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Originally Posted by FightThisPatent
whoaaaa.... "posting" copyrighted porn material to a tube site has never been claimed to be time shifting.. its out right copyright infringement.
you are referring to mainstream stuff like tv shows, etc... we are talking about porn.
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timeshifting is quite simply the watching of content you purchased on day x on day y.
it most certainly apply to porn just as well as it applies to tv shows and mainstream content
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this is what the P2P and MP3 "sharing" folks were crying about in trying to justify their ability to take advantage of digital distribution.
if a content owner doesn't want to have his creations digitally monetized, that's his right. An external website can't levy their "fair use" or "internet domain" philosophy to justify the theft.
I'm not sure if you are trying to justify tube sites existance and biz models, or you are off on a tangential topic.
Fight the wuh!
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that was the exact same arguement that universal made against sony for the VCR.(if a content owner doesn't want to have his creations timeshifted, that's his right.)
fair use trumps the copyright holders exclusive right
it is a not withstanding clause within the act itself.
in fact it is the cost that every copyright holder agrees to get the exclusive rights granted by the act.
so quite clearly content owners don't have a right to prevent fair use distribution of their content. They gave that right up the second they accepted the exclusive rights of the copyright act.
safe harbor is not a mistake
it was a clause put in place specifically to protect fair use
and in the modern day world of tube sites, with parody being extended to just putting new subtitles on an existing movie.
how far do you think we are from arguing
that check out my favorite quest crew routine would meet the conditions to be classified commentary. Especially when people like mr skin is not only doing the same thing with nudity (here is the boobies of star xxxx) and actually CHARGING for access.
when that happens the tube site model will be completely legal, and they can ignore every DMCA takedown notice with no consequence.