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Originally Posted by RawAlex
Gideon, nobody is ignoring your point. You are ignoring everyone else's points though.
Wrong. You cannot take the physical limitations (or lack of) on a VCR and have it just wipe away copyright restrictions. At the time of the Betamax decision, the widest potential distribution for a single copy of a video was "immediate friends" and it wasn't an issue. VCRs are sold ot the public make only degraded copies (technically, they record less than the true image, compressing it and using less scan lines, then artificially puffing it up on playback. When you record that playback signal, the end result is even worse picture quality. But about the 5th copy, it looks like a snowman in a snowstorm at night). The courts didn't touch on or addres the concept of mass reproduction because that wasn't in the scope of the trial. The EXTREMELY LIMITED RIGHTS gained because of the betamax case in no way extend to mass redistribution or reproduction. Until you get this stupidity out of your head, you won't understand any of the other underlying concepts.
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you keep trying to make the arguement that the courts made their decision based on characteristics that did not EXIST at the time they made the decision.
Digital copies did not exist at that time, and the court did not have a time machine to look into the future and see that technology comming
The effectiveness of BETAMAX VCR was 3-5% degrade over the VTR that were being sold to tv stations to broadcast tv shows at the station level.
The court case in question did not make the distinction you are making because they were unaware of the technology you are aware off. The declared "time shifting" as a valid fair use right adding it to those rights that were explicitly granted by the act itself.
The best quality recording i can now make using the VCR's current day counterpart (DVD RECORDER or PVR) is the same or better quality than i can get with torrent site.
and just like the VCR in the betamax case i can use torrents for the legitimate fair use of "Time shifting" or for the illegal act of piracy. The difference is weather i owned a right to view the content in question.
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WRONG AGAIN!
Torrent files aren't "innocent pieces of data" anymore than guns are innocent repositories for gunpowder. People who trade torrent files aren't trading them for fun, they are trading them for the information they contain, the keys to castle as it were. Without the torrent files, there would be no P2P file sharing over TPB or any other torrent file site. Eliminating torrent trackers / torrent search engines would more significantly limit P2P file trading than attacking any single seeder. Without those things in place, the seeders would be seeding to NOTHING.
The entire process is what causes the copyrighted material to be shared without permission. Remove the locating services, remove the torrent files themselves, and there would be no method for anyone to find the stuff to start with. It is a "pimp and ho" sort of thing. The pimp profits from the ho. Get rid of the hos, and all you got left is a bunch of uneducated men in funny fur coats.
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but you are again ignoring that information that explains how to
make a bomb
is also not an innocent piece of information. IT can be used to KILL PEOPLE
the information is protected by first amendment and by copyright law. SO again why do you have a right to violate their first ammendment rights when the government does not have a right to violate the first ammendment rights of bomb making books/webpages.