Quote:
Originally Posted by gideongallery
Now if you want to talk music, there is more of a issue to discuss because there are many countries that have a piracy tax on recordable media.
When the record associate negotated the rate (offer) with the government of canada (acceptance) and they took the fee (consideration) you have all the conditions of a valid contract (licience). As a canadian citizen who paid a piracy tax, i paid for every song i choose to download. Which means for me ever download is timeshifting(assuming i listen and get rid of it ) or recovery (if i keep it forever).
That licienced right does not go away, just because i am vacationing in florida (geo targetted blocking).
The fact that i connect to 10,000 peers to fulfill that right, does not invalidate the right.
Especially if the technology prevents me from giving any of those 10,000 people a fully working copy of the file.
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So forget TV shows and Movies. Let's talk music. I'm not from Canada so I have no idea what kind of deal they may or may not have with a piracy tax.
Say, however, someone lives in the US. They log into their favorite torrent site and download the new Metallica album. They didn't buy the album. They have never owned the album so this download is not a back up. There is no piracy tax in the US so there is no way for them to say that they have paid for it. They now are in possession of the new Metallica album without having ever paid for it. They then keep that album open on their torrent client and anyone can download it. So they end up sharing it with a bunch of different people.
This is not timeshifting. They did not own it. They did not pay for it in any way so they have no rights to it. It is not fair use because they are not incorporating this material into something of their own (IE making a video with it or using it as background music in a project or doing some type of work that involves the music) they simply downloaded something they didn't pay for and are now redistributing it all over the globe.
This is piracy is it not?