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Originally Posted by Dirty Dane
gideongallery, before you can even argue with fair use, you first have to understand the concept of establishing fair use. If you are profiting from someone elses work without their consent, the profit factor will completely remove fair use. It doesn't matter where or who is hosting the file, if you profit from it you are guilty of infringement. Period.
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you sir as a moron
fair use does not disappear just because you make money
vcr sold for 1k each yet timeshifting is still a fair use
hundreds of artist make money from parodies and parodies are still a fair use
commentaries are sold and have advertising around them again it is still a fair use
micheal moore made millions from his documentaries which used other people copies of speaches to make his commentaries.
how many times have pointed out the 1/5 of the US economy is dependent on fair use.
You can make money from fair use
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If you embed something from YouTube, wrap your ads around it, you make money off it. It doesn't matter if YouTube host it, the original uploader has consent or not. If you do not have consent, you are subject to infringement. You publish it on your website.
If the source of what you embed, hotlink or whatever, is splitted into 1 million parts, your output will still be the same. Nothing change.
As a matter of fact, reducing costs will eliminate the fair use argument even more. The more you profit, the less you can argue "non-profit".
The host will also still have same obligations to comply with copyright laws. If they (as in P2P) only provide 1 byte of data, they still conspire. Just like in criminal cases, no one is excempt from conspiracy, unless they are not part of the international agreement.
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you really need to read the law and case law a little better because you are totally clueless about this concept.