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I don't think that analogy holds because the "recording" is being done by a third party service. I think a better analogy would be a business where you called and requested they record songs X, Y, and Z off of the radio and send you the cassette. I'm pretty sure a service like that would have been shut down in "ye olde days".

A tape recorder would be more like using clive and ffmpeg to strip the audio yourself. As far as I know, clive and similar tools have never been hassled by YouTube/Google.




Recording by a third-party is exactly what Cablevision does with their "remote storage digital video recorder (RS-DVR)" service and they won in court: http://en.wikipedia.org/wiki/Network_DVR#Cablevision_litigat....


Why not contract out recording? The cloud dvr case came out fully in favor of it, as long as recordings were per-customer.




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