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Wouldn't the creation of buffer copies in electronic devices make all users of such devices infringe on copyright law?
Anonymous3 views5 answers
Many electronic devices, such as tablets, cell phones, computers, digital televisions, and others create a buffer copy so that the devices may function. By copyright, it would be up to the holder of the copyright to decide who can make copies. Thus, wouldn't there technically be some sort of copyright infringement if one were to use any sort of electronic device that makes buffer copies? For example, if one watched a movie on Netflix or a video on YouTube using a streaming medium, it would make a buffer copy so that that individual can watch it. Is this legal, or does the buffer copy render the use as copyright infringement? This individual has no intention of distributing the material, but to watch it for personal entertainment.
Read the court decision linked-to below to learn why the very transitory retention of small parts of a streamed, copyrighted work does not infringe the copyright in the work [start reading at page 127]. A longer retention time or storage of a larger portion, or both, would change the analysis.
This sounds like a law school exam question. In any event, if this is a question that teally interest you, feel free to consult with an IP lawyer who has experience in copyrights.
So I believe that the Cablevision case from the 2nd Circuit still controls this question and that at present, DVR, buffer copies, etc. are not considered infringement. There are many arguments and initiatives, such as the TPP that are lobbying for these core technical architectures to be licensed such as the buffer copy. This of course would amount to using highly technical circumstances to rent seek and would drive prices way up as ISPs and the like providing streaming media are then to acquire yet another license.
If you have real world concerns about this, I suggest that you consult with a lawyer in private and discuss your objectives in more detail. You can start by calling around to several for a free phone consultation, get some insights then pick the best fit to work with.
Best regards,
Frank
Natoli-Lapin, LLC
Protocols for management of bandwidth and storage are found in several formats. The Asker essentially asks if the streaming entity or the receiving entity, using such a protocol, has to be licensed to avoid storage comprising copying. Is such a license is inherent in Netflix or in the computer receiving the streaming content? Ask a Intellectual Property attorney and refer to Wikipedia for information.
The short answer is, "No, not necessarily."
The real answer to this question is, "This is way too complicated a question to answer for free." (I agree with the poster below who says it sounds like a law school exam question.) I could write two or three pages on it and barely hit the high points. Sorry, but it's just too big a question.
