Quote:
Originally Posted by gideongallery
but your definition of "knowing" changes between yourself and torrent site. You expect them to confirm absolutely that the person has a right to content before they load up a torrent, yet you don't do a full criminal background check on every member of your paysite to make sure they are not convicted of being a pedo before you sell them a membership. Obviously a pedo would only have one purpose for buying porn of adults when he is turned on by kids, and that is to make virtual porn.
your refusal to do such a background check makes you as willfully blind as the torrent site owner.
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No, stop twisting it. I am talking about knowledge of a crime
after it has been done, not stopping terrorism for gods sake... Unless you have the legal right and it is required by law, like selling guns or hire someone to work with children, I do not expect background checks. Whether you sell candy or adult porn, you can't check you customer for convictions, just like you can't check random uploaders of torrents. However, you can make terms of use, and
if afterwards you
know any criminal act has been made, then you are obligated to stop it and report it. If you endorse criminal activity (like offering anonymity and protection) then
your purpose is to contribute to it.
Is it so hard to understand?
Quote:
Originally Posted by gideongallery
so basically torrent providers have ruling in their favor (+1) and open issues that as of yet could be ruled in their favor and could not (0). How could you come to the conclusion that they "know" that their is an infringement when the courts haven't even determined if the action is fair use or not yet.
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No you can't generalize and say that. Copyright is not about the rights of torrent providers or those who commit infringement, but the rights of original unique works. The nature of the work differs in each case and between countries. Canada is not Sweden vice versa. But there are no countries (I know of) that allow unauthorized distribution of complete copies if it is not public domain, and especially not if you make money off it.
If I give you proof, then you know it is infringement. The courts are not there for you to know, but to solve conflicts... And please... if you distribute full Star Wars movies, and you receive letters, do not think your "lack of knowledge", i.e. playing stupid, will convince any court.
Quote:
Originally Posted by gideongallery
backup
recovery
timeshifting
parody (downfall type -- which is pretty substantial in it scope)
are all fair uses.
You claim that don't apply to torrents.
but produce one case where fair uses like backup/timeshifting have been brought up as a defence and the court as explictly ruled that those fair use rights can't be obtained from a swarm.
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I do not claim that. Like I said, each case is unique and it is about the work. So logically, it can't be explicitly ruled.
Quote:
Originally Posted by gideongallery
if i were a torrent site owner i would believe
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Until the case is settled by/or accepted by every supreme court in the world it is impossible for them to "know" that a crime is being committed. Quite simple because those court ruling defined weather a crime has been committed.
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This was what I was looking for, the establishment of morality. So basically, you have the same moral standard as the the pirate bay owners (soon previous owners); As long the law and courts can't touch you and there are places still left in the world to hide - lets do it?