Quote:
Originally Posted by RawAlex
Gideon, here is maybe a better way to explain it. If you made a single copy of a DVD as your "backup", that would be your fair use.
You make 1000 copies and stand in front of a video store and hand them out, you have willfully violated copyright.
Anyone seeding a file onto a torrent network knows that thousands of people will see and likely download the file. It is entirely willful violation.
TPB on the other side is the financial part of the violation. In order to get traffic to their site, they willful aid the violation of copyright, and sell ad space to benefit from this violation.
It isn't hard to figure out. Why do you think there are no torrent sites in the US?
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Alex... it's not handing out.. as that is a willful violation.. you are intending to distribute... Just standing there and saying.. hey.. I have these copies of this work.... if you tell me you have the right to have one, I trust you. That is a violation as well. There are multiple areas of the copyright act where that is a violation.. especially when the work is currently available for sale. You cannot infringe on my right to make money with it.
No torrent sites in the US.. there shouldn't be any in the EU as well. The EUCD clearly states that acting as an intermediary (lets discuss what that means if we must.. because TPB is being an intermediary by pointing to where the files are) is a violation... very simple.
By the way.. your argument that I should continue to deliver PPV content (a membership site is PPV.. you get a month.. I get my money) for free is laughable. That would be like saying to the Louvre.. hey, I have seen this work for free on the net, you have an obligation to allow me to see it now. Or even more so.. I have paid once to see this already, you must allow me to see it again for free as I have paid for it already.
Fair use is exactly what the name implies. FAIR... it's not fair for you to act as my distributor. I have the right to protect my product. It's not a monopoly as my product competes with similar creations. If I was the only video of a naked girl masturbating... there ya go... monopoly.. but not in this sense. The work was created to make money. If you wish to see it again, pay me for the right to view it again. You don't receive a lifetime license to view by giving me $30. That is ludicrous. If you copy it to your machine.. great... just don't share it. You are not allowed to as I have not granted you license to. If you lose your copy.. pay me again to view it. Getting a copy from someone else turns them into a distributor and you in turn are receiving illegal goods.
BTW.. your license on your Windows 95 software was given to be used on one machine, and one machine only. Did you contact Microsoft when you received your bootleg copy to let them know that you were removing the license from your previous machine and using it on a new one? Have you loaded the original disk or the bootleg disk onto any other machine ever? If so, did you compensate Microsoft for the multiple user fee that is required by the license? Did you have your original Win95 documentation that carried the certification by Microsoft which also had the original serial number or did you utilize the crack software? If you were missing your serial number, did you contact Microsoft to receive your originally registered serial number and thereby have them laugh at you because they didn't support the software any longer??? At that point, did you notify the legal system that you were willfully going to violate the still valid copyright in effect for Win95 because Microsoft would not support it properly?
Or.. did you just say fuck it.. use the bootleg copy to get your Win98 running and call it even? It's not like Win95 is worth more than $5 on the market.. it's no big deal, right?