Dexter
Arcane
- Joined
- Mar 31, 2011
- Messages
- 15,655
This is not about you privately installing a software or game on your cloud storage service, I think we've clarified this enough already. This is about Nvidia, if you (and some other people) don't want to get it it's not really my problem.Reversal of the judgment below need not threaten the legality of cloud computing. One function of cloud-computing services is to offer consumers more numerous and convenient means of playing back copies that the consumers have already lawfully ac-quired. A consumer’s playback of her own lawfully-acquired copy of a copyrighted work to herself will ordinarily be a non-infringing private performance, and it may be protected by fair-use principles as well. Respondent’s service, by contrast, enables sub-scribers to gain access to copyrighted content in the first instance—the same service that cable companies have traditionally provided. Unlike cable companies, however, respondent does not pay licensing fees to the copyright holders. A decision holding that respondent publicly performs the broadcast programs it transmits to paying subscribers will not threaten the use of different technologies that assist consumers in hear-ing or viewing their own lawfully-acquired copies of copyrighted works.
The bolded part is exactly what Nvidia is also doing btw., just replace "cable companies" with "Cloud Streaming/Gaming companies" or potentially "Digital Distribution companies".
Also see: https://rpgcodex.net/forums/index.p...ishers-pulling-out.132044/page-3#post-6556906
You even quoted the part that specifically tells you why it's different and what would presumably be allowed ffs:
This may occur, for example, when a consumer purchases a digital copy of a movie, uploads it to a so-called “virtual locker” service on the Inter-net, and streams a performance of the movie back to herself in a convenient way (for example, on a mobile device). The commercial entity that produces and sells the digital copy must obtain a license from the copyright holder, since those acts implicate the exclu-sive rights to reproduce and to distribute copyrighted works. See 17 U.S.C. 106(1) and (3). The consumer’s subsequent streaming of copyrighted content to her-self, however, is analogous to the private playback of a lawfully acquired CD or DVD, for which no separate license is required.
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