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so that arguement is total crap. Quote:
that site removes any content that has not aired on tv direct to dvd stuff like bsg the plan are not allowed until they air on tv (and therefore fall under the fair use doctrine of timeshifting) Quote:
it doesn't have to be public domain to be legal. It not stolen period. Quote:
like i keep saying leave the tracker alone leave the seeders alone leave the leachers with a fair use right alone go after the leachers with no fair use right given the fact that 99.5% (according to the US census) have at least 1 tv (95% have two tvs or more) that only .5% of the population. Quote:
It is interesting how you are calling me on doing the exact same thing as the thread starter Gotcha Quote:
So why the fuck do you believe that it ok to take away the fair use right that have ALREADY BEEN ESTABLISHED every time a new technology is created to allow you take advantage of that right. Quote:
The US law was the last one to make that decision Canada made that ruling years ago The EU is further a head not only making that ruling years before canada, but establish the bases for ACCESS SHIFTING (1 download != 1 lost sale). I have predicted for more than 2 years that US ruling would happen BASED ON THE PREVIOUS RULINGS from CANADA and EU. Now that it finally equal to every where else your trying to argue that those previous ruling disappeared. WTF. |
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i bet you are all talk jack.. Quote:
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Gotcha Quote:
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Nobody is trying to "take away" fair use, timeshifting for yourself should be legal. The problem arises in the "cloud". The "cloud" is vastly different now and we KNOW the cloud is being abused, yes laws should reflect the fact that the "cloud" had very little impact on the revenue of the copyright material in the "cloud" years ago. Now the "cloud" is having a huge impact on the ability for copyright holders to profit from their material. Quote:
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Same thing worked for empflix too btw, got a bunch of our videos removed from there.
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you made the arguement that every torrent site has stolen content on it i pointed you to a torrent site that was dedicated to tv shows after they aired only. Where the only purpose was the moving of the viewing time of show from day 1 to day 2 Since moving a show from day 1 to day 2 is the definition of timeshifting... the only way you can argue that meets your definition is to argue that right doesn't exist. Which is the point i was making with the CP reference, it only by reclassifying fair use out of existance that you can claim that EVERY torrent site is filled with stolen content. Quote:
satisfies this standard of noninfringing uses both because respondents have no right to prevent other copyright holders from authorizing such time-shifting for their programs and because the District Court's findings reveal that even the unauthorized home time-shifting of respondents' programs is legitimate fair use http://supreme.justia.com/us/464/417/case.html as for the cablevision case i discussed it quite completely http://www.gofuckyourself.com/showth...a+cloud&page=4 i quoted from the ruling multiple times and covered all the points you made and some you haven't yet (but suspect you will given your later statements) and all the shows on tv are free right ? everyone gets every channel free ? Quote:
i defend fair use, not copyright theft, there is no theft because as i pointed out fair use is not an infringement. each country has fair use doctrine in their copyright act, the commonality is what i am referencing when i mention one ruling will (future tense) apply when the issue is addressed in that country. Quote:
timeshifting format shifting backup recovery all court established, they could be established because the copyright act specified rules for the creation of new fair uses. Those rules make any of those court established fair use JUST AS VALID AS THE ONES GRANTED EXPLICTLY by the act. Quote:
re read the quote "a new technology is created to allow you take advantage of that right." the new technology is the swarm. Timeshifting using a swarm is superior to the old pvr way because their is no limit on storage space (swarm = infinite storage), it never loses power, misses a show due to user error, never loses the content due to accidental deletion, allows me to jump into a show after it aired for months, etc. Your talking about denying a person who only torrents tv shows that he bought a right to view (by subscribing to the cable stations necessary) the extra benefits of the new technology simple because you don't want to go after the people who didn't buy that right to view. THAT IS EXACTLY what i was talking about. Quote:
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if country a makes ruling 1 and country b relevent copyright laws are worded the same as country a laws then when ruling one goes in front of the courts a similar ruling should LOGICALLY happen That the bases of my predictions (all of which have been right so far) |
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i am sending those fuckers an email as well
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lets see this LAW that says timeshifting tv shows is fair use, post it , dont post links to other links that you spin more bullshit. If you search a crack dealer without telling him his rights, the case will likely be thrown out , doesnt make selling crack legal. and all the shows on tv are free right ? everyone gets every channel free ? Quote:
oh wait you never said that and i never said rico was part of the copyright act.. Quote:
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the courts may have ruled for or against certain cases , doesnt make other cases legal. but dont take my word for it. start an hbo timeshift website and see how long you last, you talk alot of talk yet i dont see any action.. Quote:
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please tell me the logical ruling of every court case currently awaiting trial as you are obviously much smarter than a judge or any lawyer.. as you can predict results without having even heard evidence or sat at a trial. Quote:
If you talk yourself in circles because its fun to do , then by all means go right ahead , if you actually believe half of what you say, you have serious problems. |
He is the 310th busiest web site on teh Internets! Do you really think he has time to pay attention to DMCA notices from someone with a site way back in the 40,000's?
