Quote:
Originally Posted by Nautilus
How can a seeder argue he didn't know unathorized copies will be created, if there's no system in place to check wether other users have fair use rights or not?
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re read what you just quoted, your blatently misrepresenting what i said.
just because you know that unauthorized copies could be made doesn't make you liable.
You know that little tommy may steal his dads credit card to get access to your porn site
your not liable when it happens just because you knew it COULD happen.
And there is a criminal liablity for distributing porn to minors.
even when you are talking about a tv show that was broadcast thru the air and therefore where 99.5%(percentage of people who have at least 1 tv) of the population has a right to timeshift it. there is still a possibility that someone will be making an infring copy.
however as the seeder i can't tell the difference between the infringer and the non infringer
just like sony with the vcr i can't tell which person is going to use my creation to make bootleg copies.
just like sony the seeder is not liable for the copyright infringement generated with the seeders creation (the swarm) when it happens.
Oh and btw in the betamax case sony warned about infringing use of their device in their manual, and even that level of knowledge of POTENTIAL infringement did not justify making them liable.