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Old 11-27-2009, 07:47 AM  
gideongallery
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Join Date: Aug 2003
Posts: 7,082
Quote:
Originally Posted by degban View Post
Ok you are missing my point I am not talking about people who have cable and download the same things that were On cable people Who I am talking about are those who pay one month subscription at milfhunter and then download the whole collection cancel their membership and put the whole site rip on the net. Now more than 100k of users who never paid for anything will come and download it and never pay a penny to milfhunter. is it fair? or does it fall under fair usage really?

the parallel for all former members of milfhunter to the cable company is quite clear
every former member who is using that swarm is quite simply timeshifting

the original seeders actions are also covered by fair use all be it a different fair use

when i seed my favorite episode of dr who (i want to keep the analogy consistent) i do do with the intent of getting it back for later viewing

i am using swarm as a backup

the only people who are commiting piracy are those who are taking the content without paying their actions are a deceptive claim that they have bought a right to view (see fraud)

go after the seeder and you are taking away a persons right to use the technology in a legitimate fair use way (backup)


That the problem with classifying it as theft, you take away those rights, classify it as fraud and you don't make that mistake and you only go after the people who are actually comitting the crime.
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