07-21-2009, 02:12 PM | #316 | ||
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07-21-2009, 02:13 PM | #317 |
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Amazon isn't a P2P torrent site, other than copyright violations being possible they aren't even remotely alike.
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07-21-2009, 02:14 PM | #318 |
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No, it's the exact same situation.
Someone is getting content from unknown sources without verifying if that source is authorized to distribute or not. They are then turning around and re-distributing the same content themselves. If it turns out that the content is unauthorized, then they should be able to just remove it without being held legally responsible. Which did I just describe, the Amazon situation, or P2P? |
07-21-2009, 02:16 PM | #319 | |
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07-21-2009, 02:16 PM | #320 |
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I'm afraid I can't answer that question since I've never used a P2P system. Does a P2P client allow the user to specifically choose who to download content from, by name, like Amazon shows you the name of the publisher of a book? If so, then yes, I'd say that if the user were to download content from someone claiming to be a legitimate distributer of that content, then the end user could not reasonably be held accountable for any copyright infringement.
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07-21-2009, 02:17 PM | #321 |
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07-21-2009, 02:22 PM | #322 | |
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So in your view then, Jammie Thomas should not be held accountable. |
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07-21-2009, 02:23 PM | #323 | |
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But anyway, who is more or less responsible was not the main point, and it would depend on the circumstances and subjectivities. |
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07-21-2009, 02:27 PM | #324 | |
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Notarized means the person's identity has been verified by an authorized, neutral third party. Filling out a set of numbers is meaningless if those numbers can just be fake. Amazon should be working with stronger contracts than "I promise this info is true, signed Anon Anybody"--since they're distributing to third parties and grabbing a profit from the activity, they should be actually verifying at least some of the info before publishing. |
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07-21-2009, 02:28 PM | #325 |
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I'm afraid that I honestly don't know enough about P2P clients, and what information they provide to the user, to be able to sensibly answer that question. Sorry.
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07-21-2009, 02:31 PM | #326 | |
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Personally, I believe that they are both engaging in infringement. But, you can't say that one is and the other isn't. They are both doing the same thing. IF (notice that's an If), someone wants to say that Amazon should not be held responsible, then they are also saying that P2P users should not be held responsible either. I am just curious as to whether the people defending Amazon really feel that way, or if they are just making special rules because it is a company doing it instead of an individual. |
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07-21-2009, 02:33 PM | #327 |
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There's a big difference between Jammie Thomas and the original example. I understood you as talking about a person getting content thinking they had the right to distribute it and then finding out later they didn't. Even if Ms. Thomas had purchased authorized copies of the songs she uploaded, she did not purchase the right to distribute them. When Amazon accepted the self-published work, it was with the submitter attesting they had the right to distribute it and was authorizing Amazon to distribute it for them. No such rights were given to Ms. Thomas if she purchased a CD or tracks from an authorized store.
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07-21-2009, 02:39 PM | #328 | |
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Would that sound reasonable? |
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07-21-2009, 02:41 PM | #329 | |
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07-21-2009, 02:43 PM | #330 |
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