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Old January 28th   #81
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Quote:
Originally Posted by Wilson! View Post
the crime is supposed to fit the punishment... here, not even close.
$>life?
So maybe the other sentence needs to be more severe. 20yrs seems a little too short. Someone at 24yrs old is free by 45 to do it again.
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Old January 28th   #82
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Originally Posted by Tanro View Post
Well he didn't do anything wrong. He provided a file storage host. I can't think of any possible way for these file storage sites to continue if what he did is worth 50 years in prison. I doubt there is software that could possibly keep up with what people are uploading, especially if it is in a rar archive or a 7zip archive that has been split.

The people uploading and providing links to the infringed media the guilty parties.
But if they're making money, they need to figure it out.

It's like saying I don't want to collect sales tax because it's too hard to remit to all the municipalities, counties and the state in Alabama and keep up with all the different tax rates. But guess what? I spent hours a month doing it when I was distributing auto parts. It's part of the overhead of a business. And if you can't provide a service like this when factoring in your overhead, then you simply cannot be in business.

The roofing companies play this game crying that American labor is too expensive, so they've hired illegals. Awesome job that did in messing up our country.

According to most TOS, it is the people uploading and sharing links that are the infringers. But by nature, it is an overload on the judicial system to take legal action against each of these individuals, especially since there's not guarantee there's any payout. When a company is making money off of these individuals and hiding behind a TOS that deflects responsibility, that's just cheating the system and making bank off of it. That's the heart of the problem that's attempting to be addressed here.
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Old January 28th   #83
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Quote:
Originally Posted by A_Cryer View Post
If you choose to kill, then you deserve the same punishment. Given these circumstances, my tax dollars won't have to help support a worthless person in prison and they may actually think before they kill a person if they know that they will suffer the same circumstances. 20 years is a joke
My thinking as well, but the judicial system works otherwise.
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Old January 29th   #84
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Its not a problem by accepting the TOS the end user agrees that they will be held legally responsible for any actions.

This thing with the Megaupload court feels kangrooed anyways. I heard he was arrested and then a week later sentenced? I know people who have gotten pulled over and busted with pot and took them longer than that to get arraigned. There is jut no possible way for the company to go through each file. Its not an overhead thing. There is no software that would be able to keep up with it. Thus the TOS.
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Old January 29th   #85
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Originally Posted by Tanro View Post
Its not a problem by accepting the TOS the end user agrees that they will be held legally responsible for any actions.
Legally this may not be a problem, but it isn't fair to the content creators as companies can use this verbage to help crimes be committed and profit from it. That's unethical. It's like saying the crack dealer shouldn't be punished, just the users.

I foresaw this a LONG time ago in 2004 as web publishers started to compete with their print counterparts. The web sites would start to have the same responsibilities as their print relatives, even with legal precedents to the contrary. And the issue of IP brought all this to a head right now.
Quote:
Originally Posted by Tanro View Post
This thing with the Megaupload court feels kangrooed anyways. I heard he was arrested and then a week later sentenced? I know people who have gotten pulled over and busted with pot and took them longer than that to get arraigned. There is jut no possible way for the company to go through each file. Its not an overhead thing. There is no software that would be able to keep up with it. Thus the TOS.
I think every so often, judges want to make 'examples' out of cases. Case in point is myself with a judge adamant about sending me to jail for 30 days for a speeding ticket.

Unless you're an IT professional with years of software development experience, I don't think you can factually make that argument. I know how much I can do with the dated and limited equipment in front of me, and it's definitely possible to screen every single thing uploaded, even if it's a thousand a second. It doesn't have to be an automated process either. It can be a call center in a third world nation screen millions of pieces of content every hour. Yes, it would cost a couple hundred thousand a year, but how much was the guy making?

There is a cost to doing this, because nothing in life is free even if everyone on the Internet thinks otherwise.
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Old January 30th   #86
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Be careful talking about the superbowl next week. NFL regards accounts of the game as their Intellectual property.

http://gizmodo.com/5880483/its-illeg...the-super-bowl
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Old January 30th   #87
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Old January 30th   #88
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Be careful talking about the superbowl next week. NFL regards accounts of the game as their Intellectual property.

http://gizmodo.com/5880483/its-illeg...the-super-bowl
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Originally Posted by Beckham View Post
*sigh*
And if you read that article it also states a truth about copyright law, "facts aren't copywritable".

However, this is a good example of all the confusion and mass-hysteria that's been created by all the players involved. So let's examine this particular issue in detail to get a better understanding.

So if the recount of the game isn't coryrightable, what is? Well, if you copy the exact statements, those are considered 'original works' and that's infringment. If you record the video and then re-broadcast it on something like youtube, that's infringment.

But if these are on their website and you link to or embed this original content, then it is not infringement. Why? Because the works are technically still being published by them since they reside on their servers.

So, the lesson here is link and embed, don't cut and paste. Do this, and you avoid almost every act of infringement.
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