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Originally Posted by kane
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.
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seriously you need to read the ruling
your adding conditions which were not defined in the ruling.
there is no hard line between the persons home and those serves the cloud defines a lot of public middle steps.
the other machines in the swarm between the original seeder and the ultimate leecher are those middle steps.
it just so happens it a mesh relationship vs a client server relationship
that all.
it like when you tried to demand that accept commercials in the official timeshifting choice.
offical with commercials you could fast forward over vs torrented with no commercials.
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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.
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seeding is not an active process it a passive/responsive process, it making available and only making available.
if anything putting all the pieces in a single self contained container (garbage bag) is more actively making available because your grouping it all together in one place.
that actually the opposite of how seeding works.
the fact is until the pieces are put together IN THE RIGHT ORDER you never have a working copy of the file
until that point it nothing more than a transient cache of data.
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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.
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except if people made copies of those pieces and put those pieces together
remember fair use is the only authorized non licienced way to get around the monopoly granted to the copyright holder
disposing of copyright material is not a protected fair use
it may seem stupid but bad shredding is more of a copyright infringement since it both not fair use or licienced.