[raynr]

To be more specific, the Betamax case is the reason a specific person can store a copy of a TV recording that they made, for timeshifting purposes, because SCOTUS held that that person's use of the recorded TV content, in that circumstance, was fair dealing with respect to the recorded TV content. And that's it.

If you provide a recording service, you had better be as close as you possibly can to that fact matrix. Any hint that it's you, and not your users, who are doing the copying, would attract the wolves.

Also, this focus on who is doing the copying has been looked at enough in different jurisdictions around the world that it's probably not worth the risk testing it. Germany (Save.TV, Shift.TV), Japan (Rokuraku II), Australia (Optus TV Now). Don't quote me on these, this is off the cuff.