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shows his data 02/10/2004 05:32 PM

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Downloading TV Shows 08/15/2004 11:15 PM

Let's say I have a meeting on Monday nights during the time that Fox's awesome guilty pleasure, "North Shore," is on. I don't have a VCR anymore, so I can't tape it. And I don't have a Tivo either. What am I to do?

Well, I can download the show. There are any number of P2P clients out there with which you can get a perfect, full-screen, letterboxed, high-definition, stereo-sound copy of any TV show. An hour-long show will download in anywhere from one to a few hours, depending on the time of day. It's very practical to download a show you missed.

So, let's say I download and watch "North Shore." Have I broken any laws? It's not like I stole anything — I'm a paying cable TV subscriber and I have the cancelled checks to prove it. I could have watched the show for free if I was home during the time it aired. Additionally, if I had a VCR, I could have taped it and gotten the same effect — watching the same show at a different time.

This is called "time shifting." There was a Supreme Court decision back in 1979 about the VCR in which the Court ruled that taping a show and watching it later was legal — the user was simply "shifting the time" in which he or she watched the show. Here's a note from the Museum of Broadcast Communication:

Handing down its decision in October 1979, the U.S. District Court ruled in favor of Sony, stating that taping off air for entertainment or time shifting constituted fair use; that copying an entire program also qualified as fair use; that set manufacturers could profit from the sale of VCRs; and that the plaintiffs did not prove that any of the above practices constituted economic harm to the motion picture industry.

(The term "time shifting," incidentally, is where The Shifted Librarian draws its name.)

The only way I can see that someone got short-changed is that I didn't watch any commercials (on most posted versions, they've been edited out). So, this is a drag for the advertisers, but here's the thing: I don't watch commercials anyway. I'm a quick-draw on the remote when a commercial comes on. I channel surf until they're over. Or I get up and go to the bathroom,or get something to drink, or finally listen to what my little girl has been deperately trying to tell me since the last commercial. Additionally, if I taped the show with a VCR, I'd fast-forward through the commercials.

I think the content type matters. I very much put TV shows in a different league than downloading a movie for which I would normally have to buy a ticket, or music for which I'd have to buy a CD. I pay for cable, so in my mind, I'm entitled to watch the show whenever I want.

I also draw a distinction between distributing a show and receiving a distribution. I'm perfectly entitled to receive a distribution — that's what I do whenever I watch TV. However, you have to be careful with your P2P client because there's a good chance you could be distributing it as well, especially if you use a BitTorrent client or have it in a shared folder for something like Kazaa.

If you proactively distribute the show — make it available to others who may not be cable TV subscribers in a position to watch it for free on TV — then you may be guilty of something.

At the risk of sounding combative, who are the TV stations to decide when I have to physically plant myself in front of the TV? I put up with cable rate increases every year, so I'll watch the show whenever I please, thank you very much.

The bottom line, in my mind, is that I pay for cable TV. I'm just not home when the show I want to watch is aired. Am I over-simplifying this? Am I just trying to rationalize something? I'm torn.

Click here to comment on this entry


Tirade shows


Tirade shows 01/11/2004 11:37 PM

I'm writing my CES piece for Linux Journal from a Starbucks somewhere in Las Vegas. Look for it at LJ in the next day or two.

Meanwhile Dan Gillmor's column today, Democratizing the Media, offers thoughts following Macworld that are similar to mine, which ran Friday in LJ:

The broadcast culture assumes that most of us are "consumers" of mass media. We are merely receptacles for what Hollywood, the music industry and even our local daily newspaper decide we should view, hear or read.

The post-broadcast culture is a democratization of media, and it comes at things from the opposite stance. It says that anyone also can be a creator, not just a consumer. There's a world of difference.

He adds:

Eric von Hippel, a professor at the Massachusetts Institute of Technology's Sloan School of Management who has done insightful research into innovation, spotlights the valuable role played by what he calls "lead users." These are customers who like a product so much that they're willing to spend their own time helping to improve it. Maybe businesses should ask their customers for ads, too, and pay for the ones they use.

The entertainment and news businesses -- the chief purveyors of the newly democratizing stuff we call "content" -- will have to modify their traditional gatekeeping role. I'm not sure they will make this conceptual leap, in part because it's also a business risk.

If they don't, look for others to offer a platform. Who, for example? Consider: One of the options in Apple GarageBand software is to save your newly created piece to an MP3, or to your iTunes music library. And you can save a video to a DVD. Suppose Apple let you save your new song, or your new movie, to the iTunes Music (and, someday, Video) Store, too. It's a thought.

