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-   -   Fair Use was Unfairly Used in COURT. Judge hands the smack down. Gideon is in denial. (https://gfy.com/showthread.php?t=942499)

kane 12-11-2009 01:31 AM

Quote:

Originally Posted by gideongallery (Post 16635433)
you finally got there is a difference between directly profiting from infringement and indirectly profiting from infringement

selling advertising that is within the video itself couples the revenue DIRECTLY to the content since they will only see those ads if they download the video

providing a swarm based backup solution and selling advertisers space around the pages that provide (which people will see weather they download or don't download the video) is indirectly profiting from copyright infringement.

there is a huge difference between the two, sony admitted in their manual that their device could be to infringe on copyright, and even that did not justify stopping the sale of the vcr.

Actually, I was being sarcastic. There is no real difference between them and we both know it. :)

Joshua G 12-11-2009 06:53 AM

Pointless thread. Copyright is dead.

except for the rich, who can afford lawyers & supeenas & settlements, for them copyright is only 95% dead.

when someone breaks a law, like robbing a store, the law is there in minutes. People go directly to jail.

Someone posts a video, swipes a design, image etc. there is no "copyright enforcement." nobody goes to jail in minutes. there is a 99.999999% chance nothing will happen to you. The web is an ocean of data that crosses borders & copyright law has varying relevance. & that relevance is only useful to the wealthy, who can afford to use the law.

But even when the rich defend their copyright, it provides zero chilling effect to the world of file sharers & content thieves. The web is a fucking free for all.

Be happy if you can still make any living wage selling content online.

gideongallery 12-11-2009 07:56 AM

Quote:

Originally Posted by kane (Post 16635445)
Actually, I was being sarcastic. There is no real difference between them and we both know it. :)

that makes you a world class moron because their is a huge difference

if there was no real difference then devices like vcr which admitted that they could be used to infringe on copyright in their manuals would be illegal because the profits they generated from the indirect infringement would give them the same liablity as if they were directly profiting from infringement.

the fact that they are not proves absolutely there is huge difference.

CrkMStanz 12-11-2009 03:19 PM

Quote:

Originally Posted by gideongallery (Post 16635238)
but your paying for the live interaction, the continued opperation so that a completely bullshit analogy and you know it.
IT not static content, it the live interact you are paying for, and oh yea if you cancel your subscription to WOW you can still play it offline so even on that point your arguement is BULLSHIT.

WoW (pun intented) - you should have checked the game you reference out, before you attempt to guess how it works.

Adult web site has interactive content, forums, chat (group or 1 on 1), live feeds, can all be considered for 'live interaction'
WoW - MMO - yup on the live interaction.

Adult web site - contiues operation thru revenue
WoW - continues operations thru revenue

Adult web site - not static content (well, some are - but the free market will treat them accordingly)
WoW - not static content

Adult web site - has a product being offered for sale on a monthly pay basis
WoW - has a product being offered for sale on a monthly pay basis

Adult web site - when you stop paying you no longer have access to the site
WoW - when you stop paying you no longer have access to the game (I do not know where you got the idea that you could play it off-line, Even the 'private' servers require that you play online, and Blizzard/Activision shuts them down as soon as they are discovered. There is no solo-play option)

so seems they are the same and my observations are not quite the bullshit you claim it is.

Quote:

Originally Posted by gideongallery (Post 16635238)
you can't TOS away fair use, you agreed to them to get exclusive rights as a copyright holder, if you don't honor them you are in breach of your agreement with the government don't have those exclusive rights anymore.

I cant TOS away your fair use to do a PRIVATE backup, nor your right to do a parody, nor your use in educational or research pursuits, nor anything that is provided for in the law - I can however, TOS anything else I want. (note the word private)

Quote:

Originally Posted by gideongallery (Post 16635238)
well i have pointed out those laws to you specifically multiple times, the supreme court just recognized timeshifting in a cloud (and yes a portion of that cloud was the public internet)
so the only reason your not aware of those case is becuase you chose to ignore those cases.

recognizing the extenuating circumstances of one case does not legitimize what is actually going on.

and you still don't answer the question - where, in ANY law, constitution, amendment, ruling...etc... that says I do not have the right to bill a customer a second (third, fourth...) time for my product. Just because you don't like it does not mean that I have 'no right to...'


A-CTA is coming :thumbsup and you are going to suck on it hard!

gideongallery 12-11-2009 06:29 PM

Quote:

Originally Posted by CrkMStanz (Post 16637360)
Adult web site - when you stop paying you no longer have access to the site
WoW - when you stop paying you no longer have access to the game (I do not know where you got the idea that you could play it off-line, Even the 'private' servers require that you play online, and Blizzard/Activision shuts them down as soon as they are discovered. There is no solo-play option)

so seems they are the same and my observations are not quite the bullshit you claim it is.

ok i misspoke i was talking about offline as in not on their pay subscription servers

i have played wow on private servers for years.

Blizzard keeps people comming back you updating and giving new value thru regular expansions.
It nto just selling the same old shit repeated.
as for comparing it to watching porn videos once i download them i am free to watch them as many times as i want without paying monthly fees for that.

Secondly if live interaction of your forums was adequate to satisfy the member then you don't need protection from copyright, that live interaction is not protected by copyright, it doesn't need to be because it can't be copied.

the only reason you are bitching about requiring the laws to change is because you know your live interaction is a joke compared to blizards
they update more frequently and the network effect of all the people you can play with compounds the value of the site.






Quote:

I cant TOS away your fair use to do a PRIVATE backup, nor your right to do a parody, nor your use in educational or research pursuits, nor anything that is provided for in the law - I can however, TOS anything else I want. (note the word private)
bullshit you don't get to decide which fair uses you have to respect, you agree to respect them all period. pretending that the law says only private backups are covered doesn't make it true.



Quote:

recognizing the extenuating circumstances of one case does not legitimize what is actually going on.

and you still don't answer the question - where, in ANY law, constitution, amendment, ruling...etc... that says I do not have the right to bill a customer a second (third, fourth...) time for my product. Just because you don't like it does not mean that I have 'no right to...'


A-CTA is coming :thumbsup and you are going to suck on it hard!
you don't have a right to bill your customer a second or third time, you have the ability to do so, they likewise have the ability and the right to use any fair use backup to avoid that double and triple billing.

Rights have to be explictly codified , so the fact that now explictly said you don't have the right doesn't make your ability to do so a right.

you have "no right to " stop me from using any backup /recovery tool i want (including the torrents ) to recover the content i bought from you.

you have no right to force me to use inferior backup, (private backup only)
you have no right to force me to buy backup rights from you

all of those were explictly spelled out when the copyright act explictly said that the exclusive right apply NOT WITHSTANDING fair use.


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