Quote:
Originally Posted by gideongallery
ok one more time (for example)
1. if i were to make a parody song "tube's killed the pornstar" (sung to the tune of "video killed the radio star") layered on one of your porn scenes i would fully within my right to release it anyway, anywhere i wanted (see the fair use right of parody, and comentary)
2. to prevent a copyright holder from useing take down request to censor this perfectly legal (along with other fair use) distribution of your content law makers balanced the takedown request with safe harbor provision.
3. That safe harbor provision is what makes the tube sites legal.
1+2 =3
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You are a complete fucking IDIOT!!
Fair use does NOT protect nor apply to those infringing for PROFITABLE GAIN OR COMMERICAL INTERESTS.
Fair use does not apply nor protect the infringer when the infringment devalues or directly competes against the orginal work.
If PAYSITEA.COM has an exclusive video in their members area and some fucking thief puts it on a tubesite it is 100% absolutely without a doubt copyright infringement and the tubesite as well as the user whom uploaded it as well as those whom downloaded or viewed it are liable for prosecution.
Tubesites do not exist for parody or commentary, their ulterior motive is COMMERCIAL GAIN. Fair use also does not apply nor protect an infringer in any manner whatsover when a copyright protected work is used in its entirety.