If Flicker notices, TechDirt is hereby allowed to link to my site where I will have a copy waiting. They just need to email me and let me know to put it up.
Well.. If it's a public record.. and they are owned by the public.. Then if they claim copyright, then aren't we effectively suing ourselves?
Personally, I would like to give me a free pass on this court case.. I'll let myself off with a warning and only if I continue to abuse the law against myself will I then sue me.
"Not true - There are plenty of development tools that are totally free to download, but require a payment per seat to use."
True. Well, around here, we call that "Give away and pray". Not the best business model, but may generate some income. It destroys your argument though.
If they have it available on their webpage, then they want people to download it, try it out and (hopefully) pay them for it. If it's available to download on their webpage and they put it also on BitTorrent, how is it illegial to get it from a torrent site and not illegial to get it from the website?
"But I have "lost" something, which is what my copyright should protect me from losing?"
Besides the potential sale of the file to that person (who may pay you anyway or may buy something more tangible from you in the future), what exactly have you lost?
"Yeah, i get the idea that Torrent networks are basically for sharing files, but it could be seen as simply a distribution network. The copyright holder may have put them on the network for people that have been given the right to download.."
If they named the torrent "filename.exe - Do not download if you do not have a license", then I can see it. You are effectively "putting a sign up over your potatoes that they aren't free". That's cool and yes, the people who download that SHOULD be charged. But without that sign, the default is free to download.
"Again, I understand the basic argument, but I still don't agree that because the copyright owner put the files on the net means that anyone can download them."
Not "The Net", but "A file sharing service that is free to all".
"I can download plenty of software apps form the vendor's sites, but if i don't also pay for a licence per end user seat, I'm breaking the law - even if the copyright holder has made the software freely available for download. They could have as easily put the application on a Torrent network and the licence would still be required. Especially if the vendor required you to pay _before_ you download."
Yes. Most of the time, the license is in the program itself. So I don't follow you here. If they have a program that requires a license key, then you are still stuck with an unusable file until you get said key (that you have to pay for). Your analogy doesn't apply here since audio files don't have that key.
I don't want a flame war either.. But your logic is not sound.
For the potatoes, you aren't just leaving them on your front lawn, you are taking them to the market and putting them up on a table with a sign saying "free potatoes". I know of no torrent file that you need to pay for. None.
Now, if you put your file on iTunes and someone took it off there without paying, THEN that would be illegal. But putting it in an area that you know it will be downloaded (Nay, you HOPE it's downloaded because you are counting on the fees) means that your defense of "I put it there not expecting it to be downloaded" would be laughed out of court.
"Same applies here: just because the files are available, still doesn't give people the right to take them."
No. Unless you put them on a service that you know people will take them (and I prefer the term copy. You aren't losing your files when I copy them).
I mean, it's like me handing you a fish that I bought from the local deli and then threatening to take you to court because you stole my fish.
I can't see how anyone would pay the charge. What really worries me about this is that this may count as a strike for those countries adopting the "3 strikes and you are out" law.
By that same logic, I can say "If you click the link to my site above, you owe me $1,000,000" and if you end up clicking it, then you are agreeing to pay me that money.
I will admit, I am not a lawyer (and by your later replies, you are saying you are), but I have yet to see one case that this is true.
If you can find me one, then I'll send you half of the money I get for your services. :)
"OK, by that logic, why don't they go ahead and ban convicted shoplifters from ever entering a store again. Burglars from ever entering homes (anyone's home, their mother's, brother's, or even their own). Car thieves from getting near cars."
When I got run over by a bus, I was arrested. Part of my being let out on bail was that I do not "approach within 100 yards of the victim" (The bus company buses or their stops).
I informed the police officer that I would love to sign that, but as soon as I do, I'm in violation of it because of the bus stop right outside.
On the post: Reminder: You Don't Compete With Piracy By Being Lame, The DVD Edition
Re: Re: Re: Re: Flickr is a photo sharing site
There, problem solved. :)
On the post: Philly City Council Members Want To Sue Facebook And Twitter Over Flash Mob Snowball Fight
Re: Question
On the post: An Olympian Spammer Discovers That Reputation Is A Scarce Good You Don't Want To Destroy
Metallica
Who? ;)
On the post: Bev Stayart Sues Yahoo Again For Violating Her Privacy Rights
Re: Let's see what we have here:
Let's see a cougar or a bear wander into their sanctuary. See how fast she calls animal control. :)
On the post: Yes, Three Strikes Laws Have Unintended Consequences That Even Music Industry Execs Hate
Re: Re: Re: can you clarify the connection
On the post: Facebook Continues Blocking Apps That Help You Delete Your Facebook Account
Re:
On the post: Oregon Tries Claiming Copyright Over Gov't Materials Again
Copyright Owners
Personally, I would like to give me a free pass on this court case.. I'll let myself off with a warning and only if I continue to abuse the law against myself will I then sue me.
