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Rent My DVR

The concept behind the new site Rent My DVR is something that television networks will be extremely interested in.  Users of the site can pay 20 Euro Cents to request an episode of a TV show.  Other users on the site are informed that the episode has been requested and if they send a video file of the episode to the requester, they get paid.

OK, but is it legal?

Dave Zatz talked to founder Micke Langberg, who said I can’t see that there should be any legal concerns related to our service, since it is exactly the same thing as asking your neighbor to record a TV show for you.  The FAQ on the site expands on this:

According to fox networks it is OK to ask a friend or co-worker to tape video shows for you. We at www.rentmydvr.com are all friends. See "ask fox question 8."

8. Can I get tapes of FOX Network Primetime Shows sent to me?

ANSWER:
The FOX Network does not provide nor sell videos of any of shows, specials or movies that air on the Network.

Our recommendation is to ask co-workers, friends, family and neighbors for anyone who may have taped off-the-air the show you are looking for.

OK, but is it legal?  Well, that's for the lawyers to answer, but given recent supreme court decisions you might want to play it safe and check for spare change in your couch instead.

by George Hotelling September 27, 2005 in News, Products

Comments

It is legal to record an instance of a television program and sell or let someone borrow it. If an episode airs 4 times in a week, that means you can legally record and sell each airing as a personal copy. This is assuming it is not a copy, is the original recording and each copy you sell is of a unique airing. What this person's doing sounds legal, but the better way of addressing it would be to make sure the parameters I outlined are clearly being met. For example, use DRM to ensure that a person is recording and distributing a program only once rather than distributing the same copy numerous times. These days that shouldn't be a problem, especially if it turns into a virtual lending library where a person can show they deleted or relinquished the borrowing rights so someone else can borrow and watch it. No I haven't given this any thought at all...

Posted by: psych0fred at Sep 27, 2005 3:04:17 PM

There's a big difference in this and the neighbor recording the show: money is changing hands. I know its only 20 cents but I think a lawyer will tell you its the principle of the monetary exchange not the amount.

Posted by: Gerard at Sep 27, 2005 4:26:02 PM

I tried it today with "Veronica Mars", and it's just a bittorrent client ...
2 minutes after the show appeared on the torrent networks, the rentmyDVR client started downloading.
Analyzing the TCP/IP traffic clearly showed it was using the bittorrent protocol. (Including the fact that your pc is also uploading to a bunch of people ...)
Clever guy, though, earning some money with such a simple trick !

Posted by: steffest at Sep 29, 2005 1:28:21 AM

One of the important components of the recent Chamberlain and Lexmark cases is their focus on what it means to have "authorized access" to a copyrighted work.

As long as the consumer can show that they have legitimate access the programming through over-the-air broadcasts, or through a cable/satellite subscription, then that consumer has "authorized access" to the programming in question and, therefore,

... wait for it ...

the copy of the show they've just downloaded is NOT an infringing copy.

According to Chamberlain v. Skylink, obtaining a copy of something that you DO have authorized access to is not infringement, even if you have to bypass a technical measure to do it.

Infringement only happens when the copyright holder can show that you DO NOT HAVE authorized access.

The Chamberlain v. Skylink ruling is a true gem.

Posted by: Randy Zagar at Sep 30, 2005 2:47:48 PM

simpsons volum one is for rent, simpsons voulum two is for rent, the simpons voulum three is for rent, the simpsons voulum fore is fore rent to, the simposons voulum five is for rent, each dvd is for rent, five dollers for five days,family guy seseone one, looney tunes volumeone and two,
the jetsons, first seson, five dollers for five days to rent, the flintstons of sesone one. futurama volum one, voulm two,three and fore, and you can rent each set for only five dollers each, for only five days,the first sesone of south park, the complet seconded sesone of southpark, the complet third seson of south park, the complete forth seson of saouth park, sesone five, we are renting for five dollers for five days, auqua teaM HUnger force voulm one, voulum two and volum three, if you would like to rent any of theise moviese just come to my home in gresham oregon 97080, gresham fredmyers, right across the straight from bull run appartments, 55 appartment number 8

Posted by: mark federici at Oct 15, 2005 12:43:04 AM

One word: Poopli.

Google it.

Posted by: meehawl at Oct 16, 2005 4:03:09 PM