Quote:
Originally Posted by gideongallery
and RPVR of cablevision was not just a timeshifting tool
and a SMS server is not just a backup tool
the legal point is not what it COULD be used for but what it IS used for.
someone using kazaa to get music they never bought is violating copyright law
someone using kazaa to change format shift content they bought is not.
read ruling in the 20th century fox vs cable vision ruling.
The judge (and the supreme court agreed) that the point of view you must take when determining if something is fair use or not is end user
fair use counts even in large amounts.
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That's IF it's fair use... then all that would apply. However - this case has nothing to do with fair use, it's not fair use - at all.
If you upload content to "change format shift content" and it's for yourself ONLY, then you're fine. But once someone else downloads it, YOU are in violation of copyright and not the person downloading it - they would be subject to fair use - depending on the use.
Do you read any of these court rulings you always quote?