in article 2kudb3F6cdt2U1@uni-berlin.de, mr.sumo.snr at
llanelli14NOSPAM@yahoo.com wrote on 7/6/04 10:24 AM:

> "Ernest Schaal" <eschaal@max.hi-ho.ne.jp> wrote in message
> news:BD102679.1E3B6%eschaal@max.hi-ho.ne.jp...
>
> Did anyone ever actually get busted for downloading TV shows, and TV shows
> alone?  All the settled out-of-court cases I heard were for music and movie
> downloads.
> 
> Some shows I guess - such as the World Poker Tour and documentary/magazine
> programmes like "Top Gear" are not going to get their knickers in a twist
> over illegal copies - especially if they encourage people to then go and
> play online Texas Hold' em or less likely place an order for an Aston Martin
> DB9.
> 
> I suspect the main reason why there isn't more 'legal' online television
> content -after the obvious desire to sell bucketloads of series dvds - is
> probably to do with the rules Sepponian and UKland broadcasters have to meet
> to maintain their domestic licenses.

In the US, there was the Supreme Court case Sony Corp. v. Universal City
Studios, Inc. 464 U.S. 417 (1984), which stated that it was not unlawful to
copy a program for later viewing at home, nor is it illegal to sell VCR
machines. So it is clear that recording a television show for later viewing
is not in itself illegal.

On the other hand, if you copy of movie or television show for someone else,
then you could have problems. Your activity would probably be illegal, and
your chance of being punished for it is in direct relationship to how much
the copyright owner fears that it would adversely affect royalties or
marketability. 

If you do it for profit or multiple copies, it could be a felony in the US
law and could result in prison time. Since there is a ready market for tapes
of television shows (check any music/video store), I would not bet on
getting away with it in the US because it is television show, and not a
commercial film.

Downloading from a peer to peer service would probably be a crime, and does
pose an element of risk. That risk would probably be higher than normal
trading tapes among friends because of the volume of trading and ease at
which copyright owners can find the infringing services.

DISCLAIMER: I am an American lawyer, so I am talking about US law, and am
not making claims as to Japanese copyright or Japanese criminal law. Also,
you are not my client. This message is meant to be educational, and does not
constitute legal advice, nor does it create or constitute any
attorney-client relationship. Any reliance on information contained herein
is taken at your own risk.