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-   -   judge rules against the RIAA again (https://gfy.com/showthread.php?t=882828)

cess 01-23-2009 02:07 PM

They should just appeal or whatever. Get a judge that isn't a complete idiot. If someone did something illegal then they did something illegal. If they were going to buy it or not makes no difference because they got it illegally and should pay the price. I guess one or two court cases out of a 100 or so you're gonna get some moron for a judge.

Snake Doctor 01-23-2009 02:09 PM

Quote:

Originally Posted by gideongallery (Post 15378956)
let use robbie's site as an example

suppose i wrote a program that virtualized the video card and did a bit by bit copy of that data to file.
I now have a shareable version of his encrypted stream video

i setup a torrent site to service all the people that "Robbie refuses to sell too"


before i let them access the torrent i put some kind of declartion that they don't want to buy his content under his streaming only rules.

That could be a person who got suckered into buying because he doesn't clearly specify on his tour that it is streaming only all the way to the people who simply want to have the right to watch the movie they bought a viewing right after their membership is cancelled (timeshifting)

The explictly declare they are not potential or actual customers.
Now the act of providing the functionality is not an infringement (rule 4 of the fair use doctrine)

i have not change the value of your copyright material ergo it falls under the fair use exemption ergo no copyright infringement

Unless you get one of those people to admit the lied and were in fact replacing a membership they would have bought with the free offer of content i am providing.

if you do, then i send them to jail for committing fraud, since i set my system to provide only to those outside the scope of your delivery of copyrighted material.

This is a bit of an abuse of ruling, equating regionality restrictions to format restrictions but since you are deliberately denying an established fair use (timeshifting) using the same arguement that the court already ruled was invalid (you only get access at the time, i give you access) i didn't think it that bad.

Odds are it will be use for movies pirated in a region where the content is not distributed
ie (dr who confidential in canada/US).

I'm sure that's the answer to a question, but it's not the answer to my question. (The whole "refuses to sell to someone" is from another thread)

The judge rejected RIAA's argument that each infringing download is a lost sale.

You said that would make it harder to get a conviction.

I said, wouldn't that just affect the amount of actual damages were the RIAA to win the case, and not affect their ability to get a conviction?

Robbie 01-23-2009 02:16 PM

Quote:

Originally Posted by Fletch XXX (Post 15378972)
while i won't necessarily defend its use in court rooms, possibly due to your age group, you may not realize how much wiki is used in colleges across the US every day and has quickly become a resource not just among web lovers, but researchers and now as my article stated, judges and even Homeland Security.

Damn...did you just call me old? :1orglaugh

Fuck.

And yeah, I do realize how many people use wiki. I've kinda worked on the internet for the last 12 years or so and even us old geezers try to keep up with what the kids are doing these days. :1orglaugh

But as we both know, the wiki is what you make of it. It's written by clowns like us. No way to tell if the person who wrote each submission has any expertise in what he's writing about...or even if they are who they claim to be.

Funny that anybody would use wikipedia as a reliable source for anything. Not saying there isn't good info on there. Just saying it's not vetted for facts.

Robbie 01-23-2009 02:21 PM

Quote:

Originally Posted by gideongallery (Post 15378956)
let use robbie's site as an example

suppose i...blah, blah, blah

The explictly declare they are not potential or actual customers. blah, blah, blah

i have not change the value of your copyright material ergo it falls under the fair use exemption ergo no copyright infringement.blah, blah, blah

This if GREAT news gideon! I have just decided that I was never going to use electricity from the power company! The motherfuckers just stream it and don't let me keep it. I wanted to timeshift it to use later. So I'm going to cancel my "membership" to the electric company and just start taking it for free!

It's fair use all the way baby! I'm next considering to declare that I am not and never will again buy groceries, clothing, cars, my internet connection, cable television....

Edit: After all they aren't losing any revenue since I just "declared" that I'm not gonna buy anything from them. This is genius! Gideongallery you are the best!

Barefootsies 01-23-2009 02:24 PM

Quote:

Originally Posted by Robbie (Post 15379038)
This if GREAT news gideon! I have just decided that I was never going to use electricity from the power company! The motherfuckers just stream it and don't let me keep it. I wanted to timeshift it to use later. So I'm going to cancel my "membership" to the electric company and just start taking it for free!

It's fair use all the way baby! I'm next considering to declare that I am not and never will again buy groceries, clothing, cars, my internet connection, cable television....

Edit: After all they aren't losing any revenue since I just "declared" that I'm not gonna buy anything from them. This is genius! Gideongallery you are the best!

