Quote:
Originally Posted by A1R3K
so basically gideon is saying that 1% of the people who visit torrent sites are responsible for uploading all the content to them? since 99% of them never paid for access to adult materials, where did it come from? i really do want to understand this.
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nope i am saying that given the current laws even if 99 peers were illegally downloading the content (never bought a right to the content) and only 1 person was downloading the content under fair use (time shifting, formating shifting etc) the majority of the torrent transactions would be legal.
because Seeding to the swarm does not meet the minimum conditions of the "make available" ruling because as a seeder (even the original seeder) is never giving away a working copy of the file(fair use transient cache). since a peer both seeds and leaches 50% of the transactions is non infringing.
If even one person has a fair use right to download (time shifting, format shifting, recovery).
While you have every right to go after the 99 people who are "stealing" your content (which is what my companies services does) given how you are choosing to stack the panel i am pretty sure no one will advocate that "fair use complient" solution instead it will be an arguement of going after the torrent sites completely and thereby denying the seeder his fair use right of backup and the previous customers their fair use right to download (time shifting, format shifting, recovery).