Quote:
Originally Posted by kane
The problem is you seem to think everything is fair use. Earlier in the thread I posted that The Pirate Bay had the Woverine movie on it before it was even in theaters. You actually said that downloading a workprint was "fair use". You actually said, "fair use is an affirmative defence, you need to accused of something to be able to argue your actions are not an infringement because of fair use
using wolverine (work print) as proof of no fair use presuposes that the fair use right of access shifting would not be recognized (Which most certainly would have covered an unreleased work print)."
When I read it over again I can't really tell what you are saying. It is all some kind of double talk.
So please clarify for me by answering these two questions.
1. Is downloading the work print of Wolverine fair use?
2. Now The Pirate Bay has torrents up for the actual Wolverine movie. This movie is available in theaters only so you can't be downloading a backup of something you have already paid for. Is downloading this movie a copyright violation?
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1. currently no, however if access shift was established as a fair use yes. Quite simply how many sales of the work print they did not sell did they lose (0). Therefore there was no economic loss. If they choose to sell it then access shifting would not apply and it would be an infringement. That being said, if they sold a branding bug rights to an advertiser who did a product placement for example for 6-12 cents then they would have made more money from the workprint being released than they lost in ticket sales. Most people 86% who said they downloaded the movie still saw the movie anyway. I was one of them i downloaded the work print after i went to the movie specifically to see what the work product looked like. But that me i watch dr who confidential because i want to see the behind the scenes stuff.
2. it could be fair use or it could be infringing. let say i am from a country where the movie is being released, even if i wanted to buy the movie there is no way i can do so
which again means the company can't lose any sales, that would also be covered by sampling. Do the same thing from a country where it is showing that infringement.
or how about the fair use of sampling (think what mr skins does with nude clips). so let say that i want to know if black panther was one of the kids in the village that wolverine attack. I heard it was true, and they mentioned him by his real name but i am not interested in paying the full price for the movie just to find out. so i connect with swarm player, fast forward to right point and watch the scene to know the answer. Does it cost marvel a sale, no, in fact now that i know the truth i am going to be more interested in seeing the black panther movie when it comes out.
watch the entire movie without paying and that would be infringement.