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Originally Posted by RawAlex
It is really simple: Does TPB have the rights to distribute this stuff?
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Wait.. Alex. I want to play Devil's advocate for a second.. K.. let me see if I can answer along the fuck off line properly...
They aren't distributing... they are providing a legal means by which the transfer of files can occur. they neither host the file nor have anything to do with the physical transfer. They only initiate the handshake. Nothing more.
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Don't go off on a tangent about them not technically distributing it, because they run the trackers that locate the material that is being downloaded. They are all sides of the same game, so any "they just link a torrent file" answer is bullshit and you know it.
It is simple. Does TBP has the rights to distribute the stuff on their site?
Not "does Swedish law allow a loophole becuase the material isn't physically on their servers" but "did the copyright owner grant them the rights to redistribute the material".
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Wait.. I can get this one to.... "fair use" doctrine does not require the copyright owner to provide permission.. I have a legal right to distribute and receive files that I own.
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Once you HONESTLY answer that question you will understand why the argument against isn't circular logic at all. It starts from a basic fact, the copyright owners have not granted these rights to TPG or any other torrent site.
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ok.. last one here... you can't TOS, T&C or anything else someone's rights... you are given copyright with the caveat that someone has their "fair use" abilities left intact.
OK... now my question... WTF should anyone produce any type of content or software that can be stolen if our ability to sell is basically destroyed at day 1? Only the suckers are going to get what they want by paying for it... everyone else will just circumvent the system and get it for free.