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Originally Posted by gideongallery
first the highlighted portion is your opinion, and so far no matter how many times i have asked you to produce a single case to back it up you have never done so.
second using torrents as a vcr is timeshifting not access shifting and time shifting is the fair use for when it airs in your country
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As I said, and you made my point for me. If the show DOES NOT air in the country then those people do not have the right to download it because they have nothing to timeshift.
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third the fair use of access shifting has not been established yet, however case law like the 1 download != 1 lost last therefore no automatically counting each download as an infringement ruling in EU is the basic foundation for this new fair use.
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So since there is no access shifting established, again, if it hasn't aired, they don't have the right to download it.
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wrong question
do i believe the copyright holder should have a right to stop them from downloading it for free
no.
that how fair use works, the exclusive rights don't exist for the scope of fair use. it effectively public domain content for that scope.
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So you contradict yourself here. You say that access shifting hasn't been established, yet you think people should be allowed to access shift.
It is not public domain content. The owner of the content may wish to market to that country at a later date so the copyright owner should be allowed to protect their content if they see fit.