StarDestroyer.Net BBS

Something I've been wondering.

I ran into a site (tvshows.org) offering '100% legal downloads' of TV show episodes while googling for some information.

I also ran into a site hosting bittorrents of different episodes and stating where they came from.

A number were ripped from the DVD's (obviously illegal), but a lot were recorded off of live TV.

Is it legal to download something that was recorded off TV? It's about the equivilant of recording something on TV with a VCR and copying the tape for a friend, isn't it? If its not legal, then wouldn't things like the Star Wars Ep 3 trailer that aired during the OC (hideous show) also be illegal?

Thanks in advance for answers.

Technically it's still distributing copyrighted material without permission.

Unless the copyright holder themself has given permission for distribution, or is seeding the file themself, like the material at www.legaltorrents.com.

Thank you.

If the TV download still contains comercials and comes from a TV service that is free, then things get a little grey. The whole stink behind downloads is you don't subscribe to the channel that shows it and/or don't watch the comercials. If you say get the Scifi Channel and download SG1 rips with the comercials still in, your likely never to get sued even if you are comitting a technical violation of the law.

And if you really want to get even more into the legal grey area....

Download an episode should be fine (going by copyright law) if you already own it in another format (VHS or DVD) since that would be your legal back up copy as allowed by said law. However, technically this is illegal under the DMCA.

to the DMCA.

Tape/rip the stuff, it's licensed distribution. Get it from someone else who's taped/ripped it, it's not. I think that's how it works.

What about download-for-a-day?
IIRC some rom distributing sites claimed that it was legal to download roms if you deleted them within 24 hours.

Could the same apply to videos? Just DL, watch, and delete? Or is it still a no-no by the DCMA ?


EDIT: Used the wrong smily next to DCMA. I meant to have the angry evil smily, not the happy one.

Praxis wrote:What about download-for-a-day?
IIRC some rom distributing sites claimed that it was legal to download roms if you deleted them within 24 hours.

Could the same apply to videos? Just DL, watch, and delete? Or is it still a no-no by the DCMA ?

there isn't any such legal clause i'm aware of that allows for such download for a day practice. that's usually just stuck in by sites to help cover their tail.

also, regarding the backup law, that only applies to making your own backups, not downloading them from other websites. so it's still technically illegal to download a rom or movie even if you own the original copy.

Darth_Zod wrote:also, regarding the backup law, that only applies to making your own backups, not downloading them from other websites. so it's still technically illegal to download a rom or movie even if you own the original copy.

It might be technically illegal, but if your not distributing, I have a doubt that you will ever go to court over the issue when the company realizes you have their entire DVD collection.

Alyeska wrote:

Darth_Zod wrote:also, regarding the backup law, that only applies to making your own backups, not downloading them from other websites. so it's still technically illegal to download a rom or movie even if you own the original copy.

It might be technically illegal, but if your not distributing, I have a doubt that you will ever go to court over the issue when the company realizes you have their entire DVD collection.

of course. i'm not condoning or condemning the action here given some of my own. . .er. . .questionable activities. just stating its legality.

Praxis wrote:Is it legal to download something that was recorded off TV?

The way I see it is if one couldn't get it any other way (on DVD or something), then its okay to download.

Mister Quin wrote:

Praxis wrote:Is it legal to download something that was recorded off TV?

The way I see it is if one couldn't get it any other way (on DVD or something), then its okay to download.

Yeah, I wanted to get the first episode of the fourth season of Smallville (where he flies), I missed that one.

The DVD will be coming out for the fourth season this summer.