It would surprise me if it isn't also an intention. Jobs and Apple helping move the means of "content" production to the hands of "consumers" so rapidly that it's going to change the whole market ecosystem whether or not Apple provides distribution and retailing. More from my Friday piece:

The first clue came when Steve Jobs dropped a line about how much he and Apple "love music". Other clues came when he talked about the iTunes music store, which clearly is challenging the established way of doing things in the music industry. Still more clues came when he showed off enhancements to iDVD, which makes producing DVDs exceptionally easy. But the picture finally became clear when he spent an almost unbearably long time showing off a new application called GarageBand, "an anytime, anywhere recording studio packed with hundreds of instruments and a recording engineer or two for good measure". For the first time I saw that this isn't simply a technical or marketing hack--it's an economic one.

It's easy to say that what Apple's doing here is about marketing. But it's not, even though clever marketing is involved. See, marketing is about influencing markets. It's about spin. In the mass-market millieu where Apple lives, it's about maintaining the fully saturated Matrix-like habitat we call Consumer Culture. That culture was built by those who own and control the means of production. So, what we call "consumer electronics" is really producer electronics. It isn't about what you and I invent and contribute to the marketplace. It's about what Sony and Panasonic and Nikon and Canon produce and distribute through retailers for us, the mass market, to consume constantly. It's producerism, really. As a label, "consumerism" is a red herring. Talking about "consumerism" takes the conversation off into victimville, where the poor consumer needs to get better stuff and less abuse from the big bad producer.

Apple is giving consumers tools that make them producers. This practice radically transforms both the marketplace and the economy that thrives on it...

The Mac World (trade show included, pun intended) is still an old-fashioned vendor-built environment--one of the last of its type, you might say. But it also is adapting to a larger ecosystem in which demand supplies its own generic infrastructural building materials, supported by a culture that values sharing and disclosure more than hoarding and secrecy. Even if Apple isn't plugging Darwin right now, the fact that Darwin is UNIX speaks volumes about technology and market ecosystems that Apple understands in ways that other old fashioned companies--notably Microsoft--still don't.

What Apple's doing with "i" apps like GarageBand isn't about the computer industry; it's about the entertainment industry. That industry lately has become vigilant about threats from its customers, which it still thinks of as consumers. Instead it should be watching how Apple transforms those consumers into producers. Because the next challenge will be finding ways to turn those producers into partners. The old gig is up. They'll never be just "consumers" again.

How long before we have a Producers Electronics Show? Probably not ever. Still, the trend is underway. The market will get smarter faster than most trade shows.


"shows his sympathies"


"shows his sympathies" 12/31/2004 04:39 PM

my dog shows off her t-shirt


my dog shows off her t-shirt 08/05/2004 02:22 PM
daring fireball's first canine member

New Mac OS Shows Its Stripes


New Mac OS Shows Its Stripes 06/28/2004 06:08 PM
'Tiger' adds support for 64-bit, Windows NT migration, RSS and improved search.

R420 Shows up at IDF


R420 Shows up at IDF 02/19/2004 10:10 AM

OTC Shows Up In Canada


OTC Shows Up In Canada 06/16/2004 02:12 AM
Canadian collectors looking for early OTC finds need look no further than their local specially stores. Reports are in and confirmed of the TIE Fighter and X-wing have been found in a few comic shops, and in the case of Vancouver, the Virgin Records store downtown. While it is unclear where the toys were ordered from or what quantities will turn up over the next few weeks, with prices ranging from $36-45CND each, the deals are still fairly decent.

Google Shows Up on AOL.co.uk


Google Shows Up on AOL.co.uk 06/26/2002 01:02 PM
The much anticipated move to Google provided results by AOL has begun in the UK.

Dead shows


Dead shows 06/20/2004 05:18 AM

Lots of great Dead shows being posted to the Internet Archives.

One of these days I wanna get the Deadbase project going - but first it's FOAFnet time. Anyway - any show at the Warfield or New Year's Eve shows - were great!

Grat eful Dead: 1982-02-17. Live at Warfield Theater.

Grat eful Dead: 1982-12-31. Live at Oakland Auditorium Arena

These recordings have MP3s/Oggs [from the Internet Archive]


Cigarette ads from old TV shows


Cigarette ads from old TV shows 03/21/2003 10:17 AM
Great collection of cigarette ads from old TV shows, including the Flintstones. Link Discuss (via Geisha Asobi)

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