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Originally Posted by gideongallery
mega upload obeyed valid DMCA takedown notices they should have had immunity
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How do you know they obeyed valid DMCA notices? There are documented cases where they knowingly allowed material they know was stolen to still exist on their servers, as well, as leaving the file up internally but changing the link to deceptively make it appear the file was removed. Not to mention not stopping repeat offenders while continuing to pay them to continue to steal.
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but the very technology that allowed independent musicians to get paid when their stuff was stored on mega upload was used as a justification to void their immunity.
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Why do the rights of some independent musicians trump the rights of everyone else's material? I still am waiting for you to show me one independent musician who made any kind of real money from MU. Do you think they would open their books and show that amount themselves? Surely showing they made $30 million/year by selling independently produced music would free them from their legal woes. I would bet not even 1% of that amount was produced that way. Conjecture on my part, as well as yours. I feel they made it harder for independent producers, actually. They drove down the value of their work and strengthened the grip of the labels on the internet.
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first of all your exclusive rights are granted in exchange for blanket immunity for anything fair use. So unless your recognizing that implicit granting of permission (by claiming the copyright in the first place) your actually trying to turn a conditional monopoly into a absolute monopoly.
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A monopoly is a business that has no competition to set a reasonable price point. I surely do not own the top 1 and 2 top grossing businesses in my sector. I cannot stop someone from making a tube site and releasing all their own content for free. I do have the right to stop them from doing it with my content let alone profiting from it, though. If someone is making money uploading my content to a file forum that is fair use? If the filelocker knows this same user is doing this over and over again and still paying them, that is fair use?
When people play games like this, is when stricter laws come into play.
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but that only because copyright and ip have been given special exclusion because it was "impossible" to make money without those special protections.
The razor case study proves that condition is no longer true.
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It is not impossible for Apple to make money if Psystar exists, but the court still deemed their actions illegal.