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Old 01-30-2009, 05:28 PM
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sfxc13
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Re: So the big deal with RAPH800

Quote:
Originally Posted by gguruusa View Post
No, the end result is you don't know what the result will be if you were prosecuted.
Corrected. Some poor explanation on my part.

Quote:
Originally Posted by gguruusa View Post
You can not predict whether you will be prosecuted.
Disagree. Predict: foretell on the basis of observation. Given that there have been no prosecutions for space-shifting (moving digital media from one device to another.) Then on the basis of that observation I can predict with a high degree of certainty that I will not be prosecuted.

Furthermore, most content providers are afraid of suing someone for personal fair use space-shifting in fear that a court decision will give personal fair use a broad interpretation and limit content owners' copyrights.
(see Newmark v.Turner Broad. Network, 226 F. Supp. 2d 1215 (2002) where the court dismissed a declaratory lawsuit after the studios settled a suit against Replay TV and promised not to sue individuals.)

Therefore I feel entirely comfortable with my prediction that I will not be sued for personal fair use space-shifting in moving my digital media from one device to another.
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