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Originally Posted by gideongallery
the problem is that people like SF and RAW want to ignore the fair uses of the technology
I use torrents to "timeshift" (BETAMAX CASE) viewing rights to a later date, or to "recover/backup" lost files i paid for (321 Studios Software).
both of those fair use rights have been recognized as valid.
AND IF YOU WENT AFTER THE INFRINGING SEEDERS directly or thru their ISP (INTERMEDIARIES) you could guarrentee that would be the only use of the technology.
Trying to kill the technlogy kills those fair use rights as well.
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I want some of what you are smoking. It is good shit, man!
You cannot timeshift what you didn't yourself obtain. That is to say, in order to timeshift a TV show, example, you need to be the one to record it to start with. Otherwise, the person distributing the file to you is doing so in violation of the terms that were used when he was given the right to view it. That person (especially on torrents) has no way to know if the people receiving the file have the rights to see it, and in fact it is likely that a large percentage of them do not.
Recovering lost files is also a bullshit excuse, and you know it. If you needed a backup copy of a file, you would contact the manufacture for a new disk. In fact, many companies allow registered users access to download updated and such right on their websites. Obtaining a "backup" of software over a network that is both unreliable and extremely slow to download isn't easy to explain. Why would you choose to use the worst possible method to obtain your backups? Also, once again, the person providing those files doesn't have the right to make those files generally available over a sharing system, ergo you have no right to receive the stolen property.
So sorry, your excuses are total, utter, and complete bullshit, and wouldn't stand up for 2 seconds in court.
The other part is that even if we take your examples to the max, they represent less than about 0.0001% of all of the files on most torrent sites. Most of the software titles are hacked, cracked, or come with a software key generator. End users do not have the right to redistribute TV shows (read the credits, your rights are specifically limited), and certainly they cannot redistribute them in cut format (commercials excluded).
All that sums up to say that while torrent trackers, torrent sites, and torrent protocol has legitimate uses, it's illegitimate uses far outweigh the very narrow scope of use.
remember the grokster case:
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The court said Grokster and another firm, Streamcast Networks Inc., can be sued because they deliberately encouraged customers to download copyrighted files illegally so they could build a larger audience and sell more advertising. Writing for the court, Justice David H. Souter said the companies? ?unlawful objective is unmistakable.?
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The torrent site's intentions are clear. They are not there to provide a legal and legit service, but rather to encourage the posting of desirable (and most often illegally sourced) material to drive more users to their sites and to raise ad revenues. The US Supreme court is very clear on this. I don't understand what part you don't get.