Something I should have been clearer on but wasn’t. The Audio Home Recording Act, by its terms of course, applies to audio recording not video recording a la Tivo.
My concern for PVRs and DVRs is one of extension. It is an unfortunate tendency in the law for bad law in one area to bleed over into other areas. The bad trademark law around domain names had impacts into trademark law and fair use generally, before the pendulum started to turn.
So while a decision about the applicability of AHRA to the “XM +MP3” service generally, I worry that the emphasis on subscription service v. free service and the nature of the functionalities does. It does not seem to me much of a leap to apply the analysis used in this case to cases applying the Sony standard, as interpreted in MGM v. Grokster.
But, on reflection, that was not at all obvious in my post, which appeared to say that AHRA applied to video recording services. Sorry for any confusion.
Stay tuned . . . .
Related Posts:
- by Harold July 24, 2023 Back at the end of June, Canada passed C-18, aka "The Online News Act," a law designed to make Google and Facebook negotiate with news…
- by Harold August 29, 2023 In July, the Media and Democracy Project filed a Petition to Deny the license renewal of Fox29 (WTFX-TV) in Philadelphia. The Petition rests on a…
- by Harold March 15, 2022 It isn't the sultry Regency drama of Bridgerton, the action psycho-drama of Moon Knight, or even the, um, whatever the heck Human Resources is. But…
- by Harold November 8, 2021 5G has been accused a lot of ridiculous things -- causing Covid, causing cancer, causing autism. This article provides a list of 9 separate conspiracy…
- by Harold July 1, 2022 For most people, the Supreme Court’s decision in West Virginia v. Environmental Protection Agency was about environmental policy and what the Environmental Protection Agency can…
- by Harold October 14, 2022 Economist/NYT opinion writer Paul Krugman coined the term "Zombie idea" to describe an idea that, despite being repeatedly refuted with evidence, keeps coming back. Not…
