Quote:
Originally Posted by CrkMStanz
you gotta be kidding me - you link an even older article (  cnet.com ) as 'further proof' - which includes quotable sections like...
please take careful not of the BOLDED part - slapping it up on a torrent available to millions is not personal use and the actual article deals in 'apparantly's' and contradicts its own sensational headline - nice try on the follow up...
( cNet.com ) |
what exactly about the statement
Quote:
|
[if uploading can be declared legal their would be no liablity for copyright infringement for content covered by the tax.
|
Quote:
|
However, the country's copyright law does allow making a copy for personal use and does not address the source of that copy or whether the original has to be an authorized or noninfringing version, the board said.
|
Quote:
again - what you link specifically states
again - torrents are NOT private copying - a PRIVATE copy is NOT publically accessable - you shoot yourself in the foot AGAIN
|
but
downloading from a swarm is
that is exactly what i am doing i am taking the bits from the swarm and reconstructing them into a copy on my machine in my home.
again
Quote:
|
However, the country's copyright law does allow making a copy for personal use and does not address the source of that copy or whether the original has to be an authorized or noninfringing version, the board said.
|
so it doesn't amtter if the publically accessible swarm is infringing in nature, the personal copying rights still apply.
That the fundamental point you are deliberately ignoring.
Quote:
|
your interpretation skills are lacking
|
i suggest you find the transcript of the first articles ruling and read thru it.
If you were to take your interpretation invalidate the previous supreme court ruling that downloading was legal because you are effectively saying that both uploading and downloading are illegal all the times (the entire transaction is illegal) even though sometimes (between two canadian citizens) it is perfectly legal (because my copy is legal either because i bought it or it was exempt personal copy and your have a right to make a copy irregardless if the source is legal or not).
This judge basically ruled that uploading (under specific conditions) was an agnostic behavior and it was the downloading that determined infringement/non infringement.
I suggest you download the transcript from that case and read it thru completely. There are 6 case precedents that have to be put together to come to the conclusion that uploading is non infringing in canada. But it doesn't matter what those precedents are the ruling has been made, and has still not been overturned by a higher court.
It is currently the 100% true that uploading to a swarm is 100% legal. Because the highest court ruling on the issue says exactly that.
Quote:
ok - thats gonna take some reading and i am assuming you are addressing the 'Tax' issue
however a quick browse shows...
so - if i understand it (and i may not yet) it states you have to be a CANADIAN (or equivilent) to benefit - as I stated earlier.... so - another shot to your foot. I shall endeavour to digest this link further
|
absolutely not
" as the case may be, whether by treaty, convention, agreement or law, benefits substantially equivalent to those conferred by this Part"
i suggest you look up the berne convention or hire a good lawyer to explain it to you.
good luck finding a country that matter (produces music) and is not a member of the union covered by the convention.
Quote:
I shall assume you took a quick look in the mirror when you said that, just before you typed...
you really are a tool if you haven't figured out that I AM CANADIAN (always was and always will be)
so nice FAIL on the insult
|
i have already said you should be ashamed about being a canadian and not knowing such things about your own countries laws. You are making statement so fundamentally lacking in knowledge about our country
exactly like the stupid americans who think we live in igloos eat whale blubber and have 365 days of winter.
Quote:
oh - and as far as your 'FAIR USE' goes...this still applies...
and I'll throw in ....
http://library.concordia.ca/help/copyright/?guid=fdvsfu
and
http://en.wikipedia.org/wiki/Fair_dealing
(you DO know that it is referred to as 'Fair DEALING' in Canada and not 'Fair USE' don't ya?)
and as well - with all the reading I have done on Fair Use/Dealing it provides for 'Private' and 'Personal' backups and copies and all interpretations state that 'no - we won't be prosecuting you if you tape knightrider for your Mom)
Torrents/Clouds/P2P networks ALL hand out the copies to millions of people - they most certainly do not get protection under these acts.
PERSONAL/PRIVATE use is NOT equal to mass global sharing
(fuck - no way to TLDR this)
|
again even if you did not read thru the entire transcript the court has ruled that uploading is not infringing.
Common sense tells you that there is only one way downloading can be legal is if uploading is agnostic when determining legality/illegality.
The downloading behavior has to be the deciding factor.
I am not going to waste my time arguing with you especially when you choose to deliberately ignore statements like
Quote:
|
[if uploading can be declared legal their would be no liablity for copyright infringement for content covered by the tax.
|
Quote:
|
However, the country's copyright law does allow making a copy for personal use and does not address the source of that copy or whether the original has to be an authorized or noninfringing version, the board said.
|
but no matter what you say the fact is clear the current highest court ruling on the issue has said that uploading is non infringing. IT doesn't matter what i think the law should be, it doesn't matter what you interpret the law to mean. The absolute fact is until this ruling is overturned by a higher court, uploading is non infringing in canada.
BTW i suggest you hire a lawyer with lexus nexus access to get you the transcript from the case and read thru it yourself. It is a very logical arguement why uploading has to agnostic in the case of technologies like bit torrent.