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Discuss what's fucking going on, and which programs are best and worst. One-time "program" announcements from "established" webmasters are allowed. |
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#1 |
Confirmed User
Join Date: Aug 2003
Posts: 7,082
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RIAA lawsuits bite them in the ass as artist sue record companies same infringements
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#2 |
Registered User
Industry Role:
Join Date: Feb 2006
Posts: 22,511
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everyone reads torrent freak. who gives a fuck man. get a blog.
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#3 |
Confirmed User
Join Date: Aug 2003
Posts: 7,082
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i find it funny that the record companies while arguing that torrent sites should seek out the copyright owner and get authorization before posting a single torrent
have an internal policy of just creating an ever growing list of infringment to handle later |
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#4 |
Confirmed User
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Join Date: May 2007
Posts: 7,348
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awesome to see the artists fight back against these greedy bastards.
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#5 | |
Confirmed User
Join Date: Jan 2008
Posts: 517
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Excellent news...
hope they pay not only because its the right thing to do but... Quote:
![]() and the industry will pay just to get the legal precedent. 60 billion is chump change compared to what they will reap after the 'investment in legal precedence' thanx giddyboy ![]() ![]()
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believe me - without free porn, just as many people will seek porn out on the Internet, and many more will pay if there is no free alternative, its not like sex is a fad - it can be milked much like any renewable resource - long term ![]() ![]() ![]() |
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#6 |
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Join Date: Apr 2002
Location: Los Angeles
Posts: 6,986
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That is some funny shit.
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#7 | |
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Join Date: Aug 2003
Posts: 7,082
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remember unlike everyone who is sharing content without profit directly from it (every file sharer) the record companies were SELLING the artists songs without permission. that difference alone will prevent it from being a precedent in their favor. It interesting because if they don't completely roll over, any arguement that it is to difficult to find the copyright holder to pay them IS going to be a legal precedent that every torrent site can use to justify their current model. |
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#8 | |
Too lazy to set a custom title
Join Date: Aug 2001
Location: portland, OR
Posts: 20,684
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Quote:
They are both ripping the artists off, they are just going it in a different way. For a torrent site to argue that they were trying to contact the copyright holders and pay them but couldn't do so would mean that they would have to show that they were taking a portion of their profits and giving it to copyright holders to begin with and that isn't happening. |
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#9 | |||
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Join Date: Aug 2003
Posts: 7,082
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Quote:
the record companies are saying it not a burden to establish copyright and pay liciencing fees BEFORE post a single file while at the same time NOT doing that themselves. IF they argue against paying out the full damages (which is easily 100k times 60 billion because MG counted 1 infringement per record of pending, not 1 infringement per sale) they PROVE ABSOLUTELY that request is an unfair burden. Quote:
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never said they would argue they "Trying" to contact the copyright holders, just that the burden to require them too is unfair. See above point. the only way that the CRIA/RIAA are going to avoid proving that point is to roll over and pay out what would translate into trillion dollars in judgement. If they fight at all, they prove the point that the torrent sites have been repeatedly saying. That the safe harbor takedown process is good enough already. Anything more would be abusive. |
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#10 | |||
Too lazy to set a custom title
Join Date: Aug 2001
Location: portland, OR
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#11 | |||
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Join Date: Aug 2003
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2. they put it on a list 3. and decide to settle up with the artist later if they can find them 4. when artist (or their heir) complain about it they don't pull the work, they keep selling it i would say that an order of magnitude worse then the we will take it down if you file a valid DMCA complaint way which means if they can get away with it by making a token attempt to find the artist they will open a giant loophole for every torrent site to walk thru. Quote:
where the supreme court has ruled that three conditions of a contract has been met for legitimizing "piracy" (offer acceptance, consideration) so your statement is total fucking bullshit. Quote:
if they get away with it with a bullshit arguement that it was an honest mistake, how long do you think it will be before a torrent site start making the same "Token effort" to get out of the liablity. remember that this record company can't hide behind the arguement that they are providing fair use services (backup recovery, timeshifting, access shifting) because they were actually selling the content directly on cd (commercially bought and therefore exempt from the piracy tax). this is a bad case for the RIAA/CRIA they are damed if they win / and damed if they lose. |
