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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

#271

Earlier quoted context omitted.

Who needs Metallica when we have Slayer ?

Different styles. Slayer is more "history of death metal" thrash, Metallica is more "classic bay area" thrash. Personally I am more into the "history of death metal" type thrash and ambivalent about metallica but I appreciate them as artists.

thrash? whatever you feel about Metallica, the songs are carefully written and performed

real thrash is a real thing, you know it when you are in it

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

#272

Earlier quoted context omitted.

And if that was stolen by someone else to give to other customers for free, how might that impact you?

It wouldn't impact me at all. Without our hardware it is useless. And customers need certifications, support and availability guarantees. Customers aren't paying shit for code. They don't need code. They need solution to their problems. Of which my code is a very small (if critical) part of. And yes, that's totally irrelevant. Because the mere fact that some people depend on some evil for their living doesn't justify…

That’s good for you, but for the rest of us, we live in economies of scale. Copyright is the legal underpinning of most software engineers’ ability to earn a living and feed their families.

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

#273
post #133

Earlier quoted context omitted.

Remember that Metallica band members played an active driving role in those lawsuits against their own underage fans. It wasn't just the RIAA / record company organizations behaving cruelly, it was Metallica themselves. Fuck Metallica.

Not that surprising considering that James Hetfield has no qualms about his music being used for literal torture. https://www.theguardian.com/world/2008/jun/19/usa.guantanamo

consider the Virginia Tech football games too.. somehow, that is related?

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

#274

Earlier quoted context omitted.

Different styles. Slayer is more "history of death metal" thrash, Metallica is more "classic bay area" thrash. Personally I am more into the "history of death metal" type thrash and ambivalent about metallica but I appreciate them as artists.

thrash? whatever you feel about Metallica, the songs are carefully written and performed real thrash is a real thing, you know it when you are in it

I am saying I respect both ends of thrash metal even though I have a particular lean to one side of the spectrum.

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

#276

Earlier quoted context omitted.

Probably the best drummer there ever was though.

at the top there's Neil Pert, then a huge gap, then anyone else.

And then, if we grant that Peart is the best of the best, the 100 names that would follow in any sane list, Lars is no where to be seen. I doubt he'd crack the top 250.

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

#277
post #110

Earlier quoted context omitted.

"tit-for-tat" trading of chunks only happens between peers that both are actively downloading. Seeding nodes just let anybody leech. You totally CAN disable all uploads in the torrent protocol. Just set the "upload budget" to zero in most clients. Just nobody realizes they can do that. Bittorrent is wildly successful in part because every popular client makes it nontrivial to "opt out" of it's more socialist componen…

Tit-for-tat kicks in. It's fine for smaller files to just jump peers with zero upload, but i reckon Meta would have found it challenging to download very large files without sharing. It's certainly much faster if you don't get throttled or banned by many peers.

> i reckon Meta would have found it challenging to download very large files without sharing. It's certainly much faster if you don't get throttled or banned by many peers.

You're not that likely to get throttled by seeds though, and most torrents that are downloadable at all have a few seeds. Seeds have no way of verifying whether you're contributing the network, they're just there because someone (implicitly) decided to make the file available to whomever drops by and asks for it.

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

#278
post #35

Some of us are old enough to remember when the RIAA sued children for downloading Metallica albums on filesharing networks. They sued for $100,000 per song, an absurd amount when you consider that even stealing a physical album would amount only to around $1 per song. What was bizarre was that courts took the figure seriously, even if they typically settled cases for around $3,000, still around 30x actual damages. Th…

I always wondered - were the huge fines applicable because they shared the files, or because they downloaded the files? The two things were always conflated and poorly understood in media reports at the time.

Seems like it would be impossible to prove substantial damages from one individual downloading an album, because you have only lost the potential single sale. No different than a kid stealing a single CD in terms of lost revenue.

Sharing the song on Kazaa or Limewire or Napster however means that they could have potentially illicitly provided the album to thousands or even millions of potential customers, more akin to stealing a truckload or even a whole store full of cds. In that case, it does seem plausible that you could prove (or at least convince a judge/jury) significant damages more in line with the exorbitant punitive sums.

Since they “caught” you by setting up fake peers that recorded your ip when sharing, I always assumed it was the latter that actually got people in trouble.

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

#279

Earlier quoted context omitted.

> It seems like the only reason people want to argue that it's the uploader Well there's also the issue of enablement. If you're overly enthusiastic to turn a blind eye to illegal conduct you end up being labeled an accomplice. But of course that would seem to apply to Facebook here in equal measure.

> Well there's also the issue of enablement. If you're overly enthusiastic to turn a blind eye to illegal conduct you end up being labeled an accomplice. That's something the industry made up out of whole cloth. If someone sells ski masks that can be used for both keeping the wind off your face when you're skiing and hiding your face when you're committing burglary and has no means to know what any given person inten…

> That's something the industry made up out of whole cloth.

No, that's how the law (at least in the US) generally works across the board.

Your ski mask example is misplaced. There are legitimate uses for the product and it isn't immediately apparent to the store why someone might be purchasing a given item. It's not their job to invade their customer's privacy.

Your logic regarding torrents only works if we assume that a significant number of peers are engaging in fair use. For a torrent containing copyrighted content that was never distributed by the rights holder via P2P. Thousands of peers all working together to make backup copies of their legitimately purchased products. Right.

I'll freely admit that scenario to be beyond absurd despite being no fan of the current copyright regime in the west.

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

#280

Earlier quoted context omitted.

> The total actual damages are then $750, but the law would allow them to recover a minimum of $750 from each of them Because they're statutory damages, because the actual point of the exercise is to make an example of the person breaking the law. Obviously in scenarios where it's feasible to reliably prosecute a significant fraction of offenders then making an example of people isn't justifiable.

> Because they're statutory damages, because the actual point of the exercise is to make an example of the person breaking the law. That's quite inaccurate. Punitive damages are typically treble damages, i.e. three times the actual amount, not 750 to 150,000 times the actual amount. The actual point of statutory damages is that proving actual damages is hard, and then if you caught someone with a pirate printing pres…

> That's quite inaccurate.

What is? My claim is that regardless of the exact wording the intent behind the law in this specific case is to make an example of violators. Do you dispute that? If so, on what basis? Because I believe the past several decades of results speak for themselves.

> The problem is they then applied that to P2P networks and people who were on average making a single copy.

A person retains a single copy for himself. However he does indeed actively participate in the creation of many other copies (potentially hundreds of thousands as you say). That sure sounds like the digital equivalent of a pirate printing press to me.

What you were describing was not P2P but rather the users of pirate streaming sites. And as we see rights holders don't generally pursue such people, preferring instead to only go after distributors.

I say all of this as someone who doesn't support current copyright law and sincerely has no objections to what Facebook did here.

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