Quote:
Originally Posted by gideongallery
you completely missed the point
the record companies are saying it not a burden to establish copyright and pay liciencing fees BEFORE post a single file
while at the same time NOT doing that themselves.
IF they argue against paying out the full damages (which is easily 100k times 60 billion because MG counted 1 infringement per record of pending, not 1 infringement per sale) they PROVE ABSOLUTELY that request is an unfair burden.
|
I am willing to bet that there are people who had these promotional discs made and sold who did get paid. For example if they used a big name, popular artists they probably paid them because that person is hot and has a legal team on retainer. If they use an older artists or someone who is not nearly as big they probably screw them over and they don't pay them because they think they can get away with it. They will argue that it was a burden finding some of these artists and if they show that some were paid while others were not they may be able say that they tried, but couldn't find them with reasonable effort.
Quote:
|
except the torrent sites can argue that their service is fair use, while the record companies by selling the content DIRECTLY can't
|
I'm not going to get into this for the umpteenth time, but you and I both know that most of the people downloading music from torrent sites just want something for free. That isn't fair use, that is copyright violation.
Quote:
never said they would argue they "Trying" to contact the copyright holders, just that the burden to require them too is unfair.
See above point.
the only way that the CRIA/RIAA are going to avoid proving that point is to roll over and pay out what would translate into trillion dollars in judgement. If they fight at all, they prove the point that the torrent sites have been repeatedly saying. That the safe harbor takedown process is good enough already.
Anything more would be abusive.
|
This goes back to my first point. If the record label can prove that they did pay some people and that they at least made a token effort to contact some other people they might be able to say it was an honest mistake (of course it is bullshit, but they might get away with it). If that is the case the the torrent site can't use that defense because they have never even made a token effort to contact artists and give them royalties.