07-21-2009, 02:46 PM | #331 | |
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Somewhat tangential.
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I believe the analogy with Jammie Thomas is flawed; she had no legal right to distribute the songs. The analogy should've been, "then you don't think Kazaa/Napster/ThePirateBay/etc should be held responsible for allowing Jammie Thomas' exchanges to go through." The P2P sites are not providing content; they are providing a specialized search engine that allows content-holders to connect with each other. P2P a way of downloading directly from other people's computers, with their consent; it allows download from several identical copies on several computers at once. Almost nothing can prevent these data exchanges; the ability to transfer files from one computer to another is inherent in being online. All the P2P sites do is make it easy to do so. All they can do about potentially illegal content, is remove that file's searchability from their index--the files still exist, and individuals can still find ways to share them with each other. |
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07-21-2009, 02:49 PM | #332 |
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07-21-2009, 03:04 PM | #333 |
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I disagree. While I do think Amazon should check a little more thoroughly on it's submissions, they did have someone giving them identifying information and explicitly claiming that they had the rights to distribute. I really doubt Ms. Thomas had any sort of authorization process at all when she got tracks. Sure, she could've just assumed since someone gave them to her that it was legal to give them to someone else. I could assume if an item in a store doesn't have a price tag on it that it's free but I doubt I'd get away with that argument when I tried to walk out the door with it. My assumption wouldn't hold up in court. They would expect me to have some basic knowledge of the rules.
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07-21-2009, 03:05 PM | #334 | ||
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Theoretically, a P2P user is receiving content from unverified distributors, just like Amazon. If Amazon does not have to verify the uploader of the Ayn Rand books, but can be assumed to be acting "in good faith", then someone downloading from a P2P site can also be assumed to be acting in good faith that uploaders are authorizing distribution. Just about every P2P app I've seen has something during the installation that tells you that you should only share content that you have the authorization to distribute, and that the P2P network is not to be used for copyright infringement. Is that a particularly strong standard for authorization... not really. But neither is Amazon's "we'll assume you're authorized if you tell us so". Should a downloader just assume that another random P2P user is the copyright holder of an RIAA published musician... probably not. But then again, Amazon just assumed that some random internet user was the authorized copyright holder for a Published Author. If Amazon is not expected to verify every source and only has to remove material afterwards when it becomes known that it wasn't authorized, then P2P users are not expected to verify either. I'm not saying I agree with the above. What I am saying is that if you do agree that Amazon is not responsible and that they acted "in good faith" by redistributing content that they believed was authorized without verification, then filesharers should be held to the exact same standard. |
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07-21-2009, 03:10 PM | #335 | ||
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07-21-2009, 03:24 PM | #336 | |
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I was not comparing the infractions. I was comparing what is expected of people in our society as far as making sure their behavior is legal. If there is no price tag, a reasonable person would expect they would need to ask what the price is, not that they could just assume that it was there for the taking. If Ms. Thomas just assumed she had the legal right to redistribute those files without asking anyone or checking up on it, then she clearly was told by the courts that it was not the case. |
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07-21-2009, 03:55 PM | #337 | |
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Last edited by carld; 07-21-2009 at 04:00 PM. |
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07-21-2009, 04:16 PM | #338 |
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I am by no means a legal expert, but I believe here in the US it's a criminal matter if you are charging money for pirated works. Giving them away is a civil matter IIRC.
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07-21-2009, 04:24 PM | #339 | |
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Carl |
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07-22-2009, 05:31 AM | #340 | |
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EDIT: I see the screenshot says the ebooks will remain on Mobipocket servers, so I guess only the location of Mobipocket matters. If Mobipocket were based in Canada, they could host 1984, and if the files are not sent to Amazon... could Amazon.com sell an ebook that is PD in Canada and that is going to be transferred directly from Canada to the user? Last edited by Jellby; 07-22-2009 at 05:35 AM. |
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07-22-2009, 08:24 AM | #341 | |
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You can restrict books in two ways: by selecting the retailers that you wish the books to be distributed to, and by specifying a "territorial restriction" in the book itself. |
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07-22-2009, 11:52 PM | #342 |
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07-22-2009, 11:54 PM | #343 | |
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The phone company and the ISP are not generally responsible for transmitting infringing material. http://www.law.cornell.edu/uscode/17...2----000-.html Amazon does not have that protection, and is responsible for any distribution of infringing material, regardless of fault. The legal term is "strict liability," and Amazon is liable, period. Last edited by Harmon; 07-23-2009 at 12:25 AM. |
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07-22-2009, 11:59 PM | #344 | |
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07-23-2009, 12:33 AM | #345 | |
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On the P2P vs. Amazon situation, it seems to me that distribution is distribution. Amazon distributes infringing material all by itself, the P2P user distribute it as a group. Further, if I understand how P2P works, both Amazon and the P2P user store the infringing material, or some portion of it, on their own computer. So in the absence of some other distinction, it seems to me that they should be, and will be, treated the same. As far as I can see, "good faith" only comes into play in terms of what the statutory damages wind up being. Last edited by Harmon; 07-23-2009 at 12:37 AM. |
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