that usually take a lot of effort to get rid of. | |
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·Mediacom
·RoadRunner Cable
| Re: "Justice" system in this country is a joke said by WernerSchutz:Court after court based on Sharia law decided that death by stoning was A-ok.
Court after court in Nazi Germany decided that killing and torturing Jews was just fine.
Some courts found that crap called Prohibition was ok.
Some military courts found that if one was gay an exemplary military record would still not count and kick that person out.
Military courts found that waterboarding was a war crime (unless we do it).
There are those things called screwed up laws that usually take a lot of effort to get rid of. Well this is quite remarkable. In one post you equated copyright laws to stoning adulterers, the Holocaust, torture, and anti-gay discrimination. I think that sets some kind of record. | |
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 |  |  |  |  | | Re: "Justice" system in this country is a joke LOL | |
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 |  |  |  |  AVDRespice, Adspice, ProspicePremium join:2003-02-06 Onion, NJ kudos:1 | No reference to Nazis, Goodwind's law has not been invoked. | |
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 |  |  | | Firms--Netflix, for example--are licensed to host and distribute (which involves "copying" by its very nature), which has zero to do with "streaming" (which is just sending from point A to point B--I "stream" content from a disc in my player to my TV whenever I play the disc). Content owners do not own the "streaming rights" to anything no matter how much they claim to; that's not what copyright is about. And since Zediva only streamed from point A to point B for signed in users, it also was not a "public performance" as the content owners claimed. Judge Walker is still an idiot. This injunction is all manner of wrong. -- "Sorry for not responding to your post, but either I haven't seen it yet, or what you said was so devoid of substance that I found it utterly uninteresting." | |
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 |  |  KrKHeavy Artillery For The Little GuyPremium join:2000-01-17 Tulsa, OK | It's to do with Rental and the first sale doctrine. The idea was that you were really just renting the movie. I see Zediva's point. However these days Hollywood's demands run rough shod over everyone else's. -- "Fascism should more properly be called corporatism because it is the merger of state and corporate power." -- Benito Mussolini
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 |  KearnstdElf WizardPremium join:2002-01-22 Mullica Hill, NJ | which is sad because if the DVDs where purchased than the movie goons got their money. -- [65 Arcanist]Filan(High Elf) Zone: Broadband Reports | |
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 |  |  tshirtPremium,MVM join:2004-07-11 Snohomish, WA kudos:3 Reviews:
·Comcast
1 edit | Re: "Justice" system in this country is a joke said by Kearnstd:which is sad because if the DVDs where purchased than the movie goons got their money. The fees that DVD rental businesses pay are for the rental liecese on each disk and are far more than the cost of a disk.
Had they negoeated a rental liecense in advance, with fees based on the way they intended to distribute rather than trying to sneak around the intent of the restrictions everyone might be happier, and they would still be in business. the fees would likely have been higher than at a brick and morter (including redbox type machines) location because the viewings per day are potently much higher. and of course they would need a way to audit the viewing/disks purchased to assure ONLY genuine rental disks were used (the sneakness factor works against their "trustworthness" in going strictly according to the ToS ) | |
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 |  |  |  Rekrul join:2007-04-21 Milford, CT Reviews:
·AT&T U-Verse
| Re: "Justice" system in this country is a joke said by tshirt:Had they negoeated a rental liecense in advance, with fees based on the way they intended to distribute rather than trying to sneak around the intent of the restrictions everyone might be happier, and they would still be in business. The last time I checked, the First Sale Doctrine allowed the purchaser of a DVD to re-sell, lend or rent that DVD, all without needing the permission of the copyright holder.
said by tshirt:the fees would likely have been higher than at a brick and morter (including redbox type machines) location because the viewings per day are potently much higher. No, the fees would have been much higher because Hollywood wants to squeeze every last cent it can out of any licenses it can negotiate regardless of whether those prices are commercially viable or not.
said by tshirt:and of course they would need a way to audit the viewing/disks purchased to assure ONLY genuine rental disks were used (the sneakness factor works against their "trustworthness" in going strictly according to the ToS ) By the way, you are only allowed to read this message once. If you wish to read it more than once, you will have to purchase a multiple-viewing license, which will allow you to view it up to five times. If you want to view it more than that, you will need to buy additional viewing licenses. If you wish to reply to this message, you must buy a reply license. Additionally, if you wish to quote any of this message in your reply, you will have to buy a quotation license, the cost of which will vary depending on how many characters you wish to quote. If you wish to read or relate this message to anyone else, you will need to buy a performance license.
