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Originally Posted by Nathan
gideon, your points are all great and fine... but the problem with torrent sites is that they are not used as VCRs, and you yourself know this very well.. They might be used as VCRs by SOME of it's users, but its obvious that its not the case for most of them!
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1. again more then 50% of all torrent traffic is tv show so by DEFINITION most people ARE using it like a VCR.
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I think that is the big problem we are facing, that we need to try to find a way to make the illegal use impossible or very hard while the legal use of the technology remains.
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we didn't ban the vcr because people could use them to make bootleg copies of shit, the companies adapted to the medium change and created a new revenue stream to replace the one that was lost
compare that with trying to fix the problem by changing the laws, the DMCA was designed to replace the long complicated process of getting a court order to get content taken down with a simple takedown process, now you guys are complaining because that new process is "flawed".
the pattern is guarrenteed to repeat itself, you just need to choose the pattern you want to repeat, one that leads to new revenue, or one that simple leads to another problem "flaw"
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But you yourself know that if someone downloads a torrent of a screener, this is CLEARLY not VCR-like use. The content could not have been recorded by the previous owner anyway..
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so what, torrent can be used for all kinds of fair use including ones that have not been established yet by the courts
WE are on the verge of a new fair use being founded, access shifting is just as legitimate as timeshifting
and demanding that i watch a movie at a specific location is just as much of an abuse as demanding that i watch a movie/tv show on a specific day, at a specific time.
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The online VCR companies btw that exist, do it where if you do not tell them to record something BEFORE it starts, you can not download it or at least you can not unlock it... That makes it OBVIOUSLY VCR-like and thus fully legal...
I just think torrents are very different... and clearly are so in many many cases. How do we stop those uses of torrents?
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but that the point technologically torrents are superior to those offering because they combine all the benefits of multiple fair uses with the network effect.
backup/recovery/timeshifting all combine together to make an infinite sized hard drive pvr
i can wait until the season is ended and timeshift all the episodes at the end, i can timeshift content i paid for but didn't realize was something i would like (like supernatural for me)
all because other fans of the show act as a redundant backup for my POTENTIAL viewing habits.
problems in the current model which would normally prevent me from getting access (supernatual not advertising how like buffy/b5 they were for example) .
choice is expanded by allow the technology to move forward naturally, rather then looking backwards and trying to make an online version of an outdate technology.