Quote:
Originally Posted by Paul Markham
Fair use in this scenario would be a couple video themselves having sex while watching a porn movie. Putting it on a Tube site or Torrent is not fair use. It's stealing.
Add to this the odds on a Tube site turning up to fight the case and you can see why this post is spot on.
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when are you going to get it thru you head that a legal precedent does not just apply to the very limited scope in which is it first applied. The requirement is not limited to only to the sampling of 29 second video as is this case, but is broad enought to apply to every fair use that exists.
as i have pointed out torrents can be used for timeshifting (see dvr in a cloud article) and for back and recover (see the other post i have made) those types of fair use are also equally protected.
the requirement to fully service those fair use rights before making takedown request is now here. because it now has been established that you are liable for false take down requests.
Target a person who country has a piracy tax (see canadian, sweden etc) with a takedown notice for a content stream that is covered by such tax and you are shit out of luck,.
you have to remember that a lawyer with spare billing hours can now make money just looking for false takedown request. Devote that time to defending that right, and counter suing (shot gun in reverse) and the copyright holder would be forced to pay all legal fees.
If you think no lawyer which is underbilling would not take advantage of such a ruling you are joking. Hell because they can get free publicity for their actions (
as the champion of the little guy) it makes good business sense to do so.