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Originally Posted by gideongallery
the local copy i download from the swarm is created and viewable only by me.
the extra part about uploaded to the swarm by you is the only way you could come to that conclusion but reread the case, that is a completely fabricated arguement
because the rs-dvr user doesn't upload anything to the remote servers.
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Yes that is correct - the court ruling says a copy should be "created by user"; which I interpreted as "uploaded to the swarm by user" for those case where a user does not have such a device as a RS-DVR available to act on his behalf automatically (I believed we were discussing one of such cases, and the only way I see how that user-created copy can make it to the swarm is to be uploaded there by the user - but that doesn't mean other methods do not exist).
But indeed the original definition was "created by user". And the second part was "can be access by this user only". So if your copy was created by you - > then somehow made it to the swarm
at your command - > and is accessible by you only while it is in the swarm, that's fair use and is legal.
Which means that your ISP was right when they told you cannot download a copy of Lost from a torrent, since that copy was not created by you. And a peer you downloaded this copy from, had no right to share it, because he can only share his backup copies with himself - not you no other persons, depsite them maybe being in legal possesion of a copy of a copyrighted work and thus having the right to backup it. They should backup it themselves, and share with no one but themselves.
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that was the bogus arguement you and the copyright holders were making in the past.
look at what is being played not where it comes from.
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The law (as quoted above) says it does matter where it comes from - it should be a copy created by yourself, which can be accessed only by yourself. It does not matter however if this copy is stored at your PC/VCR or in the "cloud" at some remote storage, as long as you meet the first two criterias. That's fair use - you can choose where to store your legal backup copies, and I as a copyright holder only cheer for those opportunities for our customers. As long as they do not share those backup copies with anyone, they surely can store them wherever they like more.
That's not bogus argument as you're trying to put it, that's how the laws are written - if you're not happy with them, call your congressman.
You're trying to persuade the GFY community that laws are
already written the way you want them to be - which is false, they're not. Laws do not allow downloads from publicly accessible storage devices including clouds - they only allow to download from privately accessed cloud storage devices, and only of those copies created by you personally.
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Again it doesn't invalid the liability for the copier who doesn't have a right to the content. They are still guilty, it just prevents wholesale denial of those that did pay for the content to use the network as a timeshifting device.
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"Legal copiers" are liable too, if they share their copies among each others.