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Originally Posted by CrkMStanz
Ya, You just knew i'd come back...
bad analogy time
guns don't kill people, yet we have laws governing their use
cars don't kill people, yet we have laws governing their use
torrent p2p cloud etc technology doesn't cause theft (according to you) yet we will have laws governing its use.
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exactly my point, guns are not eliminated, cars are not eliminated, the laws that govern their use and the punishment that are applied are done when the technology is abused.
If you use a torrent to infringe (ie download something you have not paid for) then the punishment should apply. If you use it to back up your content (seed non working copy to a swarm) or recovery (get content back that was damaged) or timeshifting (shift your viewing time for content you purchased) then that action should be left alone.
a isp level block is equivalent to a no cars allowed ban.
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when you put your backup copy on your own private device (in your home or in your 'webspace') then I will join your chorus of the 'free rights' and 'fair use' song
as long as I have access to your copy - its theft
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see you are denying the network effect to backup technology, the exact same file, redundantly connected together provide a level of availability that will never be accomplished by issolated backup. The copy of the tv show is the same for everyone who views it, and your little anology forces everyone who paid for the content to use an INFERIOR technology. Which is exact the type of anti trust violation the sherman act was designed to prevent.
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see that??? "if I have access to yours" and the torrents (etc) provide that - WILLINGLY and EXPLICITLY - no hidden secret methods on those sites to access 'the good stuff'
everything you say is correct only when "a person makes a backup or copy and maintains it exclusively unto themselves"
you twist your interpretation. of the laws that you quote
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i have repeatedly recommended that content providers setup private trackers, that would allow a seperation of customers and infringers. They are the only ones who could do it because they are the only ones who know who their customers are.
As long as they refuse to do so, then the next best alternative is a completely open system that can be abused to infringe combined with criminal/civil liabilities WHEN your ACT is an infringement.
The wholesale removal of rights (ISP level block) is worst possible solution.
In the case of tv shows that is taking away the rights of 99.5% of the population to punish .5% who are infringing because the tv show producers are too cheap, lazy or greedy to implement a bit torrent distribution of their content.