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Originally Posted by RawAlex
You don't get it, do you?
The Pirate Bay fails the stink test because they specifically DON'T respond to notices of copyright material. You think "search engines don't have to", well, I got news for you dude. You need to go back and look at all that Perfect 10 has done with Google, from getting the image search function modified from it's original method to getting listings and domains removed from the SERPs.
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i was referencing the US law because you were making the arguement that it was "head of the pin" legal defence when it is not, pirate bay does not have to comply with DMCA because they do not have a US branch.
The companies listed do have to because they have a Swedish branch.
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Further, the piratebay not only operates the site (and profits from it) but they also operate the trackers, which is in integral part of the process of trading copyrighted material. Without the trackers, there would be no file trading. The trackers are the "closed network" (ala Napster) and steps could be taken at the tracker level to block copyrighted material. They choose not to do so, but rather choose to use this copyrighted material to make their search site more attractive to users. It isn't hard to see a direct relationship between the stolen content being offered for free, and that TPB directly benefits financially from the offerings provided by these trackers.
TPB could very easily exclude trackers that have copyright material. They choose not to, because it would kill the popularity of their site.
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I suggest you go to the reference
specs for the bit torrent protocol because your talking out of your ass now
the tracker intiates the handshaking between the peers, using the meta data of the torrent file. While there are ways to make it smart tracker to cordinate piece distribution (to maximize seed density) those are UNAPPROVED extensions to the protocol.
The meta data of the torrent DOES NOT contain any copyright material, it the seeder who are breaking the law (assuming they don't have an extended fair use because the government taxes media ala canada) not the tracker
what pirate bay could do is irrelevant it only what they legally must do that is important. The fact is you could give all your money to charity, you have no obligation to do so.
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Please consider http://digital-law-online.info/cases/37PQ2D1590.htm for an indication of how this works in the US (yes, I know, TPB isn't in the US... but I am citing it to show you how this stuff happens in the real world). Knowing supporting the operations of pirates and profiting from their actions, even indirectly, creates liability. It is one of the reasons why DMCA is such a powerful tool, because one the notice of liablity has been filed with a company, they have to work to take action of the liability is there to be proven in a court of law.
I think that it is clear that the MPAA, RIAA, and others are now very focused on TPB and the Swedish Government. I would not at all be shocked to see a combination of legal action and much more public pressure applied for the Swedes to take action to stop the very obvious and very blatant abuses of intellectual property.
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again you are trying to get a foreign country to obey US laws, the DMCA has many problem one of which is the false reporting of copyright infringements for what is fair use of copyright material.
all you have to do is a google search viacom vs youtube and you will see a documented record of this type of overstatement.
Viacom claimed infringement on anything that had their keywords defined (including fair use parodies) resulting in a massive INAPPROPRIATE take down request that banned a large amount of LEGAL content.