Originally Posted by gideongallery

Ok so either you are being deliberately ignorant to make an invalid point or you are really really stupid.

Again
TPB actions are legal under both US and swedish law

1. They are not directly infringing on copyrights because torrents don't have the copyright material in them
2. What they are doing is at best call contributory infringement which is not a crime in canada, or sweden.
3. IT is only a crime in US if the action they are contributing to is an infringement.
4. Public trackers (private trackers do manage piece distribution) direct leechers to the primary seeder.
5. Which means that TPB actions would only be illegal in the US if the act of the primary Seeder is a violation.
6. if the actions of the PRIMARY SEEDER are fair use then TPB can not be a contributory infringement of copyright.

This is why i reference the betamax case.
Before sony invented the betamax technology, fair use granted you the "time shifting" right you just had no way of implementing. TV shows had to be watched when the station wanted to air the show, and at no other time.

The technology changed that and now you could record a show and watch it whenever you wanted. The technology created a new "fair use" RESPONSIBILITY for the copyright holders (to comply with their requirements under the act to get the protections they were conditionally granted)

This is how the betamax ruling is relevant, Sony (and thru the ruling all it distributors) were immune to contribitory copyright infringement claims because the technology had a legitimate "fair use" which the copyright holders were NOT providing an adequate legitimate alternative.

Hyperdistribution (torrents etc) are the same type of disruptic technology in that they add a new "fair use" RESPONSIBLITY to copyright holders like yourself. IT doesn't matter that in the past you only allowed access for a limited time because when you were doing that there was no technology that provided free online backup (like the swarm in a torrent does today).

Just like the tv stations after the betamax case, you have to make the same choice, fully support your fair use responsibility, or legitimize the entire technology.

Do it fast because once the ISOHUNT case makes it to a full decision the technology will be legitimate and you will have no choice but to live with it.