Bitch please... He is going to send you a bill for his hookers and coke since you killed his buzz! |
This adult biz is so funny.
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Got a producer account from them today, it works accross their network of sites (tnaflix.com, empflix.com and moviefap.com) - allows to flag content as infringing and it gets immediatly removed (for later review by their administrators, if they confirm removal will stay permanent).
Asking them for a producer account was really a long shot in the dark, I'm actually quite surprised I got it, given their reputation. But now I have to admit that within the current laws, they did their due diligence - they complied with DMCA request, they hooked us up with the producer account, and they've also added our sites to the list of forbidden content. However sad, but within the current legal environment we cannot press for more. |
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oh wait vcr were legal and only the people using them in that illegal way were convicted sort of like "go after the leachers without a fair use right to the content" Quote:
IF what you were saying was legitimate and the precedent would have to be established with every new technology Tivo /pvr would have had to gone to the supreme court too. The precedent (with the established right of timeshifting) protected all the other technology that came after it. Quote:
that the way legal precedents work Quote:
just because there is no law that explictly saying that timeshifting is legal doesn't make it illegal. Quote:
the court case doesn't say that it would be a crime if they had been notified but because they weren't they get off it says that the action was not an infringement. If you want to use your drug analogy, the crack dealer example you gave would be not complying with the appropriate takedown request of the country in question. And fair use arguement would be trying to bust a medical marijuana store for selling weed. Quote:
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go after the leechers who don't have a fair use right to the content do you not understand. Quote:
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the fact is you don't have a right to force people to obey US laws, they don't take precedents over the other countries laws. The subsequent arguements about the legality of timeshifting under US laws don't change that fact. Quote:
you on the other hand have done no such thing. Show me one case where the issue was brought up and a judge actually ruled it doesn't apply. The only convictions you can point to are ones where those key issues are hidden. Quote:
you are demanding that i show a law that says timeshifting tv shows is legal but when i show you a court case you say that doesn't count Quote:
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you argue that they are "completely unrelated" but fail to document one failed precondition that could be used to argue that timeshifting in a cloud ruling doesn't apply. Quote:
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go thru the previously quoted thread where i discussed this stuff with Nautilus he brought up a laundry list of "failures" that would make swarm illegal while still allowing ruling to be true. I answered every one of them, sometimes multiple times. If you want to make that arguement you need to show a difference that was not covered by the court case, one that is distinct enough to justify a ruling of liability Your next one is most definately not it because Quote:
It didn't make VCR illegal hense it doesn't make the torrents illegal either. Quote:
That the principle of the legal system, precedents are established you try and extend them to apply in new ways. However once they have been extended they DO apply to all cases. Can i predict the extension no, can i predict the ruling after the extension has happened yes. Judges are bound by those previous rulings. Lawyers are paid to know those rulings. IF the legal system was a crap shoot where any judge could make up a ruling how he feels the world would be chaos. Quote:
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I guess it all depends on how big the pressure is :) |
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http://thepiratebay.org/legal Now their arrogant attitude was stuck up their own asses, hopefully those skinny farts will suck some Bubba's cock all the while they're in jail. But they were not compliant, while the tubes in question ARE, that's what makes all the difference. They comply with takedown requests, they have producer accounts with the immediate take down option, and they have a no-upload list. What else could be required of a public service under the current DMCAish legal climate worldwide? Not much I guess. Of course we'd want them to be responsible for checking the legality of every uploaded video - but that's not required of them by law and they're not going to do that. They're only required to do their due diligence in assisting the copyright holders (which they did), and thus they're clean until the laws get changed. Aside from patroling their sites daily, there isn't much more that we can do now. |
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http://www.gofuckyourself.com/showpo...&postcount=258 Seeder IS and infringer because he has no business sharing his copy with others (outside of the usual circle of family and friends). If you want to continue please either bump this old thread or start a new one - do not post in this thread anymore, it is for people who need to actually have some business done. |
