Quote:
Originally Posted by kane
No they should be punished. Equal punishment is fine with me. I just don't want to see Sony having to give up all of their copyrights because they took down some shitty little site where the owner was making $50 a month. It should be equal. A movie company should be able to show the value of a movie that is being pirated on that site. If the site owner can prove that the damages they received were equal to that value than I wouldn't have a problem with the movie company losing control of that copyright, but not all of the copyrights that they own.
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Quote:
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In this example I find a site using my content without my permission. I do my due diligence and I legitimately feel like they are violating my copyright. So I file a DMCA. The site owner responds to it and explains to me why they are not violating my copyright. I disagree and we end up in court. The court sides with the site. I honestly felt they were violating my copyright, but the court didn't agree with me.
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so you want "i honestly felt that they were violating my copyright" to be an valid defence
but you want "i honestly felt that what i was doing was fair use" to not be an valid defence
and you have the Gaul to claim "Equal punishment is fine with me"
That exactly the same situation just from the opposite side, and your definition of Equal punishment is fuck them and let me off the hook.