Quote:
Originally Posted by gideongallery
your right that it hasn't been explictly defined for a swarm but the collection of computer equipment accessible from the internet (definition of a cloud) does apply for a swarm on a technical basis.
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"And, finally, the court rejected the plaintiffs' argument that Cablevision was engaging in unauthorized public performances. The way the Cablevision system was designed, every time a consumer decided to record a given show, Cablevision would store a separate copy of that program, and each of those copies could be played back only by the consumer who recorded it. The plaintiffs urged the court to hold that if 1000 copies of the season finale of Desperate Housewives are played back in 1000 households, that's a public performance. The court instead correctly concluded that each of those copies is playable in only one household, which means that we're talking about 1000 private viewings, not a public performance."
If that "cloud" is a publicly accessed torrent tracker, that would consitute public performace and is an infingement.
The ruling you're reffering to only applies to a company that made their private storage, which only a customer who uploaded this video can access.
If rapidshare only allowed those users who uploaded to access thier files, using username and password, that would be much less of a problem - mainstream would still probably sue, but we'd surely be OK with it.
Tube sites are even more of an unauthorized public performance, which is not covered by fair use.