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Originally Posted by johnsteele
Real quick thoughts:
Steve and others ARE sticking to their primary business, and outsourcing enforcement on a contingency fee basis. Beats paying per letter to a site that will repost the content the next day.
The murky "bad precedent" argument is too vague. I am not sure people getting caught and having to pay the content producers is a bad precedent. Or establishing multiple cases where rulings make it clear that the BS defenses the pirates have are in fact BS.
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so agree to pay for the extra legal cost if the bad precedent is set then. If there is no possiblity of it happening you really should have a problem committing your firms resources.
real copyright lawyers know that timeshifting was extended to the cloud, other fair uses will also be extended in such a way.
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Most importantly BITTORRENT IS NOT USED FOR LEGITIMATE DOWNLOADING. What a misguided argument. P2P is used to anonymously steal content (well, not so anonymous anymore
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what the fuck are you talking about bit torrent is a public broadcast protocol, you have always been able to identify the ip address of the seeders by definition that how you know who to connect too.
if you don't understand that simple fact how the hell can you be expected to understand the legal consequences of technical specs.
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P2P would not be used by a content producer who sells content and has it downloaded directly from his site to his legitimate clients. Bit torrent is horribly slow and inefficient compared to a direct link to a porn site. When we see bit torrent, we ask ourselves, "Hmmm, what is this person stealing today". And one study showed that 99.3% of all BT is illegal. Anyone here use BT for legal purposes?
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currently more than 50% of all bit torrent traffic is content that is broadcast on tv. The majority of bit torrent users are using it as a vcr. And it is an obviously superior version of a vcr. the swarm is a pvr that has an infinite hard drive, which records every show, and allows you to watch what you want whenever you want, and skip the annoying commercials.
it allows people to tune into shows they didn't realize they would have liked because the tv stations did a substandard marketing of the show ( supernaturals).
the only way you get ot 99.3% illegal is by ignoring fair uses like timeshifting (see above) backup and recovery etc.
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Oh and fair use has been so discredited by federal courts on this issue that I suggest people considering that argument obtaining a westlaw account and research it. People relying on that nonsense are going to be paying our clients big money.
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says the divorce lawyer who doesn't even understand the reference spec of the protocol he is discussing.
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At the end of the day, it is all about results. The number of companies contacting my firm since the AVN article is only overshadowed by the number of pirates tying up our phone lines to discuss settlement. Something tells me Steve will be more than vocal about any success we have for him.
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so why not agree to cover all the legal expenses if the bad precedent happens. If you truly believed it never going to happen, you should have a problem committing your firms resources.