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Originally Posted by gideongallery
let get this straight assuming your correct and all the stats are i am giving completely wrong since the methodology and the raw data used was exactly the same as what the RIAA used in court That means it is impossible to prove any torrent tracker guilty.
IF your wrong and the stats are accurate enough to be used in court (see above) then a majority of torrent traffic is using a torrent like your parents used a VCR.
either way, what the pirate bay, and every torrent is doing is not illegal. The first would be not guilty because of technicallity, the second because of fair use.
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I'll just butt in for a second.
Even if most people are using torrents to download TV shows (and I have never really complained about that unless the show is something that is on HBO or Showtime or some non basic cable/TV channel) for many it is still not like a VCR.
A VCR records what TV show you set it to record ( or for that reason so does a DVR or Tivo). If that show was never broadcast in your area you couldn't record it. I know a lot of torrent traffic is people outside the US downloading US TV shows. Many countries in the world get some US shows, but not all of them. So say for example that someone in France downloads an episode (or full season) of the show My Name is Earl. Now anyone with a TV and an antenna in the US can watch that show, but if the show is not aired in France then there is no way that person could have ever watched that show so in effect if they had a VCR they could not record the show because it was never on the air. I don't know if this show does or does not air in France, I'm just using it as an example.
So if the show never aired in an area and that person downloads it then they could not be timeshifting the show because it was never available to them in the first place.
The same can be said for some people in the US. I read that about 1 in 10 households in the US don't have cable (or satellite) and just use a regular TV antenna. More and more people are turning away from cable and to the internet as their main source of entertainment. So if these people only have internet access and not cable TV and they download a show like The Shield or In Plain Sight that are cable only shows they too are not using the torrents like a VCR because they never had access to that content in the first place.
Anyway, just a thought.