Quote:
Originally Posted by kenny
as if seeding an entire movie or program passes the "fair use" balancing test.
If you're copying an entire work, it's not fair use. While copying an entire work may make it harder to justify the amount and substantiality test, it does not make it impossible that a use is fair use. For instance, in the Betamax case, it was ruled that copying a complete television show for time-shifting purposes is fair use.
http://en.wikipedia.org/wiki/Fair_use |
did you read your own quote
and the courts just ruled that we have a right to use a cloud to timeshift. If you bought a right to the content (99.5 % of the US population that owns a tv) you have a right to use a cloud to timeshift your viewing rights.
so the leaching passes the fair use test already
backup is also another fair use right (which allows you to make a complete copy)
and the fact that timeshifting has been extended to the cloud (a swarm is a distributed cloud) means other fair use rights can also be extended. Once back up is put there too, seeding content you bought would also be legally protected. The fact that seeders never give away a working copy of the file (how torrents work) is going to go a long way to making the arguement that seeding is not really a distribution of copyrighted material.