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Originally Posted by Kevin-SFBucks
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.
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the problem is that the copyright act is giving you a conditional right to a monopoly for your produced content. Without the copyright act all content produced WOULD be public domain. You are given a time limited monopoly on your content in EXCHANGE for you honoring the "fair use rights" to your content.
"fair use rights" don't compete with your copyrights, they are a precondition to you being allowed to have your rights.
Arguing that your rights take precedent is completely against the act
That why judge ruled in favour of the BetaMax in the landmark case
because the new technology finally allowed for a "fair use right" of time shifting. Before that point content producers could claim that they were not violating the "fair use right" of time shifting because there was no way to provide that right.
After the VCR was created that unserviced right was available, the content producers had two choices
1. use some of their monopoly profits to fully provide that now obtainable right (by providing the videos of tv shows for order for free)
2. Go after only those people that they could prove were using the techology in an infringing way.
They changed their business model (by moving from film to tape) so that they made money on the technology, and stepped up the enforcement (going after people who bootlegged tapes for sale). They let the other piracy go unpunished because it was less costly then fully providing for the fair use rights.
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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.
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No i am saying meet your obligations under the copyright act
if you believe that obligation would be cheaper to meet by allow the piracy to continue then that is your choice.
If as you say 99% is piracy then provide perpetual access from your site to all content that was accessable during the membership term.
or change your model like TV did, add audience interactity (american idol, dancing with the stars) or move to live (big brother, etc) so your income is not aversely effected by the new fair use obligation created by the technology finally getting to a point where the right is obtainable.
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(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.
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your trying to use a conditional right (i have a right to beer IF i am an of age) to justify taking away an unconditional right.
Your copyright protection is the conditional right. It is conditional on you honoring fair use (read the act). because "fair use" is explictly excluded from being considered infringement.
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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).
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then do it use the surplus MONOPOLY profits that the copyright act provides you to fully provide all legitimate uses access to your content. Eliminate the "fair use" justification that is currently protecting the actions of the TPB.
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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.
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copyright is a conditional monopoly to have the protects you have you must honor "fair use". I don't think you will successfully be able to convice legislators that you should have right to protection when you are deliberately trying to avoid the obligations of the act.
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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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it was not an analogy i was giving you an actual example from my actions.
my dad bought windows xp home edition upgrade . It did not work because i had told him to upgrade to windows NT instead because it was more stable that windows 98. We threw out the old windows 95 cd he had bought. so i downloaded a copy of windows 95. The install asked for a previous legal licienced copy i put the disk in for 2 minutes and it did the upgrade fine.
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Your argument doesn't hold water and is way to theoretical.
1- 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.
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Exactly my point TPB like you has "no legal jeopardy" for following the laws yet you want them to go above and beyond those laws to protect you.
Just like little johnny the people who are connecting to the swarm without "fair use rights" are fraudulently violating the TOS of the pirate bay.
The fraud is infringing users not TPB, why should they have to go above and beyond the law when you don't have to.
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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.
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Only a small part of my income comes from adult
I focus on sponsors who have changed their business model and gone live
I sell the live part. So my sales are not adversely affected by the piracy in question.
I suggest you look at the "piracy is good ???" video is on youtube.
There is only one flaw with the video, namely he failed to take into consideration the advertising model of product placement.
The reason why his "branding bug" solutions did not happen was because product placement would deliver the same advertising value to a much bigger audience (downloaders + tv watchers instead of just downloaders)
Other than that his predictions were spot on. TV has moved to live. The highest rated shows are live and interactive.