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Originally Posted by kane
My quote of 1 in 10 was not that 1 in 10 are use torrents as a VCR, my quote was that I read that 1 in 10 houses in the US doesn't have cable. So if those people are downloading shows that they don't normally have access to because they don't have cable they are not timeshifting.
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1 Heroes
2 Lost
3 24
4 House M.D.
5 South Park
6 Terminator: The Sarah Con...
7 Desperate Housewives
8 Gossip Girl
9 Grey's Anatomy
10 How I Met Your Mother
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top 10 shows on bit torrtent
notice how many are on specialty channels and how many are on the broadcast cable you can get for free thru the air.
so assuming that EVERYONE who does cable also doesn't have any access to tv is just plain stupid.
the reason i ceded the point is because 10% shift is imaterial to the results, even if you made 10 of the tv downloaders illegal, they still out number everything else.
and that is before you take any other fair use into account
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Timeshifting, it seems, is when you choose to watch content you paid for at another time or on another device. If you don't have access to cable you can't timeshift cable shows because you never paid for them. The same could be said with what type of cable you have. For example a friend of mine has Dish Network and I have regular cable. I get channels that he doesn't like VS and he gets channels that I don't like HDNet. If I download an HDNet show that is not timeshifting because I didn't have access to it in the first place.
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and that is why i said go after the individuals who are ACTUALLY BREAKING THE LAW, not take out the entire technology for everyone. Attacking the pirate bay, DOES BOTH, it takes away my right to use the torrents as a VCR, and i have never downloaded a show that i don't pay for. Hell my cable bill is over a hundred bucks so i can buy a feed to BBC so i have a right to get dr who confidential. I currently have my internet on a different carrier then my TV even though i could save money bundling packages because my internet carrier does not have BBC canada as an option.
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As for the argument that it is not a lost sales and the technicalities of how torrents work and why they are legal, I'm not going to get into that. I have stated in the past that I think people who create content should be allowed to determine where and how it is distributed and if that means denying access to some people so be it.
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private motivation must ultimately serve the cause of promoting broad public availability of literature, music, and the other arts. The immediate effect of our copyright law is to secure a fair return for an 'author's' creative labor. But the ultimate aim is, by this incentive, to stimulate artistic creativity for the general public good. 'The sole interest of the United States and the primary object in conferring the monopoly,' this Court has said, 'lie in the general benefits derived by the public from the labors of authors.'
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your monopoly on your work is granted to you by the government, "'The sole interest of the United States and the primary object in conferring the monopoly" is to "promote borad public availabilty of " that content.
and you want to abuse that right granted you to PREVENT BROAD DISTRIBUTION OF THE CONTENT.
Care to explain why you believe such a breach of your contractional obligation is justified.
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My point was that you are saying that most people use torrents (when it comes to TV shows) like people used to use their VCRs. I don't know that this is accurate. I think there are a lot of people downloading shows they never had access to in the first place which means they are not using it as a VCR.
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One other thing you have to realize is that most people downloading from torrents have FAST internet connection. They represent top 60% of downloaders, which means they are more like me, having money to buy cable, rather then being the poor souls who can't afford cable.
We are more likely to have paid for the shows (including specialty channels) however given the show break down, most download come from shows that ARE available to even those people who don't have cable, and are getting their TV thru rabbit ears.