Hacker News new | past | comments | ask | show | jobs | submit login

there is no such thing as a 'home viewing license'; you don't know the basics of us copyright law, despite having negotiated public performance rights licenses. you need a license from the copyright holder (or a fair use defense) when, and only when, you are doing one of the things reserved to the copyright holder under 17 usc §106 https://www.law.cornell.edu/uscode/text/17/106. specifically, 17 usc §106(4) is public performance. 17 usc §106(3) is distribution to the public, which is what the ia was doing

no sort of viewing, home or otherwise, is restricted in any way by the copyright law. you will not find the phrase 'home viewing license' in any us case law about copyright. ('residential viewing license' does occur in cases about 47 usc §605, which is not a copyright law.) you just made it up without having any idea what you're talking about. you should not mislead people about your expertise in that way; it is a bad thing to do




The good part about it was that caused you to comment as well and the information you provided was very enlightening.


thanks :-)


That’s an unnecessarily pedantic comment. The US copyright act gives the copyright owner exclusive rights regarding public performance and it also defines where public starts. Sure, there is no license for home viewing but that’s not really changing anything about the point that OP was making.


it does, because they were adducing a cause of action that doesn't exist in either statute or caselaw. nor was it asserted by the plaintiffs, because that would have gotten their case summarily dismissed. moreover, to believe that it existed, you would have to have a comprehensively incorrect understanding of the legislative and political history of us copyright law. anyone who wants to understand any of the arguments or decisions in the case needs to understand what cause of action is actually being asserted and what the possible alternatives were. reading misleading comments about imaginary legal theories the author just made up makes that more difficult


You both put 'home viewing' in quotes. Clearly you both know that's not actually a thing so this part: "you don't know the basics of us copyright law" is uncalled for.




Guidelines | FAQ | Lists | API | Security | Legal | Apply to YC | Contact

Search: