Originally Posted by gideongallery

thanks for making the point for me.

TPB are acting as accessories to copyright infringment by making a commercial advantadge or private gain.

If you show Star Wars Episode I at the local elementary school against the wall for everyone to see..... that's fine.. you can do that (although LucasFilm will have a shit fit and probably find a way to stop you). What you can't do is charge admission, charge for concessions, charge for anything. At that point it became a commercial venture. TPB is doing what they are doing for commercial gain. They are just as guilty as the seeders and receivers they service. They know the content is violating law and yet they do nothing to protect against it.

Further, the four point test, which you have avoided also addresses the effect to which the copyright holder is harmed. If my ability to sell my work to users is damaged by your distribution, it's a violation. You don't take precidence over me as the creator. The burden of proof is not just on me as a creator to indicate the violation.. once I can prove the distribution, it's on your shoulders to prove that you have done so under your rights. If the work was created and is sold for use, you do not have a right to make money instead of me. That right is retained by me. Also, you do not receive a right to distribute it free of charge when I still charge for it. That right is retained by me and is only given up when I abandon the copyright (copyrights extend for years even after the work has finished it's initial delivery cycle). Giving it to your brother, whom has rights you are aware of is not a violation (but its still ridiculous in a situation where the works are active and current).... Placing it in the public domain, without checks to prevent infringement is reckless abandonment, neglect, and sheer disregard for the protections provided to the creator.

As a creator I do not share my rights with you. I am protected against the very things you believe you have rights to. You have individual rights, not sharing rights. If in doubt (read all the case law... i know you can find it)... it references over and over and over again that the creator should be contacted regarding the copyright of said works. The creator owns it.. not you. You don't have a right to randomly distribute and then leave the burden of proof on the receiver or on the creator.