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Originally Posted by Nautilus
None of the parties involved in the Cablevision dispute touched that "public" side of a stream that was by all other means private.
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sure they did the content was delivered to the customer over the public internet. the customer who initiated the creation of the file and cablevision were both parties involve in the potentially infringing transaction
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OK only some % of files will be actually viewed/performed. How does that make your transmission any less of a public performance?
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ok does the fact that i am a indian man make me less of a white man.
think in terms of being a visible minority
can a white man claim the rights granted to visible minorities just because he is a man. no
the only difference is that it is in reverse, instead of denying rights it denies liablity
a transmission that is public does mean it a public performance
you could have a public performance
and a public transmission that is not a performance.
the first meets the condition of being public performance
the second does not.
the seperation of the performance aspect from the transmission aspect means that transaction doesn't qualify for the liablity, even though they share some common characteristics (being public). Like the white man who can't claim rights granted to visible minorities because he is a man, the liablity for being public performance does not apply to transmissions that are public but only has an independent but secondary private performance after the fact.
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Public communication in context is the Act means that intended recipients of your transmission are the general public, not that it is done by means of public network.
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exactly the performance is not public, the communication is. The private copy is created from the public transmission. And then after the file is create then an only then does a private performance happen.
The performance that happens from the file is not public. That the point. that the different
that the key reason i can use a cloud to aquire fair use right, why the public nature of the cloud does not automatically invalidate my fair use right. Because the public nature of the cloud is not part of the performance.