Licenses start at a very reasonable $100.
Your reading of this message constitutes your acceptance of these terms. | |
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 |  |  |  |  CXM_SplicerLooking at the bigger picturePremium join:2011-08-11 NYC kudos:1 Reviews:
·Verizon FiOS
| Re: "Justice" system in this country is a joke Ahh crap... I read this 6 times! Where do I send the check?
This reminds me of a time when I bought a computer game that wouldn't load onto my computer. Of course, since it was opened, CompUSA wouldn't take it back so I wrote to the software company that I was unable to comply with their licensing terms and was requesting a full refund. If said refund was not provided within 7 business days, that a new license would be in effect which would allow me to copy, reverse-engineer, upload the software and that their failure to provide a refund constituted acceptance of the new agreement. Needless to say, I never heard from them so their software found its way onto the Verizon Usenet server (back when they had one!) Presumably, I would have been legally covered if anything had come of it but nothing ever did.
License agreements are almost as stupid as 'Click here to prove you are over 18' web site buttons. | |
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·RoadRunner Cable
| Re: "Justice" system in this country is a joke said by CXM_Splicer:Ahh crap... I read this 6 times! Where do I send the check?
This reminds me of a time when I bought a computer game that wouldn't load onto my computer. Of course, since it was opened, CompUSA wouldn't take it back so I wrote to the software company that I was unable to comply with their licensing terms and was requesting a full refund. If said refund was not provided within 7 business days, that a new license would be in effect which would allow me to copy, reverse-engineer, upload the software and that their failure to provide a refund constituted acceptance of the new agreement. Needless to say, I never heard from them so their software found its way onto the Verizon Usenet server (back when they had one!) Presumably, I would have been legally covered if anything had come of it but nothing ever did.
License agreements are almost as stupid as 'Click here to prove you are over 18' web site buttons. It would be interesting to see if this would stand up in court. I think if it were me and I were seriously trying to get a legal cracked version of the game, I would have sent a letter to the legal department of the company via certified mail so I had proof they had received it. I would have also given them 30 days not 7 so they could not argue that didn't have time to respond. Aside from that I think you probably have a case. I'd have to read the "termination of license" clause in your license to be sure.
Moot point now.. but it's interesting to speculate. | |
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 ShadowMastrMaster Of All Shadows join:2001-09-01 Fort Pierce, FL | Was a nice try I hope they made enough to pay their fines......
Logically they seem to be in the right, but that doesn't seem to make any difference to judges who don't have a clue, and listen to what the Motion Picture 'advisors' tell them is right..... -- Follow Your Bliss -- Joseph Cambell I reject your Reality and substitute my own! -- Adam Savage, Mythbuster | |
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 |  quatrixPremium join:2005-02-11 South FL kudos:2 | Re: Was a nice try said by ShadowMastr:Logically they seem to be in the right... Not even close. | |
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 | | This just proves it again: This just proves it again: WE HAVE THE BEST GOVERNMENT AND JUDICIAL SYSTEM THAT MONEY CAN BUY!! | |
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 |  See 7 replies to this post |
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 | | move Why don't they just host the service in another country? Heck I'm sure the pirate bay would know an ISP willing to host their content. | |
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 Reviews:
·Mediacom
·RoadRunner Cable
| Length of a cord? No. Wrong. If this company provided a service to play your own DVDs over the network, then it would be a "length of the cord" issue.
But, they didn't. They buy the DVDs, they "rent" them to customers (a transparent dodge), then they stream them down to the customers.
This is exactly what video-on-demand services do. You rent a video for $X, and you get to view it at home without physically possessing it.
The judge was completely correct in demolishing this sham.
And Karl, predictably, throws misleading red meat out there to the haters to stir them up.
