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Old 06-18-2010, 09:53 AM  
TheDoc
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Join Date: Jul 2001
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Quote:
Originally Posted by sortie View Post
The Napster case proves you wrong.

The music and movie business are making money because they smacked Napster
in the ass and made youtube get serious too.

The Napster case was years ago buddy. Years ago. About a decade ago, so
now you are pointing to music industry profits from this year.

The issue is not "absolute copyright"; the issue is the failure of people to understand
fair use. Plain and simple, if the material is not used for education, critical speech,
news reporting, commentary then it's going to be a violation. Using a small portion
of the material is not a way to get around the above mentioned criteria.

A porn review site that shows a short clip from a pay site along with a review is
fair use. A tube with no review, full length movies, and not even a reference to
the pay site is not fair use.


http://en.wikipedia.org/wiki/Napster
Heavy metal band Metallica discovered that a demo of their song ‘I Disappear’ had been circulating across the network, even before it was released. This eventually led to the song being played on several radio stations across America and brought to Metallica’s attention that their entire back catalogue of studio material was also available. The band responded in 2000 by filing a lawsuit against Napster. A month later, rapper and producer Dr. Dre, who shared a litigator and legal firm with Metallica, filed a similar lawsuit after Napster wouldn't remove his works from their service, even after he issued a written request. Separately, both Metallica and Dr. Dre later delivered thousands of usernames to Napster who they believed were pirating their songs. One year later, Napster settled both suits, but this came after being shut down by the Ninth Circuit Court in a separate lawsuit from several major record labels (see below).

Also in 2000, Madonna, who had previously met with Napster executives to discuss a possible partnership, per Napster's then-CEO and then-head of marketing, and who was rumored to own a percentage of the company,[according to whom?] became "irate" when her single "Music" leaked out on to the web and Napster prior to its commercial release, causing widespread media coverage.[6] Verified Napster use peaked with 26.4 million users worldwide in February 2001.[7]

In 2000, A&M Records and several other recording companies, via the RIAA, sued Napster (A&M Records, Inc. v. Napster, Inc.) for contributory and vicarious copyright infringement under the US Digital Millennium Copyright Act (DMCA).[8] The music industry made the following claims against Napster:

1. That its users were directly infringing the plaintiffs' copyrights.
2. That Napster was liable for contributory infringement of the plaintiffs' copyrights.
3. That Napster was liable for vicarious infringement of the plaintiffs' copyrights.

Napster lost the case in the District Court and appealed to the U.S. Court of Appeals for the Ninth Circuit. Although the Ninth Circuit found that Napster was capable of commercially significant non-infringing uses, it affirmed the District Court's decision. On remand, the District Court ordered Napster to monitor the activities of its network and to block access to infringing material when notified of that material's location. Napster was unable to do this, and so shut down its service in July 2001. Napster finally declared itself bankrupt in 2002 and sold its assets. It had already been offline since the previous year owing to the effect of the court rulings.[9]
Both Industries were making money with Napster around and newsgroups and irc were 1000x larger than Napster at the time. As well, piracy today is far larger than it was when Napster was around.

Napster which controlled the access to the files, logged it, etc... wasn't removing them on notice and was profiting from it too, without sharing the profits through the distro method. It was a direct copyright violation. Because Napster set the 'what not to do standard' everyone today, knows what not to do.

With Tubes... if you send them a notice, and they don't take it down you can sue them. Re: Topbucks - But if the tube takes them down, it's NOT a Copyright violation and you can't sue them, for that.

Quote:
Originally Posted by sortie View Post
The only reason illegal porn tubes still exist is because no one wants to
appear to be supporting the porn industry.

No senator is going to give a speech about the lost profits of porn due to piracy and
that action must be taken to protect the porn industry.
They wouldn't be supporting the porn industry, they would be fighting it from being so easily viewable from children, no support needed at all.

They can't do that because 1) You have the same Copyright laws that the Music/Movie Industry has and uses. 2) Freedom of speech wins.

Quote:
Originally Posted by sortie View Post
Yeah, because I can give you an EXCLUSIVE license to distribute my content for free
on your domain. You may pay me $500k for this license and now some torrent is
giving out for free what you paid $500k to give away for free to attract surfers.

If I buy exclusive content for my free site that doesn't mean someone can
download it from my site and then build another free site with it.
They need to pay the content producer for that right and since the content is
exclusive the content provider will not give a new license and thus protects my
web site exclusivity and the value of his/her content.
Radio head is a great example... give it away for free, it's pirated for them increasing exposure, allowing them to get more fans, sell more songs and make more money than ever before.

Correct, if someone downloaded your site and made a new one, that would be Copyright infringement. That's not what tubes are doing though... 1) they don't have your entire site 2) they aren't downloading it from you. 3) surfers are allowed to download the content, and they can legally upload it too. You're not selling multi use lic to the members, they can download, burn, upload it to any place they like. Just like music and movies...

Unless your content is restricted, it is illegal to hack or bypass DRM, it's criminal. If anyone put 500k of content online and didn't protect it, then they're stupid.. why not build a mega house in the ghetto and leave the doors open?
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Last edited by TheDoc; 06-18-2010 at 10:00 AM..
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