Quote:
Originally Posted by Kevin-SFBucks
I think the fallacy in the timeshifting argument is that You.... and those with rights akin to you have a timeshifting right. Where in that right does it allow you to distribute to others that don't have that right?
|
for a show like heroes (basic cable aired show) 99.5% of the torrenting community has a timeshifting right. .5% does not.
Arguing that we should take away the right to use torrents from the 99.5% of the population because .5% are using it illegal is the same as saying that we should stop people from using a VCR because you could use it to make illegal copies of movies.
The law does not support that interpretation (if it did universal would have one the betamax case)
Quote:
|
By not restricting that distribution, you are committing copyright violation.
|
But bit torrent technlogy does restrict the distribution, I am never giving that .5% a fully working copy.
If they played the pieces i gave them, it would not work.
It is only when they put my pieces with the pieces they have gotten from a thousand other sources that they have an illegal working copy.
The transaction that creates the illegal copy happens on the infringers machine
not on the network,
not on the tracker,
and not on my machine.
Quote:
|
Distributing a show such as Knight Rider where the overall audience was what??? 2 million per episode is different that distributing membership based photos and videos where the paying audience is under 50K or under 5K.
|
that just a difference in market size, fair use rights don't disappear because it a smaller market. The reality is that knight rider cost a hell of a lot more to produce then a video which turns a profit with an audience of 50k so i would say that right to stop timeshifting should be greater for the more expensive content. The problem is that the law is written to respect all fair use. The law is written so that fair use supercedes your exclusive rights. It doesn't matter if your audience is 2 million or 5k fair use still exists.
Quote:
|
Your timeshifting for yourself, not for your friends or for the general public when the delivered materials were not delivered such as the free materials you use as support of your argument. Store all the backups you like. no problem with that. share with others that have the same rights as you, no problem with that as well (as they are paying customers also). The problem is when the file gets delivered to a non-paying customer that has no right to it. I have put controls on the content/files to ensure that only paying customers have access to it. Where do you as a paying customer have a right to allow unrestricted access to a produced work?
|
ok so how exactly am i going to know which people bought your content,
are you giving me all their private information
are you going to violate their privacy.
You are the only one who can setup a torrent system that would restrict access to your members
[SIZE="5"]Hense my suggest about setting up a private tracker[/SIZE
basically your saying
"I could restrict torrent access to only those who do have a timeshifting right by setting up a private tracker for my former members
You can't restrict access to my customer only because i am the only one who knows who those people are
So i want to prevent everyone, including the people i admitted have a timeshifting right to use torrent from using torrents"
it another example of your rights end where mine begin. By refusing to provide a private tracker, you create a situation where the only way the torrent based timeshifters can have the right they are entitled too is to allow people who might not have a right potential access.
You still have a legal right to try and figuire out those people identities and sue them.
All i am saying is unless you are willing to meet your fair use responsibilites to your members, you have no right to stop people from using the technology for legal purposes.