[QUOTE=gideongallery;13135333]yes it is
when you claim the copyright protection of the copyright act you have to agree to support fair use provision, you can't have the protection if you don't want to respect the rights.
When you say you have to pay me MORE than you have to pay from a "fair use" method would charge that extra charge is an abuse of the legal monopoly that a copyright gives you/
The courts have recognized this, all you have to do is go back and look at the old microsoft windows cd. In 1995 the cds said "do not make copies". The only way to get a legal back up copy of windows was to call microsoft spend 19.95 and buy a media copy from them. UNTIL they got sued by a consumer group because they were violating the "fair use" provisions of the copyright act by denying people the right to make backups of their legally purchased copies. Look at a microsoft cd now and you will see that it says "don't make ILLEGAL copies".[quote]
People have a right to make a backup for themselves. Period... the end. They do not have a right to re-distribute randomly and blindly.
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If you want to respect the fair use rights of former customer you must provide the access at the same cost as the torrent sites (free).
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But it is not free (only to the end user, and again there is no policing of who the end user is. The internet is plainly different from the television market) and the torrent sites do not have distribution rights, nor do the end users (I fully expect that YouTube and it's clones will be seeing major lawsuits in the very near future addressing this issue from mainstream media). Further, TV Guide is a service that all major networks and cable services adhere to in order to promote their product (They do so in order to gain market share for advertising revenue based on viewership). I do not adhere to TPB or any other service to provide for the marketing of my product, unless they agree to my TOS and marketing agreement. I also do not advocate the usage of full episodes as marketing material. Fair use doctrine is delivered for you and for you only as the end user. You do not gain rights as a distributor or re-seller. You also have a legal requirement not to deliver it to others without verifying that they have a legal right to it as well or you place yourself in legal jeopardy. TPB is not acting as a TV Guide, for if they were, they would (just as TV Guide says) indicate that content is available at the following locations... meaning giving out the legitimate website of the content, rather than copies being rebroadcast without authorization.
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I will make it simple for you the law is a balancing act, your rights end the second mine begin. If a solution to your problem infringes on my rights then it is not a solutions. Especially when there is an alternative you are choosing not to exploit (going after the individuals who are actually accessing the content without any rights- ie the people who were not your customers and who are getting the content illegally)
The legal idenification that the torrent sites is the same legal idenification you are using to protect yourself from criminal prosecution.
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No my rights don't end the second yours begin. They are intended to co-exist and they are there to protect all parties equally. End users will find soon enough that if they are too fucking stupid to back up their content/software, etc, at the initiation of the usage, they will have no recourse but to re-purchase due to their stupidity. The laws for the time being are detrimental to the producers of the software and it's only a matter of time before the free ride is over.
I agree that a solution which infringes on your rights is no solution, but what you neglect is that the current solution is infringing on my rights. There is no defense to say that hey.. I wasn't the hooker, I was only the Pimp. Sorry, GUILTY.
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let reverse the question and see if you still support, you produce porn which some people recognize as legal but find morally wrong (christian right). Should those people have a right to break the law and hire hackers to take down your site.
I don't believe so. I say to them the same thing i am saying to you
don't like the law lobby to get it changed.
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The pushers in question, are located in Sweden, hiding behind Swedish law, pushing their wares to US Citizens. It is illegal in the United States to do what they are doing. Plain and simple. I personally don't want to have a presence in Sweden if this is what they can do there, but apparently I can't control it. But what I do want, is control in my home country. I want to know that this can't happen where I am abiding by the law, but they are not. I personally want their site blocked to all US customers (which would effectually shut them down as I am sure most if not almost all of their users are US based). Whether or not its moral vs. ethical here in the US is not in question. I am abiding by the US law, and they are not. If they want to push outside the US where it is legal.. fine.. go for it. I can't argue with that. But here in the US, they are standing on the other side of the curtain saying FUCK OFF. Fine, I will fight the international fight when I have the funds to do that, but they are killing my business here, by doing what they are doing. Further, if they would turn over their usage logs and tracker information providing me with the information of users, attacking the end user would be a viable option. They won't. Sorry.. we have a right to privacy here in Sweden. So.. the best I/we can do is go after the pusher. You won't give me the names and locations of the hooker and the john's?? fine... be all high and mighty. Tag you are it. You get to be guilty.
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they said the same thing about VCR when they came out too. the creators and sells of the technology were not responsible for it use, those that used it to commit the copyright infringement were (the guys buying hunderds of duplicators and pirating movies). It the exact same thing with torrents.
I have a right to use them when i have a legitimate fair use right just like i had a right to use a VCR.
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A torrent is not you using a VCR. It is you contacting a location to gain something where you have not made the original copy. Apples and Oranges just like you said. You make the copy to your machine, I have no problem with that. Your machine goes down.. I feel sad for you.. it happens to me to. You should have backed it up appropriately. You have no right to go to someone else to get what I rightfully control.
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Attacking the trackers i use is the equivalent to destroying my VCR.
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The tracker is not being used as a VCR. It is being used as an indexing device. A VCR does what you tell it to. You are the control of the system. The tracker is providing you a listing of all available materials without regard to whom you are or what you want. It doesn't know if you have a right to what you are getting. In regards to your cable TV scenario, if you don't pay the cable bill, you don't get the show.. it doesn't matter if the VCR works or not.... in the torrent scenario, there is no control whatsoever to determine whether or not you deserve to have a backup
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see i disagree with this because you guys are avoiding the legal actions that you have a right to do (go after the infringers individually) for the cheaper easier and illegal method of hacking the site.
if you want to talk about potential solutions that still protect the fair use rights granted under the copyright act, then hit me up by icq.
I am involved in one such solution, it a mainstream project targetting tv shows and movies but it can work in the adult world just as well.
i would produce an adult version but the "when you do it, it's wrong but when i do it, it's ok attitude" would make it a much bigger up hill battle.
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Legality is about going after the biggest fish first. If I can kill the source, the end users become irrelevant. The end users on the whole are not my intended consumers, otherwise they would go to my site and purchase legally. TPB is indexing content to provide to users that have no intention of using legitimately. They do it proudly and they do it under the guise of legality. If I had my choice of paying attorneys fees to stop TPB and the likes of them vs. attorney's fees against 50 million down stream end users.... all I have to do is stop the torrents and win judgment against them.. which is a much more reasonable path than chasing down 50 million guppies.