Re:Not Challenged based on fair use? (Score 1)

This is an excellent question. Fair use however perhaps ought not to be confused with the Sony ruling which was about Time shifting (not saying you're doing that, but they often get conflated).

Fair use, you may recall, only allows partial copying of a work for certain uses (social comment, research), not the making of complete copies for personal use, which is what most people want with their TiVo's.

I could be wrong, but my understanding of fair use is that it would not be helpful in such a case because of the strict rules about how much of an artefact can actually be copied.

The Sony case was more about personal use, with the likely understanding that copies would be temporary for convenience, not for long term archiving or sharing.