Quote:
Originally Posted by gideongallery
giving up doesn't create a legal precedent, that overrights peoples rights who choose to fight for them.
remember unlike everyone who is sharing content without profit directly from it (every file sharer) the record companies were SELLING the artists songs without permission.
that difference alone will prevent it from being a precedent in their favor.
It interesting because if they don't completely roll over, any arguement that it is to difficult to find the copyright holder to pay them IS going to be a legal precedent that every torrent site can use to justify their current model.
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Or maybe not. The record labels are selling the artist's music and not paying them for it. The torrent sites are providing it for free and selling advertising on the website. So a torrent site can't argue that they can't find the copyright holder and pay them a royalty because they have never paid out a royalty and don't sell individual songs or albums.
They are both ripping the artists off, they are just going it in a different way.
For a torrent site to argue that they were trying to contact the copyright holders and pay them but couldn't do so would mean that they would have to show that they were taking a portion of their profits and giving it to copyright holders to begin with and that isn't happening.