This kind of stuff does not help the cause. Seriously. | |
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 |  See 23 replies to this post |
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 |  MSaukMSaukPremium join:2002-01-17 Sandy, UT | Re: MPAA/RIAA mob stops innovation! All you have to read is this link and you will understand that judges no longer rule based on law, but who paid the most
»news.yahoo.com/judges-sale-speci···006.html
I just can't believe how fucked up our country has become. We as american people will I hope one day stand up to this corruption. Just sad -- 801 Images | |
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·Mediacom
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| The interesting thing that has happened is that Apple has basically stepped in and become the legitimate digital distributor for music and, to some extent, video. And they are pushing on video. The distributors missed the opportunity to be in control of the emerging digital distribution age by being obstinate instead of recognizing piracy as an unmet market demand. Now Apple is using their market presence to force them to make agreements with Apple. | |
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 ctceoPremium join:2001-04-26 South Bend, IN Reviews:
·magicjack.com
·AT&T U-Verse
| Contradiction? Then this ruling directly contradicts HBO & Macrovisions activities in the home recording activity arena. My cords are long enough, why can't I record sometimes?
Additionally it's not gonna stop here. Leased computing time is coming, as is lease only solar cars and banned combustion engine type, and you must be online to play video games. Thank You free-market. May I have another? | |
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 TomekPremium join:2002-01-30 Valley Stream, NY | Technicality So can I safely assume that company had a DVD library that would load a DVD to, lets say, DVD tray, then user will be able to simply watch said DVD. Assuming physical DVD was being viewed by single user, I see nothing illegal about that. -- Semper Fi | |
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 Oh_NoTrogglus normalus join:2011-05-21 Chicago, IL | Wow Now all Remote or "cloud" servers to store all your videos, music, etc are illegal. It is the exact same thing as this DVD setup. | |
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·voip.ms
| The end of the story and a comment Having followed this little saga from beginning to the end, I can say that this was an outcome that didn't surprise me.
When people complain its a "length of the cord issue" they miss an important point. If you as the consumer set up a cord so that you the consumer watch the DVD that you purchased or rented on your own equipment, then you are adhering to the license terms of the media and can use a cord of whatever length you desire.
Since Zediva's service didn't meet those tests, the proper licensing (read: excessive tithe to the **IAA) was needed and so no matter how much legal jiggery pokery Zediva would have tried, it would have failed IMO.
NefCanuck | |
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 |  clone join:2000-12-11 Portage, IN | Re: The end of the story and a comment I remember, as a wee child, at the good ol' VHS/Betamax brick-and-mortar rental stores in the early 1980s, they would rent you a VCR to watch a movie (for, I think, around $15) if you didn't have one.
So, basically, what we are saying here is that THAT was legal, only because you had to drive to the store and physically take possession of it?
If they were to keep the VCR and the tape at the store, letting you watch the movie and control the player from your home (same end result), it's now illegal. Got it. I love all of you fascist apologists who have bought into the whole, "Since it involves an IP data network, it must be illegal" rhetoric of the corporate overlords.
God Bless the USA! The best police state/control grid/slavery ring the corporations can buy. | |
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 |  |  | | Re: The end of the story and a comment Awesome point !! I agree this is not just a long cord but its also not streaming Streaming IMHO denotes 1 copy(on a server) many users simultanious delivery. what they were doing was not Streaming by that definition. I suppose though they really should have gotten legal advice before persuing their business model. | |
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 |  |  |  | | Re: The end of the story and a comment Clearly the judge did not agree with your definition of streaming. It'll be interesting to see if there's an appeal. I bet not. The ruling seems to have totally shredded Zediva's position. | |
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| So, basically, what we are saying here is that THAT was legal, only because you had to drive to the store and physically take possession of it? Exactly. That is the essence of the ruling. The physical DVD can be rented but not the contents. | |
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·Comcast
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1 edit | Here's a (non) hypothetical.... I am the Chief Engineer for a radio station. To improve the quality of the audio link to our transmitter, I installed two T1 wireless Internet links. We have an encoder (streamer) at the studio and a decoder (receiver) at the transmitter. This 'stream' is NOT public and goes to ONE location (IP address) only-our transmitter. Based upon this moron judge's opinion, what we are doing violates federal law-because we are 'streaming' on the Internet without paying extra for a special Internet Streaming license through SoundExchange.
Am I breaking Federal law because I have a special anonymous NON PUBLIC stream that's not INTENDED for reception by the general public? How about the fact that ultimately the contents of this stream IS received by the public (via the radio transmitter broadcasting it through the air).
If indeed I am breaking federal law then about 5000 other stations I know are also doing so. | |
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