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Uploading Pirated Books via BitTorrent Qualifies as Fair Use, Meta Argues

torrentfreak.com

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Re: Uploading Pirated Books via BitTorrent Qualifies as Fair Use, Meta Argues

#121
post #67
post #44

Earlier quoted context omitted.

So, does this mean that people can simply argue in court now (if they were to be prosecuted for downloading media via bittorrent) that it is fair use if they used it to train a local model on their machine?

People could always simply argue in court that their torrenting was free use. If you're just some nobody representing yourself instead of an expensive lawyer acting on behalf of a large company, maybe the judge will even try to be extra nice when he explains why the argument doesn't hold water.

maybe the judge will even try to be extra nice when he explains why the argument doesn't hold water.

Many judges take a dim view of expensive lawyers trying to pull the wool over their eyes with sophisticated but fallacious arguments. You have to deal with a lot of BS to be a long-standing judge, so it seems like resistance to BS may be selected for among judges.

Re: Uploading Pirated Books via BitTorrent Qualifies as Fair Use, Meta Argues

#122
Everyone's pointing out the obvious hypocrisy here, but I think it's more interesting if Meta succeeds in making this argument: can I just steal any book I want and share it with anyone? Does the same apply to music, movies, TV shows, and video games?

Re: Uploading Pirated Books via BitTorrent Qualifies as Fair Use, Meta Argues

#123
post #51

Earlier quoted context omitted.

I have no issue with anyone pirating. In my country — and soon in Italy as well — all storage media sales include a small levy (Artisjus) intended to compensate copyright holders for losses from piracy. One could argue it's unfair if you're not actually using the media for copying, but having been forced to pay it regardless, I have no moral qualms about pirating content I don't feel like paying for. By the same toke…

Why is it fair that you get to be subsidized by everyone who does pay? Imagine a world where everyone had the same attitude as you and did not pay for any media. Pirates get to pirate only because most people don’t. So why are you so special?

I've bought more media than you. Why is it fair that you get to be subsidized by me?

Re: Uploading Pirated Books via BitTorrent Qualifies as Fair Use, Meta Argues

#124
post #98

Earlier quoted context omitted.

As far as I know, setting upload speed to zero disables the limit. You can set it to be very low but not zero.

You can patch it so zero means zero.

I think it's a fair argument in the context of big corporations using the technology.

Re: Uploading Pirated Books via BitTorrent Qualifies as Fair Use, Meta Argues

#125
post #12

Earlier quoted context omitted.

From my understanding, Meta's use of the pirated book was accepted as fair use and the plaintiffs admitted to no harm. In the case of pirated music and films, neither of those points are made. Copyright holders assume people who pirate would have bought the content, usually even assuming that one download is one lost sale. And I am not aware of a single case where watching or listening to pirated content was accepted…

I don’t get that, the use of these books was instrumental and necessary for the success of the training run. The expected value of these training runs is high as the build out of 100 billion+ infrastructure demonstrates, so the book publishers should at a minimum be paid a licensing fee, a small fraction of every inference run revenue or whatever they decide. The fact that authors and publishers didn’t get any say un…

The conclusion was they suffered no legal harm, in that their interests such as their continued publishing of books was not affected by LLMs; no one is using AI to compete with publishers, if anything "authors" might very well use those same publishers to get their generated books on shelves.

If it's fair use, no licensing fee is needed.

Re: Uploading Pirated Books via BitTorrent Qualifies as Fair Use, Meta Argues

#126
post #51

Earlier quoted context omitted.

I have no issue with anyone pirating. In my country — and soon in Italy as well — all storage media sales include a small levy (Artisjus) intended to compensate copyright holders for losses from piracy. One could argue it's unfair if you're not actually using the media for copying, but having been forced to pay it regardless, I have no moral qualms about pirating content I don't feel like paying for. By the same toke…

Why is it fair that you get to be subsidized by everyone who does pay? Imagine a world where everyone had the same attitude as you and did not pay for any media. Pirates get to pirate only because most people don’t. So why are you so special?

Not everyone is a Kantian.

Re: Uploading Pirated Books via BitTorrent Qualifies as Fair Use, Meta Argues

#127

Earlier quoted context omitted.

[flagged]

Why are all forums inundated with this ridiculous nonsense? They are "MAGA"? How so? Are people who follow MAGA typically anti-piracy or something? Bizarre.

The ideology has an inherent toxicity to it, along with a self own, doubling down on mistakes that would harm you and the others in longer run, embracing silly ideas and a general disregard for niceties. Would have been nice if they didn’t hurt their own fans like that could be simply phrased as ‘being MAGA’

Re: Uploading Pirated Books via BitTorrent Qualifies as Fair Use, Meta Argues

#128
post #67

Earlier quoted context omitted.

People could always simply argue in court that their torrenting was free use. If you're just some nobody representing yourself instead of an expensive lawyer acting on behalf of a large company, maybe the judge will even try to be extra nice when he explains why the argument doesn't hold water.

maybe the judge will even try to be extra nice when he explains why the argument doesn't hold water. Many judges take a dim view of expensive lawyers trying to pull the wool over their eyes with sophisticated but fallacious arguments. You have to deal with a lot of BS to be a long-standing judge, so it seems like resistance to BS may be selected for among judges.

Sorting BS from non-BS is pretty much the daily job description for a judge.

Re: Uploading Pirated Books via BitTorrent Qualifies as Fair Use, Meta Argues

#129
post #108
post #96

Earlier quoted context omitted.

and the protocol doesn't enforce you upload anything. The original design called for some kind of tit-for-tat algorithm, but it's long obsolete and you get whatever bandwidth the seeder has.

If you try to download any significant file with zero-upload, you will run out of peers that will share with you much earlier than you will download the file. It's not practical. Most people that speak of leeching or not seeding really are talking about not seeding at all after they've completed. In fact, most clients will let you set upload speeds to a trickle but not zero (zero means unlimited in most clients). Fro…

It’s true that most clients do not support a zero upload configuration, but it’s not inherent to the protocol, and modified clients exist.

I’m not aware of any clients that will refuse to share data with clients that are configured to not upload. I don’t even see how they could determine that, especially in situations where there are no other peers to upload to, and given that stats are entirely self-reported and clients that send bogus numbers exist.

You would need a central tracker that cares, which is what private torrent communities rely on, but not public/DHT torrents such as those discussed here.

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