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-   -   judge rules content owners must consider fair use before sending takedown requests (https://gfy.com/showthread.php?t=850494)

gideongallery 08-26-2008 12:13 PM

Quote:

Originally Posted by kenny (Post 14665896)
Thats a stupid way of doing it. Just use DVR.

There are a number of things wrong with your post.

Example, if HBO is going to play a movie that doesn't mean I get to download said movie and seed it to thousands.


Lets not forget that 99.5% of the people downloading torrents are just stealing.

1. torrents are free
2. torrents are commercial free
3. torrents don't require me to program anything
4. torrents are not dependent on power, etc working to get the file
5. since i can get the data anytime i want there is no limits on hard drive files- i can rotate stuff in and out

vs

1. dvr have to rented from my cable company
2. the commericals are skipable but still ther
3. i need program the dvr
4. if power goes out i miss my show completely
5. if the hard drive is full i have to give up some show
6. and i can only get it back when the show re-airs

both the dvr and the torrent do the same thing they allow me to timeshift my right to view content i paid for. The courts have recognized my right to timeshift using a cloud now so there is no reason why i should be forced to use the inferior dvr to do what i want to do.

first of all no one is getting a working copy from me, so even if the make available ruling was in force it would not apply (since it was overturned that no longer applys)

second in the case of publically available tv shows like lost (which beirn is suing thepiratebay.org for) 99.5% of the population paid for that show when they paid their cable bill. The betamax case gave them the right to timeshift that video, the new cablevision gave them the right to timeshift with a cloud.

It not stealing because copyright infringement can not be stealing.

It not copyright infringement because timeshifting makes it legally authorized by the act itself (fair use) which is the point of the current ruling i posted in this thread

gideongallery 08-26-2008 12:30 PM

Quote:

Originally Posted by kenny (Post 14665896)
Lets not forget that 99.5% of the people downloading torrents are just stealing.


a couple of extra points
tv shows represent 54% of all bittorrent traffic to date.
2. a vast majority of this is delayed aquisition of a show (ie me downloading all the jericho episodes i missed after my friends told me it was a great show)

DVR don't let me do stuff like that, and had it not been for torrents i would never had watched the second season on tv when it aired, because i would not have jumped in to the show at the point i was convinced to give it a chance.

L-Pink 08-26-2008 01:49 PM

gideon, shut the fuck up you cheap ass pirate.

gideongallery 08-26-2008 03:31 PM

Quote:

Originally Posted by L-Pink (Post 14667475)
gideon, shut the fuck up you cheap ass pirate.

tell me how you really feel :winkwink:

hey if you want to continue ignoring fair use, using a shot gun approach with dmca notices and take your chances in court.

When you realize that any shyster lawyer who want to pad his billable hours can now do so by taking these case on behalf of "fair use".

Add the liability for exposing their personal porn preferences.

Add the cost of generating the same level of redundant backup using traditional back methods ( #seeds*#online back sites*monthly charge*12/current interest rate) and it will be a very expensive bill on your part for "accidently" violating fair use.

I think that there will be people who will see this ruling as an oppertunity to make money by "backing up" their viewing rights to the torrent sites, simply to cash in when a "bogus" takedown request comes in and denies them their "fair use" right to back up the content.

L-Pink 08-26-2008 04:07 PM

blaa blaa blaa blaa blaa blaa ......... :321GFY

kenny 08-26-2008 07:25 PM

Quote:

Originally Posted by L-Pink (Post 14667475)
gideon, shut the fuck up you cheap ass pirate.

agreed


Digital media is what this industry is in the business of selling. Content producers, programs, affilates, nobody who is suppose to be on this forum is an advocate of illegal tubesites, torrents, or exploiting grey area loopholes with regards to other peoples intellectual properties.

The only function this gideongallery character appears to serve is to attempt to justify every form of piracy that exist.

He needs to go post on the piratebay forum or somewhere else where people might enjoy his rhetoric.

Iron Fist 08-26-2008 07:50 PM

Why are pirates so bad?

Because they just aaaarghgrhhghghhggh.....

Paul Markham 08-26-2008 11:54 PM

Quote:

Originally Posted by gideongallery (Post 14665364)
when are you going to get it thru you head that a legal precedent does not just apply to the very limited scope in which is it first applied. The requirement is not limited to only to the sampling of 29 second video as is this case, but is broad enought to apply to every fair use that exists.

When are you going to get it through your very thick head that legal precedent has been set time and time again. If you want to go and find them do a search on Google for Copyright violations and convictions. You have to be clutching at straws here.

Maybe it's a reflection on the company in your signature.

Fair use is fine and no one complains about fair use of our products. Someone putting up a site and using stolen content is not fair use. When are you going to get that into your thick head?

gideongallery 08-27-2008 01:42 AM

Quote:

Originally Posted by Paul Markham (Post 14670723)
When are you going to get it through your very thick head that legal precedent has been set time and time again. If you want to go and find them do a search on Google for Copyright violations and convictions. You have to be clutching at straws here.

Paul you keep trumpeting those lossses here whenever you can
i am fully aware of most of the losses you keep talking about, when they were bogus i railed against them.
The point is so far i am 3/3 now , each time i said the ruling was wrong it has been. While each time you trumped it as the right thing you have been wrong because it has been reversed by a higher court.

A large number of the convictions you keep talking about are really just wins because the RIAA as deeper pockets, and simply outspent the defendants.

This ruling changes all that, because it create a monetary payment methology for lawyers who want to defend such fair uses. Lawyers will simply defend the fair use users of copyright, in court racking up their billable hours.(you only pay if we win) They will then sue for those court cost. Use your deep pockets to target a small guy to get a settlement and it just going to be used against you in the long run.


Quote:

Fair use is fine and no one complains about fair use of our products. Someone putting up a site and using stolen content is not fair use. When are you going to get that into your thick head?

of course you are, you are complaining about tube sites access shifting your content, your complaining about torrent sites timeshifting/backing up/recovering your content. Whenever you want to complain about fair use, you start the siren song again "that not fair use".

the problem is that only way you can make such a statement is to ignore the precedents set by "old" case like the betamax case. The problem is you have to pretend that case is not still referenced today (august 12, 2008) to extend those same rights to newer technologies (like the cloud).

gideongallery 08-30-2008 08:39 AM

Quote:

Originally Posted by kenny (Post 14669900)
agreed


Digital media is what this industry is in the business of selling. Content producers, programs, affilates, nobody who is suppose to be on this forum is an advocate of illegal tubesites, torrents, or exploiting grey area loopholes with regards to other peoples intellectual properties.

The only function this gideongallery character appears to serve is to attempt to justify every form of piracy that exist.

He needs to go post on the piratebay forum or somewhere else where people might enjoy his rhetoric.


i love this arguement so because i don't support your "right" to ignore fair use there is something wrong with what i say.

Because i want to respect the laws as they are written there is something wrong. The first ammendment protects your rights to sell porn, turning what would otherwise be an illegal act into something legal. Fair use does the same thing for torrent sites and tube sites. They have just as much a right to exist as you do.

You don't want to fulfil your fair use responsibilities well then they have a right to step in and do it for you. They also have a right to make the money for doing so.

Jon Clark - BANNED FOR LIFE 08-30-2008 06:27 PM

oh snap.. fiddy


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