Quote:
Originally Posted by RawAlex
Tee-hee snicker. I always love these sorts of idiotic arguments.
Search engines (based in the US) are obliged by DMCA notices (again, see perfect 10s actions). Items get removed all the time from Google because they have been notified. Further, google also has taken steps to block access to sites that have malware or viruses on them.
Google pays attention to DMCA notices and takes action. TPB does not. In fact, TPB is quite proud and adamant that they remove nothing ever. A "fuck you" attitude for sure.
As for TGPs, well, again... if someone contacted me and said "the galleries you are linking to here, here and here contain stolen material" I would contact the owner of those sites and ask for information. It is my OBLIGATION under DMCA to do exactly that. When in doubt, I would remove the content.
I would not knowingly link to stolen material, as I would not knowingly install a virus or a malware installer on my servers, nor would I knowingly link to them.
Good businesses don't do it.
There is no "loop hole". I dare you to set up a TGP that links to CP for a little while and see how long before you site gets shut down.
|
pirate bay does not have to obey DMCA
just like you don't have to obey PIPEDA.
without the safe harbour provision of the DMCA you would be liable for the contribuitory infringement automatically. The ability to remove the offending content is WHAT GRANTS YOU PROTECTION.
Pirate bay only has to obey the swedish equivalent to be immune to the contribitory infringement claim, and since like canada they don't have a contributory infringement (i think it is for the same reason as Canada because recording media is taxed and the taxes are paid out in support of the entertainment industies that are being infringed) they don't have to do shit to avoid the lability.
Get it thru your thick skull, if they were in US (without taxes on media as a payment for infringement) their actions WOULD BE A CRIME, because they live in a country where contribuitory infringement is paid for by the government they are not guilty of any crime.
Just because you are too cheap or lazy to setup the necessary company structure within that country to claim your share does not give you the right to violate US AND SWEDISH law to exact a type of revenge (yes US law makes paying someone to hack anothers companies site illegal)
Quote:
The laws are not strong enough, in fact, they are weak as hell. When it comes to copyright material, the rule should be "the user has to prove they have the rights" not for the real own to prove that they don't. The current system is bullshit, allowing companies to continuously infringe on copyright and just say "oops" and take the stuff down when they receive a notice, with one notice per item. It makes the process of protecting content often more expensive than producing it. It is a total bullshit situation that has allowed way to many companies to create sites with the "user sourced content" that is mostly just stolen from others.
|
AH THE GUILTY UNTIL PROVEN INNOCENT ARGUEMENT
are you willing to live under the same rules
so you will not list another gallery on your tgp until you have a lawyer go over every word of every contract to make sure that the content if properly licienced to be used in the way it is being used
if not this is EXACTLY THE DOUBLE STANDARD I AM TALKING ABOUT