My head hurts.
On the post: Extortion Is Profitable Too, Doesn't Mean That It's A Fair Way To Profit Off Piracy
Re: Re: Re: Re: Re: Re: Re: yeah yeah, but...
IMHO, if you put out the file on a free public network that encourages file sharing, you should expect people to copy your file for their use.
On the post: Extortion Is Profitable Too, Doesn't Mean That It's A Fair Way To Profit Off Piracy
Re: Re: Re: Re: Re: Re: Re: yeah yeah, but...
True. Well, around here, we call that "Give away and pray". Not the best business model, but may generate some income. It destroys your argument though.
If they have it available on their webpage, then they want people to download it, try it out and (hopefully) pay them for it. If it's available to download on their webpage and they put it also on BitTorrent, how is it illegial to get it from a torrent site and not illegial to get it from the website?
On the post: Extortion Is Profitable Too, Doesn't Mean That It's A Fair Way To Profit Off Piracy
Re:
On the post: Extortion Is Profitable Too, Doesn't Mean That It's A Fair Way To Profit Off Piracy
Re: Re: Re: Re: Re: yeah yeah, but...
Besides the potential sale of the file to that person (who may pay you anyway or may buy something more tangible from you in the future), what exactly have you lost?
On the post: Extortion Is Profitable Too, Doesn't Mean That It's A Fair Way To Profit Off Piracy
Re: Re: Re: Re: Re: yeah yeah, but...
If you don't want to give up a file for free, then don't put it on a torrent tracker.
On the post: Extortion Is Profitable Too, Doesn't Mean That It's A Fair Way To Profit Off Piracy
Re: Re: Re: Re: Re: yeah yeah, but...
If they named the torrent "filename.exe - Do not download if you do not have a license", then I can see it. You are effectively "putting a sign up over your potatoes that they aren't free". That's cool and yes, the people who download that SHOULD be charged. But without that sign, the default is free to download.
"Again, I understand the basic argument, but I still don't agree that because the copyright owner put the files on the net means that anyone can download them."
Not "The Net", but "A file sharing service that is free to all".
"I can download plenty of software apps form the vendor's sites, but if i don't also pay for a licence per end user seat, I'm breaking the law - even if the copyright holder has made the software freely available for download. They could have as easily put the application on a Torrent network and the licence would still be required. Especially if the vendor required you to pay _before_ you download."
Yes. Most of the time, the license is in the program itself. So I don't follow you here. If they have a program that requires a license key, then you are still stuck with an unusable file until you get said key (that you have to pay for). Your analogy doesn't apply here since audio files don't have that key.
On the post: Extortion Is Profitable Too, Doesn't Mean That It's A Fair Way To Profit Off Piracy
Re: Re: Re: yeah yeah, but...
For the potatoes, you aren't just leaving them on your front lawn, you are taking them to the market and putting them up on a table with a sign saying "free potatoes". I know of no torrent file that you need to pay for. None.
Now, if you put your file on iTunes and someone took it off there without paying, THEN that would be illegal. But putting it in an area that you know it will be downloaded (Nay, you HOPE it's downloaded because you are counting on the fees) means that your defense of "I put it there not expecting it to be downloaded" would be laughed out of court.
"Same applies here: just because the files are available, still doesn't give people the right to take them."
No. Unless you put them on a service that you know people will take them (and I prefer the term copy. You aren't losing your files when I copy them).
On the post: Extortion Is Profitable Too, Doesn't Mean That It's A Fair Way To Profit Off Piracy
Re: yeah yeah, but...
I can't see how anyone would pay the charge. What really worries me about this is that this may count as a strike for those countries adopting the "3 strikes and you are out" law.
On the post: Extortion Is Profitable Too, Doesn't Mean That It's A Fair Way To Profit Off Piracy
Re: yeah yeah, but...
On the post: Extortion Is Profitable Too, Doesn't Mean That It's A Fair Way To Profit Off Piracy
Re:
On the post: US Prosecutor Wants To Appeal Lori Drew Ruling
Re:
I will admit, I am not a lawyer (and by your later replies, you are saying you are), but I have yet to see one case that this is true.
If you can find me one, then I'll send you half of the money I get for your services. :)
On the post: Illinois Says Sex Offenders Can't Use Social Networks
Re: Re: Re: Re:
When I got run over by a bus, I was arrested. Part of my being let out on bail was that I do not "approach within 100 yards of the victim" (The bus company buses or their stops).
I informed the police officer that I would love to sign that, but as soon as I do, I'm in violation of it because of the bus stop right outside.
He didn't like that.
On the post: Burning Man's Copyright Grab
Re: Re: Photos and such
Thanks. So far, no one has, but we will see what the future holds.
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