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There is no such thing as "I-have-no-responsibility-if-I-write-so-and-until-someone-tell-me"... The "forbidden list" does not make a difference, because an infringement is still infringement, whether it is on a list or not. That list tells me only about how many infringments are going on, and if the list had 0 names, then I would have more "respect" for their "moderation"... Same with other illegal stuff - you can't claim not-guilty, if you only react when police knock down your door for the 107th time in a week. It's the obvious activity, that matters, if a case were brought to the court. They tell surfers to upload and become "king of porn" and "btw, go ahead and upload, as long it's not on our list". How do you think that would be judged by a court? Well, look at the arguments brought up in the piratebay case. The commercial interest too, does not favor the host... As I posted above, on their FAQ they claim they check *every* upload before published: http://www.tnaflix.com/faq.php ...which is the opposite of what they claim on their dmca page: http://www.tnaflix.com/dmca.php So, if they check before published, then there are no way they can deny knowledge of a watermarked movie published on their website, and thereby they can't use the dmca loophole :2 cents: |
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And our videos didn't even had watermarks on them - that was the mistake we made years ago that still haunts us (lots of our unwatermarked videos flying around). |
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There is no such law and you made it all up in your head. Quote:
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Thats why copyright cases are often won and lost , because cases are different. Quote:
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Pawnshops have certain rules they must follow above and beyond what would be required by a normal store because its obvious they are used to procure stolen goods. you catch my drift.. if you want a cloud by all means, but you must first make sure the cloud isn't being abused , otherwise you are devaluing the content. Quote:
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20 years he is still selling crack , must be legal then according to gideon :) Quote:
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Just because you claim it , doesn't mean the court will accept your arguments.. Quote:
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Common misunderstandings of fair use.
Fair use interpretations, once made, are static forever(MYTH). Fair use is decided on a case by case basis, on the entirety of circumstances. The same act done by different means or for a different purpose can gain or lose fair use status. Even repeating an identical act at a different point in time can make a difference due to changing social, technological, or other surrounding circumstances. |
there goes gideons whole argument lol
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you repeatedly tried to argue that interpretation given is completely false because if you did the same thing as a server it would still be illegal. I pointed out all of the key differences multiple times Quote:
IT a very important difference, vcr could be used for infringement but that infringement is not directly controlled by sony. you did it multiple times btw. Quote:
and to your attempt to claim that when i leecher who doesn't have a right does leech trying to stick the seeder with the liablity too (same point of your last post, and your current statement) Quote:
"How can a seeder argue he didn't know unathorized copies will be created, if there's no system in place to check wether other users have fair use rights or not?" Quote:
the answer to the is the same as i have repeatedly given(direct vs indirect). since in the very first answer i specifically said Quote:
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The law includes both the statutes created by the congress and the interpretations made by the courts. No law says producing porn is ok, it was considered prostitution until someone got a court case that said otherwise. You want to exclude all court cases, to argue that fair use doesn't apply fine, then you have to ignore the court case that makes your business legal. IF that is the case it the equivalent of a drug dealer going to the cops to complain about their coke being jacked. Confess to that amount of possession and you are going to jail. You can't have it both ways. Quote:
You compared it to a case of drug dealer who get off because the cops failed to read him his rights. Which means if he does it again, and they read him his rights this time he will get conviced (it is a crime, but got off on a technicality). that the difference Quote:
They each have their own paperwork, requirements and so on. Many countries still have the get a court order before we do anything protection in place that the DMCA replaced. Quote:
