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Originally Posted by gideongallery
but your solution to make them responsible is designed to kill the technology
if you don't make sure 100% (no safe harbor) that the content is authorized you get hit with 25k is statutory damages.
well there are examples of companies going to that extreme and it results in artist getting censored.
http://torrentfreak.com/copyright-dr...yspace-091007/
That what the safe harbor is designed to protect |
Here is what you do. If you want to run a torrent site you check with the copyright holders before you put a torrent to their product up. It is that simple. If the copyright holders give you permission to post their work and don't care who downloads it you put it up on the site. If they don't give you permission, you don't. Problem solved. This way if a band wants to put its album up online they can give every site in the world permission to have it on the site. If a movie studio doesn't want their movie on those sites they aren't put up.
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you keep saying it not a big deal and it can easily be done, but it just as hard to get absolute proof without making mistakes like this as to guarrentee that you never sell porn to minors (including when little jim steals his dad credit card).
let me ask you a question if laws were changed so that YOU got convicted for distributing porn to minors every time little jim abused your signup process (with his dads stolen credit card) how would you run your paysite.
Could you make money under that restriction
if the answer is no, you have proven the point i was making, the new restriction is designed to kill the technology.
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It is apples and oranges. These torrent sites are making money by giving away stolen content. A minor getting his dads credit card and using it to join a porn site is a completely different thing. One is profiting off of copyright violation, the other is a person committing credit card fraud. If the world were different and you had to be 100% sure that every single person that ever visited your site was of age I would imagine there would be some way for that to be facilitated. But here we are now talking about free speech issues. It has been ruled that adults should be allowed to have access to adult material if they want it, so any law that prohibited their access would have to have some kind of system in place to allow age verification that was 100% accurate. In reality that could never happen unless you required every person to have a fingerprint scan or something crazy.
But again, these are two different things and you can't really compare the two. One is constitutionally protected form of free speech and the supreme court has even ruled that there are plenty of filters out there for those that want to block access from their kids and the other is a site that builds its business allow people to steal copyrighted material.
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right and walmart is partially responsible for every death because if they didn't sell the gun no one would have got shot. Going after the trackers who provide a techology (torrent) that can be used for both legitimate (timeshifting, back up recover etc) and illegitimate (piracy) is the same as going after walmart
mc hammer said it best
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If I walk into Walmart and I say to the clerk I want to buy a shotgun and a box of shells because I am going to go home and shoot my wife and they sell me the gun and bullets and I go home and kill my wife you can bet your ass they will probably be sued.
They are not partially responsible for every death that occurs because most of their guns are sold under the understanding that they are going to be legally used. While a torrent site operates under the understanding that much of what it has on the site is being illegally download by people who have no right to take it. You can't deny that most of the users on torrent sites are taking stuff they have no rights to take. Hell you go to torrent freak and any time they post an article that is anti torrent news the users rail about how they will never pay for another thing and how they are proud to be pirates. They love the idea that they are taking all this and not paying for it.