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Originally Posted by kane
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 make it so simple so until you actually think about it
so i have to track down the copyright holder send them a letter wait month/years for a response and then only then put it up.
So say good bye to using torrent for timeshifting (who would wait months to see the episode of heroes they missed last night)
your solution guarrentees that technology can't be use for it actual legitimate purpose.
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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.
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again as above, it not that much harder to do that type of check, call the guys home make sure he was the person who signed up. tell him it is being recorded so that if he disputes the charge it will be played in court for charges of fraud.
the kid will never pretend to be the father in that case.
oh wait that would basically put you out of business because everyone would be afraid to signup to such a site. (kill all impulse sales).
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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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bullshit
fair use is a law granted right too, free speech also apply to things like parodies and commentaries. the copyright act never intended to make copyright exclusive rights to be an absolute monopoly, it was and has always been a conditional monopoly., those sites serve both the legitimate purpose (fair use) and the illegitimate purpose at the same time.
Going after the people who don't have a fair use right only fair solution.
Reclasifying the entire site as "allow(ing) people to steal coprighted material" just because some people use the site in that way is just plain bullshit.
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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.
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name one torrent site that explictly says on their terms and conditions that they are there to steal copyright material
show me one torrent site where you have the ability to tell torrent site that you are putting up the torrent specifically to steal
You can't
your rationalizing your justification to keep a false analog.
Your analog justifies going after the murder who uses the gun to kill someone which is exactly what i am advocating when i keep saying
leave the seeder alone
leave the tracker alone
leave the leacher with fair use right alone
go after the leacher without fair use rights.
and trying to justify going after the tracker (walmart) by creating a situation which has no bases in reality at all.
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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.
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50% of all torrent traffic is tv shows,
timeshifting is a right that was established some 24 years ago.
most of the movies on trackers are older aired on tv movies (again covered by timeshifting)
every seeder (50% of the transactions) can argue based on the technical specs that they are creating a back up
when i download heroes from the torrent sites i am timeshifing the show from monday to tuesday
when i seed dr who blink i do so with the intent of being able to get it back when i want to watch that episode again (backup and recovery)
add it content covered by piracy tax and authorized by the intrinsic conditions of a binding contract (offer acceptance and consideration) and a majority of torrents traffic are taking content they have a right to take.
The only way you can make the arguement is to ignore the fair use as a technicality that people are hiding behind.
Which by it very nature eliminates the legitimate use of the technology. IT denies me the ability to use torrents as the perfect pvr (infinite storage, never misses a show, never cut out becuase of power outages, always available).
you keep pointing to sites and argue that the vocal few represent the majority, bullshit
many people are just like me, using the torrents for what they should be used as timeshifting/back up and recovery.
Who don't take a single file that they have not bought a right too.
i don't condone either mistaken opinion