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Originally Posted by CrkMStanz
the granted right to backup assumed that the backups were not shared, especially if those 'backups' contained copyright material that you did not own distribution rights to.
the granted right to timeshift is perfectly valid - always was - as long as you PAID for the original and did not distribute it or the copies publically or for profit
the granted right to format shift is also perfectly valid as long as you PAID for the original format and didn't sell or distribute publically
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total bullshit
no where in the fair use statue does it ever say fair use has to be private
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Section 107 also sets out four factors to be considered in determining whether or not a particular use is fair:
- The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes
- The nature of the copyrighted work
- The amount and substantiality of the portion used in relation to the copyrighted work as a whole
- The effect of the use upon the potential market for, or value of, the copyrighted work
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if backups became illegal the second they were shared system management servers would be illegal
corporate ghosting images would be illegal
both restore an image to 1000s of machines from one shared source.
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the various 'backup and distribution' sites are abusing the hell out of the 'public distribution' portion and the 'sell' portion
I think the core of your argument is: you think that - 'everything must have been paid for at least once' and therefore it is a valid argument that "making 'everything' available for free (because it is a 'backup' to 'someone') is righteous"
"and if pirates make a shitload of 'incidental' cash from advertisements, well thats just dandy."
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well since your public vs private arguement is total bullshit made up by you
yeah
torrents are network effect version of a vcr
they are superior to any pvr on the market because they are basicallly an infinite hard drive pvr which records every show and never goes down for any reason.
they have 20k built in redundancy
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also - your 'shoe analogy' (or any hard good 'rights') assumes that you bought A product that can't be instantly, perfectly, and for free - copied - and distributed - so do with it whatever the fuck you want - sorry, try again.
you are so batshit crazy 
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how easy it is to copy doesn't change the fact that copyright is about taking away property rights from the buyer and replacing them with licience rights instead.
that the point your trying to equate property rights to a model that specifically eliminates property rights.