Copyright law to consider
Quote:
Originally Posted by ehintz
I guess it comes down to the laws; I don't know what they are here. Back in the States they would probably put some crap encoding in and then make it a DMCA violation (circumvention device), in which case most programmers would not want to play whack-a-mole (as the mole) with Sky. I kinda think that if Sky's gonna get ugly, they'll get ugly on an OS project and the members just as quick as if it's just 1-2 folks getting data. Maybe if it was hosted on sourceforge and sufficiently annonymized or something it would work. But again I'm still pretty ignorant of NZ laws so I'd be happy to defer to someone with an actual clue in that department... ;)
We don't have a DMCA (yet), but the existing copyright laws are hopelessly out of date (although a digital age update to the Copyright Act is coming this year we're told).
Because of the lack of recent updated laws, the existing precedents are used by the courts to determine copyright issues and I think you'll find that the rights in this area are pretty much all in Skys camp.
For instance, Sky could apply for a "ex-parte" (without prior notice) "interim injunction" against Tim, you me and everyone else who hangs out at his website, or who has a Tivo prohibiting us from touching their program listing info in anyway.
Then we could argue it court, but that would take 3-7 years as its a "civil matter" and/or it could cost us megadollars to try and get the injunction overturned. You could well be living back in the US before that got decided in court!
Secondly, they could apply [in extreme circumstances admittedly, but it has happened] for a "Anton Pillar order" which is a Search & Seisure order from the court, and this is carried out by the court in conjunction with their lawyers, not the Police [which is even more worrying actually].
Such an order could permit them (amoung other things) to seize every Tivo, computer and anything else possibly related to them you have in your house, your ISP or whatever - whether or not it had any Sky Program Guide data on it. Having all this hosted outside the US is good first step to protect against this sort of thing, but it only goes so far as at the end of the day you and your Tivos will be in NZ and thats the bits that can be subjected to NZ Copyright Law.
Basically, the guts of this are - let sleeping dogs lie - i.e. don't piss them off to such an extent that they (over) react against you.