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Originally Posted by RawAlex
Gideon, you keep going on about "fair uses of torrents". The reality is that that just doesn't exist. You are attempting to bootstrap a VERY limited personal right into a distributed technology. Just doesn't happen.
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and you keep ignoring the fact that i am never distributing a single copy of your content. I am not distributing the content by my actions alone.
MY next door neighbour giving me a copy of a TV show that he recorded and i missed is distributing more complete copies than i will ever do in the swarm.
BECAUSE I NEVER GIVE ANYONE A COMPLETE COPY OF THE FILE.
you keep arguing that my action is an infringing distribution but you have yet to produce a single case that justifies that position (without deliberately going to the wrong section)
I think if i go to court in front of a jury of my peers and point out that i am directly sharing less content then they would be doing by giving their next door neighbour a copy of a TV show they are going to draw the same conclusions that i am drawing.
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The fair right use to recovery applies to copies you have made for yourself. You cannot just randomly give away copies of stuff to other people because the MIGHT have the rights. The entire right to a backup is a copy backed up in manner that you can recover it PERIOD.
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you have the betamax ruling show me the section that says exactly that.
you have access to all the rulings in question show me exactly where it explicitly prevents getting a copy from another person/source.
Remember the Quote i provided proves that "fair use" is exempt from all the exclusive rights defined in section 106 so that is exactly what you would have to produce to justify this statement
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The chance that you put your file out on the torrent network today and are able to recover THAT EXACT SAME FILE in the distance future is nil.
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First of all you keep arguing about digital copy obtain is a perfect replication of the original. You tried to even us it as a justification for why it should not be allowed. Now you are making the opposite arguement
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It isn't the same as a DVD backup copy in a safety deposit box. Using torrents for backups would be like photocopying your bank records and throwing them into a stiff wind. If you looked long enough, you might get your records back. But I doubt it.
Part of the process of creating a backup is securing it and knowing you can get it back. Most torrent files lose trackers and seeders within a few days to a week. Your backup wouldn't be valid, and further, you would have no idea where the file is.
You are just so full of shit it is a amazing.
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and that is total bullshit, as long as the torrent exist i have access to that content. It each completed peer is a point of redundancy. I get request from people to seed content i have downloaded from TVTORRENTS.com for me to recover a file i have seeded to the swarm i just mass mail all the peers and ask them to reseed.
traditional back require me to secure it and to know where the copy is located
the swarm only requires that 100% of the pieces be available, if one member of the swarm, or a group of incomplete files gives me that 100% i can always recover a copy of the file i put up.