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Originally Posted by CrkMStanz
Uploading to a private space on the web and NOT sharing access to that space with anyone is backup
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We live in a networked world, the same exact copy of the file could be use to recover the files for multiple potential users.
By your definition ghosting machines in a corporate network would be illegal, SMS servers would be illegal.
The site owner refuses to setup a private network swarm (private tracker) so that only people who paid for the membership could recover the missing files then a user has a fair use right to use the only available (all be it public) tracker to accomplish the same functionality. (x redundant backup)
when you take into account the fact that the function of a torrent prevents me from giving away a single working copy of the file (if you played the content i gave you it would not work)
the file is only completed when the leechers combine all those individual pieces together into a working copy.
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downloading the copy only by yourself, and not anyone else, and not sharing access to the private space, is timeshifting
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in 1960 if my vcr failed to tape a show(power went out etc), i had a legal right to go to my friend and say can i borrow your tape so i can watch "knight rider"
IF timeshifting had to be private space, then universal would have been able to force sony to implement a recording key that would have prevented the tape from playing in any other vcr. Some sort of id that would have been recorded at the begining of the tape that would have had to be matched to a machine specific id.
You would have only been able to play the shows you personally taped in the Privacy of your own home.
They did not get such an injunction, because like all fair use rights they supercede the exclusive right of distribution of the copyright holder.
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providing you paid for the original content
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agreed fair use rights only exist for content you paid for
you can't timeshift viewing rights you were never given.
You can't recover/backup viewing rights you were never given.
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what you say is just semantics to justify theft - next time you say this remember to include the 'private' and 'not sharing' parts and I will have some respect for your way of thinking
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what i am saying comes down to justifying not being forced to pay for the same content twice. To buy viewing rights multiple times , for the same exact content.
That is fair use.
Recovering content i paid for,
backing up content i paid for,
timeshifting viewing rights to the future time and place, instead of being forced to what them when the copyright holder delivered them.