Except for all the pre-digital precedent that informs and agrees with my opinion.
> The shining light analogy is a little hyperbolic, I’m sure you know. Transcoding & streaming definitely is making a copy, because the bits exist in two places.
I don't think it reaches hyperbole. The bits only need to exist in two places for milliseconds. It should not count as a copy. It's only a copy in a pedantic technical sense.
> The point of copyright law is to give copyrights holder control over who gets to distribute and who gets to consume, and it may not make any difference whether there’s technically copying involved according to however you define copying.
Except they're supposed to lose a huge amount of control after the first sale. This feature of copyright is broken for digital items.
I mean, Europe's already working on it. I think we'll get there eventually.
And I'm not claiming most of what you seem to think I am.
> It doesn’t fall under first sale doctrine if you stream a transcoded copy of the DVD you bought. This is why the laws around digital distribution and copyright aren’t exactly the same as the laws around physical distribution and copyright.
I don't think transcoding should matter, at least if it's done on the fly, but also it's entirely doable to throw raw DVD bits over the wire. And neither one should count as a copy any more than shining light onto a book makes "copies".