:1orglaugh:1orglaugh:1orglaugh:1orglaugh:1orglaugh

Snake Doctor 01-23-2009 02:39 PM

BTW gideon, not to be an ass or anything, but if the only person breaking the law is the person downloading something they don't have a right to view (which is something you said in another thread)

Then what about Daniel Dove?
Quote:

Daniel Dove was originally found guilty of criminal copyright infringement for running a torrent group called "Elite Torrents" between 2004 and 2005. The jury in the case had found Dove guilty of reproduction and distribution of copyrighted works, as well as conspiracy to commit criminal copyright infringement. At the time, Judge Jones sentenced Dove to 18 months in prison for each count, plus a special assessment of $200 and a $20,000 fine ($10,000 per count).

Fletch XXX 01-23-2009 02:46 PM

Quote:

Originally Posted by Robbie (Post 15379025)
Damn...did you just call me old? :1orglaugh

Fuck.

And yeah, I do realize how many people use wiki. I've kinda worked on the internet for the last 12 years or so and even us old geezers try to keep up with what the kids are doing these days. :1orglaugh

I wasnt calling you anything, I simply know you fall into an age group that is higher than the average college web 2.0 kid these days. Arent you in the gramma/pa porn niche?

anyway, you do seem to place no value on wikipedia, you said "he uses wiki" as if it has no truth behind it, and is simply not the case and thats all I wrote. Im not here to argue the validity of wiki, however it is used as a reference, and thats all i aimed to prove.

Robbie 01-23-2009 03:04 PM

Quote:

Originally Posted by Fletch XXX (Post 15379134)
Arent you in the gramma/pa porn niche?

No! LOL! Grampland is a milf tgp. That's about it. Other than that I've ALWAYS ran general tgps and used to do enough teen niche traffic to be one of the biggest lightspeed cash affiliates (won a motorcycle from them)

And my point was "Yes" of course I know all about wikipedia. How the hell could I not. I WORK ON THE INTERNET lol

The main thing I'm making money with these days is the big tit niche courtesy of claudia-marie.com

But yeah, I still make sales with other programs for every niche there is. :)

Robbie 01-23-2009 03:05 PM

Quote:

Originally Posted by Fletch XXX (Post 15379134)
, you said "he uses wiki" as if it has no truth behind it, and is simply not the case and thats all I wrote.

And my joke was that gideongallery takes wikipedia as the gospel for legal rulings. :1orglaugh Of course it's written by anybody. So it's not. Some of it is correct and factual and some of it is just plain old made up shit.

Fletch XXX 01-23-2009 03:06 PM

working on the internet has zero to do with the fact that you seem to negate the fact that wiki uses references.

note: if a newspaper prints it and you cite it on wiki, its as good as when in senate chambers Senators use NY Times to drill politicians, its that simple really.

but again, im not here to argue how valid wiki is, i just believe it is more valid than you make it to be.

Robbie 01-23-2009 03:15 PM

Quote:

Originally Posted by Fletch XXX (Post 15379213)
but again, im not here to argue how valid wiki is, i just believe it is more valid than you make it to be.

Okay man you win. I concede. :thumbsup But gideongallery still amuses me with his armchair lawyering, "fair use" rights to everything that doesn't belong to him, and communistic view points. Can you let me at least have that one guilty pleasure of laughing at gideon? :1orglaugh

Fletch XXX 01-23-2009 03:16 PM

I dont aim to win, i just share my opinion on the topic like everyone else.

Robbie 01-23-2009 03:17 PM

Quote:

Originally Posted by Fletch XXX (Post 15379254)
I dont aim to win, i just share my opinion on the topic like everyone else.

Oh no you don't....you're not getting away like that. You won damn it! lol

just kidding with ya

Fletch XXX 01-23-2009 03:18 PM

Quote:

Originally Posted by Robbie (Post 15379261)

just kidding with ya

tis ok Gramps ;-)

Robbie 01-23-2009 03:19 PM

Quote:

Originally Posted by Fletch XXX (Post 15379265)
tis ok Gramps ;-)

Damn it...back to being old again. I just can't win. :(

Fletch XXX 01-23-2009 03:24 PM

in the words of the mighty Garry Dalloway of The Handsome Beasts (RIP)

"the rush is on to make the clout,
just turned 25,
feel like i am 93
its just the same as yesterday,
know i dont believe it or leave it
5 years on
or 5 years back
do you ever get the feeling it will never change?
yeah its filled with crashing roars,
for all eternity,
but its cold
and its dark
and its much too early."

killer 1981 vinyl

http://i7.photobucket.com/albums/y277/djdwreck/1.jpg

thats him at 25 on the cover, in 81, hes dead now. great song: Another Day


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