2007-08-14, 08:44 PM
PVRity Wrote:MCE is probably one of the strictest TOS around. I looked at Y! and did not see anything similar. So let's look at MCE's TOS: The underlined portion that says "The EPG may only be accessed with an authorized personal computer using the Product" allows access with MCE, and I agree if you haven't paid for MCE and don't use a computer with MCE to d/l the data you are not authorized to access their EPG.
The underlined portion that says: "You may not modify, copy, distribute, display, perform, sell, lease, license or create derivative works of any information obtained from the EPG" does not seem to me to prohibit personal use. I think we can eliminate "distribute, perform, sell, lease and license" from consideration since personal use does not include those things.
I think "modify, display and copy" have to be read in light of the license which clearlry allows use of the data for a PVR (MCE). If you tried to read this so strictly that you couldn't even display the info on your monitor, or make a backup or copy it into RAM or copy it onto your HD, etc. you couldn't even use the EPG data for MCE. Since the license does not say you can copy it for MCE, but not for a similar PVR, any copying modification or displaying allowed for MCE is allowed by the license and anything allowed by the license that is not specifically allowed for only MCE is allowed - even for another PVR (provided that Microsoft has been paid for the EPG by purchase of MCE.)
Finally, we don't have to worry about "create derivative works of information" A "derivative work" is a copyright concept and applies only to copyrightable works, not uncopyrightable TV schedule facts or "information".
Microsoft has lots of expensive lawyers to write these things. It's not that hard to write "You can't use the EPG data to schedule recordings with any other PVR program."
Add to these comments my personal belief that there are limits on the restrictions that Microsoft can impose, even by their written agreement, with respect to the use of uncopyrightable "information" (to use their own words from the license). When I pay for certain information (and I currently own two copies of MCE, one copy of an ATI Wonder program, a TiVo and Y! all of which supply the EPG data) I believe I have the right to make personal use of it. That right is even stronger when the information in question is not copyrightable.
I guess the bottom line is that whurlston is the one writing the code, so I guess what the coder says goes. There are a couple of other alternatives that will still be developed if you feel (as I do) that using "free" EPG data is worth the extra hassle of setup. I agree with you 100% about letting the user decide what to do - I said as much in another post somewhere here.
As fun as debating this is, I've chosen not to continue despite my belief. Why? If SD fails we'll need folks like whurlston to help with this again! I'll agree to disagree, as whurlston said, with those on the other side of the fence.
