Quote:
Originally Posted by Snake Doctor
The guys who own the torrent site aren't the ones creating the torrents, so far as I know. They just facilitate users creating their own, the same way that youtube allows people to upload a video.
In the case of youtube, they respond to DMCA requests, but they are still being sued by Viacom, and I think alot of the things we are discussing here will be decided in that case.
Based on the logic you're presenting, youtube would be illegal also, or people would have to provide legal documents before they uploaded a video of their dog doing a trick.
Why don't we make highways illegal because people speed on them and drive drunk on them?
As frustrating as the current situation probably is for a lot of copyright holders, their proposed solutions, interpretations of the law, or pontifications on the way things ought to be are plain fucking stupid. Yet when a logical person points that out, they get burned in effigy by the bro club.
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The reason I harp on Gideon is because he points out every little loop hole that makes illegal downloading okay. It is like he supports the pirates and loves to see them succeed. to hear him say it you would believe that only about 2% of the torrent users are doing anything wrong. I won't get into that though, let's talk about Youtube and torrent sites.
I agree, the Youtube/Viacom lawsuit will have dramatic effect on the internet. If Youtube loses it will open a can of worms that will fundamentally change the way the internet operates at least as far as that type of stuff goes. The question at hand is this: Does Youtube filter their content before it gets on the site? They say they do not that anything can be uploaded and that the users flag it and it gets removed then. Viacom is arguing that they have some sort of pre-filter in place. Porn is a great example. There is never any porn on that site. But you know a lot of people are trying to upload it. So this means one of two things are true. Either the Youtube users flag it so fast it is removed before it is seen by hardly anyone, or they have some kind of pre-filter in place. If it is discovered that they have a pre-filter in place then it will most likely null and void thier DMCA status and they will now be responsible for every clip on that site and anyone who has stuff on there that they don't want on there will be lining up to sue them.
Much the same can be said about a torrent site. some argue that they have no real knowledge of what is on the site. I disagree. I think they just use that as a cover. They sell ads on the site. They look at the site. They have to at least be moderately aware of what is on there. If somehow they aren't then this poses a good question. Should a site that allows and encourages illegal activity be allowed to exist?
You can't compare it to roads. First off roads have a posted speed limit and rules you have to follow. If you go above that or break the rules you risk getting fined or worse. Roads have cops patrolling them making sure you are staying under the speed limit. Torrent sites are a free for all. If you post something you have no rights to post and others who have no right to download it then download it and someone calls you out on it you hide behind 100 different technicalities and loopholes in the law to justify your actions. To me it would be like getting pulled over for speeding and telling the cop he can't write you a ticket because you have a yellow car and since there is a 25year old law on the books that states that this shade of yellow car is actually the same shade as state officials cars should be then you are technically a state a official while driving that car so you are not subject to the speed laws at that moment. Maybe that is a little be far fetched and crazy, but is it any more crazy than saying that seeding a torrent is not distributing the product because you are technically not giving them the full file, you are only giving them a tiny piece of it?
Like I have said, I know there is legit uses for torrents and that some people use them for legit reasons. But there are a lot of people who don't and at some point we have to ask ourselves how much illegal action is okay.