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Originally Posted by sfxc13
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.)
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lol - that's a self-defeating way of saying it; you may as well quit pretending you have a right if you're not going to sue because the courts might rule you don't. I agree with your prior statment more...check the terms of the license.
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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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Ever hear the absence of data is not proof? A lot of people have ended up behind bars because of similar logic. I agree with you though, if the license doesn't preclude it, you're probably safe. If the license does preclude it though, you're unlikely to win a contest.