Quote:
Originally Posted by Nathan
Sorry, but I do not agree that this is the same thing...
I will try to find a more comparable scenario... its not easy though:
Steve buys a DVD of my videos in a store, he then duplicates this DVD a billion times and puts them all in a big truck on the side of the road, with a sign on it saying "take one free".
You now come by and take a DVD and walk on.
1) In real life, you would most likely not be sued, I would have to check this a bit with my lawyers though to be honest but I think copyright law wise there is no way to sue you because you took the DVD.
2) I would not want to see you prosecuted, I would only want to see Steve prosecuted for doing this in the first place.
An example of why I said before this seems dangerous..
Imagine I now, because I actually managed to sue you and you had to pay me $500, make a billion copies of my DVDs, put them in a truck on the side of the road, put the sign up myself, and make a photo of everyone taking a DVD. I then sue them all a month later based on the photo because they took the DVD without paying...
And this would be much easier to do online than offline...
This is the only reason I find suing those people dangerous. I in general understand why people would like suing downloaders, I just think it opens up a possible can of worms...
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If suing the uploader is ok, then why not expand it up another level in the hierarchy?
Let say the owner of that "road" is charging the bypassers and credit the ones who use the road to give out copied DVDs. How he finance the road does not matter, one way of another he needs to finance it, and what he need (and encourage) is motivation for using his road.
Shouldn't the owner of the road also be stopped, if he motivates and knows what is going on, but ignore it or simply hide behind a law that protect his lack of morality? For his own gain?
The point is that eveyone know what is going on, including the downloaders. They are not the biggest part of the problem but still a problem. Their demands increase along with the creation of it, and by doing so, they need to learn to say no. Age, mentality or simply-gives-a-fuck, they all have in common they need to learn.
The uploader is subject to bigger punishment because he creates more damage. However he is not that easy to get to and usual it should be a job for law enforcement because of the size of damage he make. It is criminal. But law enforcements do not have enough time or ressources, they have to make priorities.
The host is the biggest problem if he allow it to happen. And that is the reality in many cases.
He opened the can of worms, the destruction of internet and rights - not the little guy who try to stop it and fighting for his own work
