Quote:
Originally Posted by gideongallery
one you need to read all of the case briefs
the internet is used for parts of the distribution of the content in the case example
and if you know anything about tcp/ip packets you know that by the very nature of the protocol it broken into pieces to handle the transmission
2. if you want to argue that giving away a piece of something is just the same as giving away the entire copy for the purpose of distribution you going to wipe out the internet (see tcp/ip above)
3. if you apply the rule to digital material your going to have to apply it to physical content which means doing things like shredding documents and putting them in the garbage is going to copyright infringement if someone dumpster dives and puts those pieces together.
4. which means this type of setup case is going to happen a lot, better get ready to spend 20 k on a military grade shredder that turns the document into a fine powder or you going to lose your house the next time you shred a document.
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I'm not arguing that that giving away a piece is the same as giving away the whole thing. I am simply saying that a cloud of servers managed by a company that people use to record their TV shows/movies on as a DVR service is different than a swarm of torrent users who are downloading and seeding those shows/movies to other users.
Your example of physical content holds no water. If I shred something and someone takes it out of my garbage and puts it back together it is out of my hands and I had nothing to do with it. If I download a file and then actively seed it so other's can download it then I am taking an active role in the possible infringement. Also, if I shred something and throw it away likely I no longer have it so it would be no different than giving it to someone as a gift. Where the infringement comes in is if I copy it then give the original away and keep a copy for myself.