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Originally Posted by kane
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.
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1. the record companies know they don't have the right to the songs
2. they put it on a list
3. and decide to settle up with the artist later if they can find them
4. when artist (or their heir) complain about it they don't pull the work, they keep selling it
i would say that an order of magnitude worse then the we will take it down if you file a valid DMCA complaint way
which means if they can get away with it by making a token attempt to find the artist they will open a giant loophole for every torrent site to walk thru.
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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.
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this is canada, where we pay a piracy tax on recorded media to pay artist for piracy
where the supreme court has ruled that three conditions of a contract has been met for legitimizing "piracy" (offer acceptance, consideration)
so your statement is total fucking bullshit.
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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.
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see above about how much more of an abuse the record companies actions are
if they get away with it with a bullshit arguement that it was an honest mistake, how long do you think it will be before a torrent site start making the same "Token effort" to get out of the liablity.
remember that this record company can't hide behind the arguement that they are providing fair use services (backup recovery, timeshifting, access shifting) because they
were actually selling the content directly on cd (commercially bought and therefore exempt from the piracy tax).
this is a bad case for the RIAA/CRIA they are damed if they win / and damed if they lose.