if they found it to be an excuse they would have ruled that it did not apply, so no that not what i mean, i mean the prosecution knowly made an arguement that was invalidated by the ruling (like nautica let keep going back to being it illegal if i put it on a server) and you havent done it yet. thats because thats not what i asked for.. if i ask for an orange and you give me an apple, dont be suprised if i say "that is not an orange" post away these interesting "made up in your head" facts :) actualy you said no i base my thoughts on reality pretty much. I dont walk by a crack dealer and say"must be legal" , i say "that shit is fucked up" http://tenderloin.net/images/dealerphone.jpg 20 years he is still selling crack , must be legal then according to gideon :) and so will your cloud/timeshifting bs.. just wait.. just to let you know , you are the only one on the planet who thinks a vcr is a torrent website.. with the exact same criteria, if there are other factors the result can be much different, thats why even though parody is "fair use", parody cases have been lost , why because the addle brained idiot who argued it was "parody" got shot down.. they THOUGHT what they were doing was protected, and up until the court case they probably sounded very similar to you , bantering on about other court cases with parody etc etc how long they hve been doing it etc etc no actually you cant , or you would be a billionaire.. sorry you lose. Ever heard of the term "delusion of grandeur" yet they often rule the opposite of a previous ruling... Just because you claim it , doesn't mean the court will accept your arguments.. says the guy who admits he injects homless people with acid.[/QUOTE] Quote:
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Nautilus, I don't think anyone can claim "safe harbor protection" (which is a U.S. thingy btw), if it is quite obvious that assistance, or even conspiracy, is taking place. The piratebay case has already proven that, and when that case is finally closed, I think there will pop up tons of other cases. No matter how much legal mumbo jumbo is written and arguments are made, you can't satisfy both pirates vs. copyright holders, and at the same time have own commercial interest from it vs. protection against spammers, because the bigger it gets, the more conflicts arise. For instance, if they eventually "thought" it was commercial upload, why not remove it when the term of use is "solely for personal, noncommercial purposes" :upsidedow
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Debating law on GFY is so retarded.
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this was a thread for content owners to get some help with making shady fucking websites comply with dmca and as usual it got derailed by convoluted armchair legal arguments and bizarre vcr analogies.
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that abuse email is dead for me now
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The law includes both the statutes created by the congress and the interpretations made by the courts. No law says producing porn is ok, it was considered prostitution until someone got a court case that said otherwise. You want to exclude all court cases, to argue that fair use doesn't apply fine, then you have to ignore the court case that makes your business legal. IF that is the case it the equivalent of a drug dealer going to the cops to complain about their coke being jacked. Confess to that amount of possession and you are going to jail. You can't have it both ways. Quote:
You compared it to a case of drug dealer who get off because the cops failed to read him his rights. Which means if he does it again, and they read him his rights this time he will get conviced (it is a crime, but got off on a technicality). that the difference Quote:
They each have their own paperwork, requirements and so on. Many countries still have the get a court order before we do anything protection in place that the DMCA replaced. Quote:
if they found it to be an excuse they would have ruled that it did not apply, so no that not what i mean, i mean the prosecution knowly made an arguement that was invalidated by the ruling (like nautica let keep going back to being it illegal if i put it on a server) Quote:
your arguement is that it not legal because the law doesn't explictly say it is legal. No law has been written that says it legal therefore it not legal The opposite of A>B is not A<B but that basically your flawed arguement The opposite of A>B is A<B or A=B. in this case you are ignoring the second part (court precedents). considering you work in an industry which only exists legally because of a court precedent. (according to the written law, all porn actors are guilty of prostitution and all producers are living of the avails of prostitution) you should understand that fact better than anyone. Quote:
i did it against ABC when they asked my isp for my information because i download lost from the torrents another new york lawyer has done it too. now if you have to ignore court precedent to justify making torrenting illegal so be it but that would mean that your entire business is a crime that you deserve to go to jail for. Quote:
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I don't make the arguements based on the lower court rulings that may be overturned up the scale even though many are on point exactly (New york lawyer case i mentioned above) i talk about the supreme court rulings. Quote:
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There is no such law with any such wording.. Quote:
Just to repeat incase anyone actually starts to believe gideons bullshit about some old case about vcr's means everything is just fair use. ------------------------ http://en.wikipedia.org/wiki/Fair_use Common misunderstandings of fair use. Fair use interpretations, once made, are static forever(MYTH). Fair use is decided on a case by case basis, on the entirety of circumstances. The same act done by different means or for a different purpose can gain or lose fair use status. Even repeating an identical act at a different point in time can make a difference due to changing social, technological, or other surrounding circumstances. |
keep trying gideon, you fail.
