|
The assumption by Guba is "it's in the public domain unless you prove me that it isn't". This flies in the face of all logic. We as an industry wouldn't tolerate it from some ignorant person trying to start a paysite with stolen content, and there is no reason to allow this to fly with anyone else.
Further, Guba flies in the face of 2257 - they are exactly the sort of place that the new 2257 rules were intended to squash. They cannot indentify any of the primary producers for the images presented on their site and located on their servers, therefore by logic, they are primary unless they can show otherwise. They wouldn't face this issue as a "pass through ISP" provided just access to the usenet, but because they choose to filter, classify, edit, and re-encode what is on their site, they are no longer just an innocent ISP but in fact a membership site selling access to images and video.
The FSC could do our industry a HUGE favor and suggest that the DoJ go have a closer look at GUBA and their business model. There would have to be millions of undocumented images on their servers, and they have no way to show that they are not the primary producers.
Alex
|