Quote:
Originally Posted by Nautilus
So the performance that happens from the file in not public. And the seeder do not transmit the whole file thus a full copy working copy of the work is not created, meaning his actions are not an infringement.
Does that mean that I can simply split a file into say 100 pieces and put it on my server for everyone to download?
That's not public performance because that's a file, not stream.
That's not creation of full copies because none of the files represent the work a whole.
That's not creation of an unauthorized copy because I bought this movie and have the right to timshift backup whatever.
Is that correct?
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there is a difference between your example and the swarm example i gave you
your example here the people would get all the pieces DIRECTLY from you while the swarm you give the pieces away to multiple people and they share those pieces between them in transactions completely beyond your control (INDIRECTLY).
While the indirect transactional situation would be outside the scope of the actus rea, the direct would not.
It would require a stretching of this ruling and a couple of other to make that arguement. Is it possible yes, and i suspect that youtube will be attempting to do that , because the cache process of the flash streaming does do that.
will they be able to maybe. can that arguement be made explictly now, no.