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Originally Posted by RawAlex
Gideon, it is all about intent.
if you intend to backup your software or DVDs movies, you would copy them onto local media and back them up. If you needed a duplicate of a song, you would burn it onto a CD.
Tossing a copy out into the ether that is torrent sharing is the worst possible way to back something up. You (a) no longer control it's location, and (b) have to way to certainly recover it. The intent of a backup is to be able to recover from failure.
Your intent to when you put files on torrent sites isn't to protect yourself, it is to bring enjoyment to others without cost.
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cd and dvd get scratched, tape degrade, hard drives fail all those backup have a single point of failure. THE SWARM HAS MULTIPLE REDUNDANCIES. it is a far more effective backing up to a tape or any single point of failure media.
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Contrary to what you seem to think, you don't have the right to provide backup copies to other people without the express permission of the copyright holder. You do not have any right beyond a backup copy for your own use. If someone else needs a copy of software or a movie, they need to take that up with the manufacture.
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you keep claiming this but you have never produced proof, quote the exact case where a judge said this explicitly.
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Also, you have to ask yourself: If this is a valid backup concept, would you put your personal information, your bank records, maybe your bank account info, credit card number, and ATM machine pin number on a file and put it out over TPB, because it would be safe place to back up such information? I don't think so.
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that an issue of confidentiality, all backup are not confidential information, in many case repeatitive and redundant information is backed wastefully.
it is stupid arguement that just because i would be willing to sacrifice efficiency for confidentiality when confidentiality is important, i should not have a right to use the most efficient backup when that requirement of confidentiality is not required.
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So basically, putting something on the net for backup would be a laughable concept, something that would surely get laughed out of court. Even if you can find software or a movie similar to what you had, there is no way for you to identify the pieces and know it is yours. Perhaps the version you download has extra features, or is a newer version of the software.
A backup copy is a copy of what you had, not something like it.
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first of all the torrent in question is a session with the peers
the peers are trading the duplicate pieces of the content seed
if i connect to the same torrent i connecting to the same session.
What i take down in that session is the same stuff i originally put up
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You need to be able to locate that backup, you need to be able to destroy it if your license expires or you sell the product to someone else. Once you put something on a torrent, it is no longer in your control.
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under copyright law you are not selling me the content but you are selling a right to the content. I am granted additional rights (fair use) with said right assginement.
you argue that i can't re establish my rights when i lose said content by aquirng an identical copy, until you show me a court case that explicitly says so the best statement is you believe that this true but you need to spend a couple million dollars to justify that position.
i have asked you multiple times for the direct quote from the judge that says i am not allowed to do that and you have yet to provide that direct quote.
And given the fact that your previous arguements were wrong (timeshifting was only granted because of inferior quality copies, etc)
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As for tvtorrents, well, they are standing on the very narrow "we don't have copyright content, just torrents". I suspect if they start piling up stuff that the networks are trying to sell elsewhere, they will find themselves on the receiving end of a nasty lawsuit. I think they are only avoiding it by being a private tracker system. I also think they are asking for "donations" for download credits, which is another way they will get themselves in trouble, as it is commercialization of the trade.
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this shows you how little you know about the technology you are railing against being a private tracker means that it has greater direct involvement in the sharing of the content. while a public tracker would initialize the session and leave it to peers to determine piece allocation private trackers use statistics to prioritize piece request to maximize piece distribution.
Swarm density is maximized (which inproves availability and speed).
I use it to recover/backup the content for the licienced right i have paid for