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#12 | |
Too lazy to set a custom title
Join Date: Aug 2001
Location: portland, OR
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Quote:
1. The record companies settle with the artists. They agree to pay those on the list whatever they are owed plus legal fees and maybe a little bit more. If that is how it ends then these same copyright holders can go after torrent sites and say that they are using their copyrighted materials to make a profit and are not paying them for it. The torrent site will try to hide behind a safe harbor/fair use defense and we will finally get some kind of ruling about this. 2. The record labels lose and have to pay up. I don't think the final amount would be 60 billion, because something like that would be held up in court for years and years and years. But let's just say that it ends up being that amount. Now we have basically a second legal president for the $20,000 per track argument. There were individuals who have been hit for that amount and now the record companies themselves have been hit for that amount. So the labels can now go after more people with a blanket number. If they find you are sharing songs on the network they hit you for 20K a song. They could, technically, also go after the torrent site for that amount. If you are linking to a torrent of a song they could argue that this is distributing that song and hit you for 20k for every song listed on your site. Doesn't mean they will win that much, but it could shut a lot of sites down. They could try to force the torrent sites to prove just how many of their users are using these torrents for fair use and how many are just downloading it and sharing it because they want it for free. |
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#13 |
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haha this is hilarious
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#14 | ||||
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Join Date: Aug 2003
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now this case will absolutely prove it not reasonable to expect that. Every appeal every claim that this is ok results in another case that can be used in the next defense. That would all have to gotten thru BEFORE you could ever deal with the fair use defence. Quote:
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So this case can never set the precedent that 20k is justified for non commercial (peer to peer sharing) becuase even if they win all that amount the peer to peer sharer can say, that doesn't apply to us because i am not selling the goods at all. and that his a huge difference. Even the torrent sites are not DIRECTLY profiting from the copyright infringement, like the record companies in this case. This case can only add legal "loopholes" for torrent sites and peer to peer shares. Quote:
nothing set in favor of the copyright holders can apply because fo the huge massive difference between DIRECTLY profiting from the infringement and INDIRECTLY profiting from the infringement. The indirect nature means that the torrent site can't know when they are making money from infringement, fair use, or fully licienced distribution while the record company is 100% aware that all revenue is made from the infringement. The torrent sites will always have that extra "excuse" however any ruling in favor of the record company that will "Excuse" their direct infringement would be allowed to applied to any indirect infringement as well. becuase quite simply it justified or excused the infringement. |
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#15 | |
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Location: portland, OR
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Let me explain it: Guy builds torrent site. Guy fills torrent site with a bunch of torrents to all kinds of music. People start coming to the site because it has free music on it. Site gets popular. Guy sells advertising or puts some kind of advertising on the site. Guy makes money from said advertising. Guy profits DIRECTLY from copyright infringement. Every person who visits a torrent site to download music is not covered by fair use. Even if half of them are that means half of them are not that means half of the income from that site is derived from copyright infringement. Now here is where you explain to me how torrents work and DMCA and you can't kill a technology because some people use it for illegal purposes and someone somewhere in Canada paid an extra 6 cents on a blank CD they bought which means you can download all the music you want for free and another guy can't get to a record store and doesn't have a credit card so he can't use Itunes or something similar so he has no choice but to get his music from the torrent sites and really every use anyone could ever come up with for downloading music off the torrent site is actually covered by fair use. |
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#16 | |||
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Join Date: Aug 2003
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which means they know every single sale made is made without the authorization of the copyright holder BEFORE the sale is made. Converse the torrent site has no way of know which person is using the torrents for recovery and which are committing copyright infringement until after the person connects to torrent and downloads the file. Quote:
however i noticed you mixed in something that was not fair use to try and justify invalidating what is fair use i have highlight the bogus part, of course i have done that multiple times before for you and you keep doing it so either your an idiot with a reading and comprehension level of 2nd grader or your are deliberately doing it to try and make your bogus point. |
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#17 | |
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Join Date: Aug 2003
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Quote:
