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Originally Posted by gideongallery
at no point did i say that all the users were legitimate i am saying that some of users are legitimate.
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You are saying that some of the users are legitimate, which in turn proves my point.. that the usage of it infringes on the legitimate delivery of protected content. You may not be infringing (my post the other day indicated there are 4.8 million torrent requests daily at TPB... what do you think the percentage of legitimate ones are???? I would venture to say less than 1%). We are not dealing with a lot of customers like you in this instance.. we are dealing with people that are essentially chopping up cars and selling the parts. You getting your interests is not even important to them.
You protecting your "fair usage rights" is competing with my protecting my delivery rights. Your solution is allowing unfettered access to everyone. Essentially, by requiring your "fair use" (which really isn't fair use at all.. just for you), you are demanding, without saying so, that everything become public domain.. everything is not public domain nor should it be.
Just because you have a right to something, does not negate the fact that protections should be in place to stop those who do not have the right to it (You have a right to buy beer (I assume you are 21 and I assume you live in the US.. although probably not based on your fighting stance), but we still require you to show your ID. You can get all pissed about your right to what you have the legal wherwithal to obtain.... but when it comes down to it, the regs are there to protect you and those that should not have it). You scoff my complaints and say I don't want to go the extra step to chase down abusers, when in all reality, the more logical and prudent solution is to stop everyone and ask legitimate users to provide verification of whom they are and their claim. I could justify paying a staff member to deal with customers in this regard. I can't afford an attorney to chase down 500,000 individuals that are violating copyright laws (no one can.. not me, not vivid, not Hustler, not NaughtyAmerica, not BangBros, not RealityKings.. none of them. Even as a group we couldn't afford it. There is that much abuse going on). True freedom is not freedom at all, it is just a comprimise set down to protect the masses from themselves.
When it comes down to it, yes, laws and regulations are created to protect the many, not just the individual. It also comes down to cost. Which is worse.... Taxpaying entities (producers of content) getting fucked over and losing hundreds of millions of taxable dollars worth of value.... or individuals such as yourself having a slightly more difficult time getting back-copies of items for whatever reason. I will have an easier time convincing a legislator to make sure I can pay my taxes (rather than allowing things to continue so that our sales drop dramatically or we all go out of business) than I will that you aren't getting your back episodes of Gilligan's Island on time.
BTW, your Windows 95 analogy made me laugh... going so old school on technology for a reference.. but it certainly was valid.
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i could use the same arguement with your porn sites, you could ask people to prove that they really the owner of the credit card before you accept it. You don't do it because it your not LEGALLY REQUIRED too. Selling porn to a minor (if done deliberately) is far more sever crime than copyright infringment. If you want to eliminate "mental intent" as a requirement of the crime, then you have to be willing to go to jail for 3-5 years when you choose not to fully verify that the person is actually the age he claims he is.
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Your argument doesn't hold water and is way to theoretical.
1- Yes I am Legally Required to and Yes I do make every attempt to verify the owner of the credit card. You must have the Name, Card Number, expiration date, CCV code, address and zip code. Further, if the card has been used fraudulently in the past on the web, it is flagged by the processor and not accepted. Should little johnny use daddy's credit card, I have made every good faith effort to verify that my customer is legitimate. Unless I am pandering to minors, which I don't, this becomes a fraudulent sale at the fault of johnny, not me. I have no legal jeopardy for following the laws and VISA's regulations.
2- Selling porn to minors is definitely a huge crime (I don't sell to minors. If they fraudulently enter my site, as I said above, I have made every effort to verify who is the holder of the credit card). What's the punishment worldwide for delivering it to minors? Wow... that's one I haven't even thought of before... thanks for that epiphany BTW.. i will have to check and see if they are using that angle on the fight with these bastards.
TPB is providing access to anyone... ANYONE.. no checks.. no balances.. just here you go. I couldn't send my 12 year old into the adult bookstore to get a magazine or video, but I could sure let him online accessing things there.
Again.. my point.. which you keep knocking down just because you want your backup of Win95 without restriction, is where is the protections against theft, against underage delivery.. against all these bad things?
Seriously.. what do you do in this industry??? Do you run a TGP or a Blog or something that makes money in the industry? Because if you do.. I am soooooo amazed that you don't see the damage that is occurring. You can play attorney or litigator all day.. but it neglects the reality of the situation.