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Old 08-13-2009, 10:08 AM  
gideongallery
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Join Date: Aug 2003
Posts: 7,082
Quote:
Originally Posted by crockett View Post
Those tube sites didn't start empty.. that means the owners uploaded videos to get them started.. Even "IF" by any chance that it's 100% user uploaded today. However we all know it's not 100% user uploads but of course arguing with you about theft is like talking to a brick wall. With the exception that the brick wall would be more interesting.
1. cache is protected fair use, so even if they just scrapped another tube site it would still meet the condition of user uploaded video. The only problem they would have would be that they would have to drop the video since there would be no possibility of counter notice (since they couldn't contact the original uploader)

2. who says they didn't buy a collection of tube filler content to start. That would be legal. And buying traffic would add new users to upload new fresh stuff.

so right there and then you have two ways for a tube site to start that is not infringing.

guess what the court systems are based on a principle of innocent until proven guilty. you can't just assume that those legitimate ways don't exist to argue that they are guilty.

You actually have to prove that they broke the law to convict them.
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