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Originally Posted by gideongallery
so set your content management software so that their account has a permenant right to redownload anything they had access to until that date, nothing more. even if they only bought a 1 day trial for 3.95. THEN you can claim that pirate bays actions are 100% infringing.
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I have no problem with this whatsoever and is something I have considered doing.
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the problem with this statement is that you are shifting your legal responsiblity to service your customer to them. ARE you giving them your membership information so they can verify who has a right to what, are you paying them for the labour to do so.
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I am shifting my legal responsibility???? No, if they want to play as a re-distributor of my content, they must act as a subcontractor for me, not just randomly accept the ability to provide access to my files. I don't mind them taking up the bandwidth costs at all, but they can recoup their costs by charging for their service. That's the american way after all.. provide a service, make some money. It's what cataloging houses do for book publishers. They have the inventory and distribution costs and the original publisher gets a small fee (royalty). I don't like how it sounds already, but it is a much more acceptable option than piracy.
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by not fully servicing your customer fully you are creating a non infringing use of their torrents. A simple only download if you have a right to this content statement is all they need to do to protect themselves legally why should they spend any more money /effort than that when it is YOUR actions that create the situation.
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By not servicing my customer fully? My customer knows exactly where to find the content they seek. They can come back to me and get it any time they want. I have not created a non-infringing use of their torrents whatsoever, they on the other hand have created a quasi-legal path for non-paying users to receive goods that they have no legal right to. If they were transparent and actually policed the usage of their site, it would be evident that (in my estimation) 99.9% of the usage and downloads via their efforts are for persons that have no legal right to the services provided. That is my point... where is the policing? They are profiting based on a legal standpoint that is neither moral nor ethical... only legal where they are. That's it.
My actions have not created the situation whatsoever. Just as TPB, I have bandwidth costs, I have storage costs and to ask a customer to compensate for the recovery of previously viewed material is not out of line. TPB on the other hand, and other torrent sites, are using non-licensed materials (or the links to such) to profit where they have no legal justification to do so. They are providing the pathway for illegal activities. They don't sell the drugs, they just facilitate the transaction for a fee. STILL ILLEGAL.
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again your arguement is we should have the right to BREAK THE LAW because they are following the law in a way you don't like.
Until YOU remove the need for a non-infringing use you have no right to complain (see the VCR case).
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History is filled with actions by persons where the law didn't suit the needs of the masses and they took things to their own hands until matters were corrected and the laws were adjusted appropriately.
I don't advocate breaking the law as a matter of course, but in this case, you are standing on the justification that TPB is doing nothing wrong, yet those who attack them are. From the sheer legal standpoint, fine, I can accept that. But TPB is doing nothing wrong except for the fact that they point end-users to materials which are only to be distributed by the producer via one path of delivery. The argument that persons deserve the right to obtain copies of previously viewed content is just fine, right up to the point that 1- we don't know who the users are 2- we don't know if they have a legal right to obtain the copies and 3-the distribution channel is reaping financial benefits by acting as a distibution house for thousands of copies of digital media that they are not licensed to do so. 4- their fuck you attitude puts it right over the top. They don't care who the users are and they don't care that I am asking them to stop using mine or anyone else's materials. Their response is FUCK OFF.. it's legal here in Sweden.
Well a big FUCK OFF to them as well because the legal system isn't protecting the rights of the producers properly. If someone has the capability to shut them down via illegal means, I wish them the best of luck and I wish them the power to not get caught. It's not the best justification, but I'm sorry.. what TPB is doing at the most basic level is completely wrong.
If they want to be a distribution house for freeware and shareware, etc... fine.. go for it.. but if you don't have the power nor the will to police the content crossing your site (which they don't), then don't operate that way. They know perfectly well what is coming across their site and they revel in the fact that they can do what they are doing. They think it's funny. They are the weed smoking hippies stickin it to the man.
I don't feel bad for them in the least.
Two thoughts for you.
a- When someone purchases a ticket to a football game they have a legal right to attend. But if they lose their ticket, no one will let them into the game without proof that they deserve to be there. Further, no one provides them unfettered access via a different channel that hasn't been licensed. ABC, NBC, CBS, BBC, etc, have all had to gain the proper licensing to deliver content from the NFL. If TPB wants to license my content, they can talk to me (I won't give them a license BTW, I don't want to). But if NBC, ABC, CBS, etc ran football games without the permission of the NFL, you can bet they will get sued... and if the NFL couldnt' sue them because the legal system was fucked, they would find some other way to protect their product, which they have every right to.
b- What have you ever produced that you would like protected so that you are the one that gains the financial benefit from it? You seem to not care that the producers are getting fucked over here. Just because TPB has legal justification to provide the service to index locations of content, doesn't mean they are doing it the proper way. They are killing the people that make their efforts possible. When they bleed the producers dry because we can't afford to put out content when a day after you release it, there is free access to it, what occurs then? TPB declares victory because they have not only shown that they are above criminal action, but that they also killed the ability to do what they are doing? makes No sense at all.
So like I said.. why the support for the guy that even though he has justification for what he is doing, is also doing something completely wrong... just flat out wrong.. and they know it.
If you are saying that the big networks are more at fault for hacking their systems, then you just don't understand that torrents are killing legitimate production, or you sympathize with their outside real world and civilized world actions. Either way, that puts you on the other side of the fence, and in my opinion, the wrong side of the fence. And when you classify yourself there, you have just gone to war with a whole class of people losing a lot of money for legitimate business efforts.
Yes I support them getting more than they have done to all of us. By whatever means necessary. If the law can't help you to protect yourself the legal way, then at times going about it illegally is the only action you have.
You act smart, and you were probably great at debate in high school, but stop fucking around just to piss people off to show that you are smart and understand the situation. Torrents don't deserve to do what they are doing without legitimate policing of their efforts. It will never happen and therefore they should die quick deaths.