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Originally Posted by gideongallery
look your adding a condition that it only fair use when you upload to the swarm and only you can access those pieces.
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I've already admitted two or three times that this assumption was wrong - are you even following our discussion? The court said the copy had to be "created by user", let's stand by this definition, which means either way of creating such copies including commanding the remote server without any pieces of information to ever hitting your own PC.
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when you argued about uploading having to be done if the bits did not go thru that person it would be impossible for him to upload anything. your upload condition requires the bits to go thru that person.
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I've already dropped the uploading condition too.
There are now two of them, both directly from the court case:
1. A copy should be created by user.
2. A copy should be accessible by this user only.
A "copy" in both cases means the source file that is in the swarm which originates the later transmission, since in the case of Cablevision no other copies existed.
None of the two conditions are met in the case of public torrent because:
1. User doesn't create a copy (a source file of the transmission that is in the swarm) - this file already exists in the swarm, the user simply commands his bit torrent client to download it, albeit in several pieces from several PCs.
2. While user downloads and later when the file is downloaded, other users may download either pieced or the entire file from his PC thus not making his copy private.
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as to point two, of course it does, the seeder is never giving any of the leachers a complete working copy, is never guilty of creating a single infringement.
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If it is already confirmed, point me to the court case in which it is confirmed.