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Originally Posted by RawAlex
Tipsy, actually, it wouldn't be very hard at all to show that Guba is "reselling images".
Just get a court order to look at the data structures on their servers. Unless the posts and images are integral (IE: they have preserved the usenet) then they are violating copyright.
Selling access to it online would be no different from burning it onto a DVD and selling it.
Once you remove the usenet context and materials, it isn't just "providing usenet access" but it is harvesting and reselling the material you take from the usenet.
Sponsors and content providers around here would be really smart to take action against Guba and their ilk.
Alex
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It's not so much that it would be hard it's simply the cost involved. If Guba have any sense (although I'm willing to admit they may not) then they already have GOOD lawyers. If so then any possible action could take a long, long time to drag through the courts even if it appears clear cut on the surface.
However, all that said Guba could simply have bad legal advice and/or not very deep pockets themselves having spent so much on advertising. Either way it'd be interesting to see somebody with the balls and money to pursue this through the courts.
One of the main points remain valid though - the way that they are operating is far from legal and they can't simply be compared to yet another shadey company giving less restrictive/easier newsgroup acces than that offered by ISPs. The service they give certainly seems to go far beyond that. Because nobody has taken action against them yet does not make them legal - a handful of people seem to get confused on that point.