when you say things like "parody is a bad example, because the EFF just extended it to include just changing the subtitles. " everyone here knows you're full of shit. As i pointed out , its a common misconception ( aka myth ) , so don't feel too bad , there are many other idiots who were just as dumb apparently :) |
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Same goes for tnaflix e-mails, they've got a similar support tickets system which auto replies with a link to track the progress of your request online (which surprised me a lot they have such a system, but they do). Also make sure to include necessary keywords in your e-mail title, their hoster mentioned they get tons of spam, as well as their client so maybe they have some sort of filtering system in place. I used the following subject line which went through in both cases: "Copyright infringement (DMCA) - immediate attention required" And also make sure your DMCA is properly formatted, using this template for example: "To Whom It May Concern: 1. The copyrighted work that has been infringed is the copyrighted content of yoursitename.com found below on your site: 2. http://www.tnaflix.com/yourvideo1 http://www.tnaflix.com/yourvideo2 I, the undersigned, do solemnly and sincerely declare and CERTIFY UNDER PENALTY OF PERJURY that: 1. I am authorized to act on the behalf of Your Company Name and yoursitename.com 2. I have a good faith belief that use of the copyrighted content described above is not authorized by the owner, its agent or the law. 3. To the best of my knowledge the information contained within this notice is accurate and correct. Location of ORIGINAL WORKS: http://www.yoursitename.com Signed, /s/ Your Name Your Company Name [email protected]" Replace bold with your actual data. Also make sure to send your DMCA to BOTH tnaflix and nlforce, their hosting needs to have an official and clearly written document to react upon, not just a vague complaint "your sonofabitch client wouldn't remove our vids", they also need to see that this complaint was sent to their client too (otherwise they'd tell you to send DMCA to the client first, or again, probably they didn't get it bla bla bla). |
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really post the quote then. I never said the copyright act said "timeshifting" "tvshows" i never even said that it EXPLICTLY grants the right, i have argued enought times that fair use rights like timeshifting backup recovery and format shifting were all established by the courts after the act was founded, because fuck nuts here keep trying to argue that the only valid fair use rights were the ones defined in the ACT. Quote:
pandering,? defined as ?procurement of persons for the purpose of prostitution? every single producer and actor is in volation of these statues every time they have sex on camera. The only reason you are not convicted is because of a court case, which justifiable covered the action of filmed sex acts. (people vs freeman) Quote:
every porn actor is performing a lewd act between persons for money or other consideration every modeling agency/film producer is procurement of persons for the purpose of performing a lewd act between persons for money or other consideration Without that court case and the precedent this industry would not exist. Quote:
i suggest you read more than the summary read the linked references Quote:
that 1 cloud based PVR is legal but another used for the exact same purpose on the same internet, is not is not what is ment by that statement. IT only because you stopped reading at the summary (and your an idiot) that you come to that conclusion. Of course for someone who doesn't know enough about his own industry to know how the court case(not a written law) people v freeman change the criminal act of prostitution (he was convicted at the lower court level) into the perfectly legal industry sort of make sense you would make that kind of mistake. |
gideon is:
1. an idiot 2. not even a webmaster why are people talking to him |
lol @ gideon trying to back peddle. you are right gideon , everyone is wrong except you. harvard law is wrong the supreme court is wrong . wikipedia is obviously totally wrong. Every argument you make is an extrapolation you think up in your head.. changing a subtitle does not make it fair use because one guy won a case on his particular facts.
PAY CLOSE ATTENTION Common misunderstandings of fair use. Fair use interpretations, once made, are static forever(MYTH). Fair use is decided on a case by case basis, on the entirety of circumstances. what part of that do you not understand. |
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