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Old 01-29-2011   #33
vincent_richter
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Re: Some BE stories and comics

Metatron, I get the feeling throughout this discussion that you're privy to details of copyright law that the rest of us might not be. I don't suppose you might share some precedents, if only for my own edification?

Quote:
Originally Posted by Metatron
while this one does not have the entire video it is a clip and is subject to the law of video piracy where the video must be playing either from the source (aka creator) or a broadcast station with permits to play such a video. Upon editing the video down a source citation must be added to the video in order for people to confirm where it was played and when. The video would only be viable for a week to two.
At the very least, this comment should be qualified in the proper legal context; if there's an established precedent that makes adding or editing brief video clips somehow NOT an established Fair Use - and thus, piracy / illegal - it would behoove the community to be aware of it, if only to keep from running afoul.

As for the photosets with no current domestic equivalent, I'm going to set aside WIPO for the sake of further discussion. It's not that I'm against the concept of individual property rights; it's just that we've spent more than three centuries developing viable international copyright law, and that shouldn't be set aside to further each member nation's controlling agenda. Even Walt Disney wasn't arrogant enough to assert a 100% international monopoly on Mickey Mouse in the early years.

Quote:
Originally Posted by Metatron
While it can be said that this site does not host some of these videos or pictures but they are on a sharefile the same can be said about the chan boards and several of them have been closed many times over.
Which "chan" board are we referring to here? Ni-chan and similar boards got nailed repeatedly because they posted Japanese warez on sites centered in Japan, what'd they think would happen? Additionally, 4chan doesn't just rip off foreign material (not saying that that's okay, either, before anyone jumps on that bandwagon AGAIN), they ALSO loot domestic product, which AGAIN runs them afoul of domestic copyright law. Using those guys as established precedent of copyright enforcement is a REALLY bad idea, simply because there's NEVER a gray area with them.

Quote:
Originally Posted by Metatron
Yes but as stated this site is hosted in the US so it is subject to all laws in this country. The US is a little more hard nosed about piracy.
So are Iran and China, and yes that IS hyperbole, but I trust you get the idea.

Quote:
Originally Posted by Metatron
Most are certain that this is likely due to an increased legal pressure.
Increased legal pressure != actually doing anything illegal. For an example, I could mount an affirmative motion that you defamed my character by implying my ignorance of the PureTNA situation (not that I would ), but does that make you guilty or even mean that you actually did anything illegal? It's about time that the whole "guilty until proven innocent" bullshit about anything electronic comes to an end.

Quote:
Originally Posted by Metatron
I suppose my primary reason for continuing this rant is that I worry that this site may fall victim.
That, at least, is fair; I often worry the same, which is why I want to be proactive about things that DEFINITELY fall into the realm of domestic piracy. Beyond that, I find it highly offensive when I get called out for doing so, and I consider it even worse when I get called out for not having thorough knowledge of foreign policy. It's not that I don't care about artists' rights, it's simply that I actually *have* a day job, and there simply aren't enough hours in the day for me to both further my legal knowledge and put in my 40 hours of labor.
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Last edited by vincent_richter; 01-29-2011 at 08:13 PM. Reason: Edited last line for clarity; "affirmative motion" != "affirmative defense"...
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