Quote:
Originally Posted by TheDoc
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?
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so by that standard if you throw copyrighted song in the garbage and i search thru your trash and make a copy your guilty of a copyright violation
the make available ruling was thrown out, in this case btw
that the reason it went from 1700 violations down to only 24
because kazaa auto indexed her my music folder, she ripped most of the songs to the default location (my music folder)
the remaining 24 were songs who's source was the kazaa network.
you have to understand that every fair use can be precieved as infringement if you look at it from the networks point of view.
in fact when the original ruling came down in 20th century fox vs cablevision that exactly why they ruled it was an infringement.
the appeals process showed that if you looked at it from the end users it was no different then useing a vcr to play timeshifted content.
The key point is that the pov you must use because that the ruling of the supreme court
if you look at from that point of view, there is no difference between clicking a few buttons on cd ripping software, to make a formated shifted copy of your mp3 to your my music folder and clicking a few buttons to make a formated shifted copy of an mp3 from the kazaa network to your music folder.
once it there legally, sharing it due to an autoindexing of kazaa is no different then the over
1600 songs she was found not guilty of infringing on.