The advertising revenue is per page view, it doesn't care if the page view comes from pirated copy or the authorized copy compare that record company puts copyright material on cd record company sells cd to consumer every dollar made is directly linked to the infringement your own statement proves that it indirect they get the money from the advertisers, that revenue exists weather the page in question is infringing or non infringing. oh and btw the indirect nature is what made the vcr legal too vcr at the time could be used for two purposed to copy stuff illegally (the manual actually warned against that) or to timeshift content you paid for the fact that some of the potential use was infringing didn't make the technology illegal nor did it require them to put some sort of check before they sold the device to make sure it was not used for the illegal purpose. Such an act would a have completely prevented timeshifting (how could you tell what i was going to do with it when i got home) |
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#18 | |
Choice is an Illusion
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#19 | |
Too lazy to set a custom title
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Location: portland, OR
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Quote:
That is it. Torrent sites are DIRECTLY profiting off of copyright infringement. It might not be 100% of the profit that they make, but they are profiting off of it. |
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#20 | |
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#21 | |
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A->B would be directly profiting as in i sell you infringing copyright material you give me money A->B ->C would be be INDIRECTLY that being i provide a service which allows people to POTENTIALLY infringe on copyright, i get money from the independent third party advertisers. |
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#22 | |
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#23 |
I am Amazing Content!
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Join Date: Feb 2004
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i still don't get why people argue with gideon
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AmazingContent.com - providing only the best content and service since 2003 Monetize your content on Veegaz.com - one of Germanies largest VOD sites Got German traffic? We convert it into money for you! Skype: madalton02826 - Email: oltecconsult [at] gmail [dot] com |
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#24 |
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#25 |
working on my tan
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#26 |
null
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they need to pay up, they're always screwing artists over
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#27 |
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what i don't understand is how some people are so stupid that they don't even know the difference between directly and indirectly
that should have been taught in the 3rd grade. |
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#28 | |
I am Amazing Content!
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AmazingContent.com - providing only the best content and service since 2003 Monetize your content on Veegaz.com - one of Germanies largest VOD sites Got German traffic? We convert it into money for you! Skype: madalton02826 - Email: oltecconsult [at] gmail [dot] com |
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#29 | |
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Location: portland, OR
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Look at it like this. If you have a porn paysite you are making money directly from porn. If you run a tube site where you give the porn away for free, but you advertise dating sites, you are still making money directly from porn. No porn on the site means no traffic to the site means no income. |
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#30 | |||
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Join Date: Aug 2003
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Quote:
just because the revenue can ultimately be traced back to the infringement (assuming 100% infringement to be consistent with the 100% infringement in this case) that does NOT make it DIRECTLY related. you are applying the definition of an INDIRECT transaction to the definition of a direct transaction even though the are the exact opposite. Definition of indirect Quote:
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it can not be direct because the "traffic generated" is both an intervening space in the process, a divider in the next in order, and a delay in the income flow. (fails to be direct) Conversly it meets all the conditions opposite points in the definition of indirectly. (see above since they are opposites it just the reverse of the point i just made) (is indirect) you really need to pick up a dictionary once in a while, this is the copyright is theft vs fraud all over again, however at an even more elementary level (3rd grade reading and comprehension level). |
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#31 | |
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I see it like this. Definition of Direct: 1. in a direct line, way, or manner; straight: The path leads directly to the lake. So: Site has copyrighted materials on it that they do not have permission to post ----> people visit site to get access to said materials ----> Site builds traffic and sells/displays advertising ---->profit. The path from copyrighted materials appearing on their site leads directly to dollars in their hand. |
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#32 | |
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Quote:
so your idea of a valid definition is to cherry pick one of the conditions and ignore all the other failures like having intervening spaces (----> people visit site to get access to said materials ----> Site builds traffic and sells/displays advertising ---->) or has a delay (people visit site to get access to said materials ----> Site builds traffic and sells/displays advertising ---->) if you definition was in any way shape or form right you would be able to give an example of INDIRECTLY profiting from copyright infringement that is completely different and could not be misrepresented as a straight line (by ignoring the forked conditions on that path like you just did) |
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