| gideongallery |
08-25-2007 07:45 PM |
Quote:
Originally Posted by ultimatebbwdotcom
(Post 12924804)
They don't host the content - but I'm curious as to what could be argued in court regarding the content only being available because their program displays the links and therefore the method of where and how to find what you want.
Without that - torrent sharing wouldn't exist.
|
i suggest you do a little research on the case between the Movie association and isohunt
the fact is those torrent sites are like directory sites like dmoz or search engines like google.com
infact google has a greater liablity because they actively spider outside sites.
DMCA is a balancing act trying to protect hosts and search engines etc from false claims of copyright infringement while at the same time giving copyright holders a way to protect themselves.
The fact is there are countless examples of copyright holders overstating their rights.
for example viacom sued google for their content being loaded on youtube.com the made the mistake in including parodies of thier shows in their list.
There lawyers misrepresented copyright rights of items which were expressly permitted as fair use under the copyright act.
if you are a copyright holder comply with the law, if the site choose to violate the law by ignoring your DCMA complient request then you have the ability to sue them into oblivion. Bitching becaue the DCMA does not perfectly protect you at the expense of the rights of other is just stupid, becuase the law must equally balance the rights of all parties. |
