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Actually, though... If they've been monitoring everyone's internet traffic, it's feasible they have unwittingly downloaded illegal copies of media. Meaning they've committed copyright infringement on a massive scale?
NSA probably has specific exceptions written into law. In the UK GCHQ has exemptions to cover things like anti-circumvention of copyright law; images of child sexual abuse; copyrights; etc etc.
It says "Free to download and use" So how is that copyright infringement?
Right after that it says ‘© Author’, which links to a Terms page, which states “If you make money from using our stuff, share it with us!” and “You acknowledge the author, including in derivative works, if possible with a caption” and “You make an effort to contribute similar material of your own creation to the Web under similar terms, if and when you can.” http://gallery.hd.org/terms.html
We're working off a broad assumption that they've never attributed the author.
Actually, though... If they've been monitoring everyone's internet traffic, it's feasible they have unwittingly downloaded illegal copies of media. Meaning they've committed copyright infringement on a massive scale?
Actually, though... If they've been monitoring everyone's internet traffic, it's feasible they have unwittingly downloaded illegal copies of media. Meaning they've committed copyright infringement on a massive scale?
Wouldn't a court have to prove that they intended to infringe copyright?
Earlier quoted context omitted.
Wouldn't a court have to prove that they intended to infringe copyright?
http://waxy.org/2011/12/no_copyright_intended/
You can sue the feds for copyright infringement, but only for reasonable compensaton -- you cannot recover the costs of litigation.
Actually, though... If they've been monitoring everyone's internet traffic, it's feasible they have unwittingly downloaded illegal copies of media. Meaning they've committed copyright infringement on a massive scale?
The same would be true of the NSA. They aren't redistributing the data they download to anyone who asks, they are instead compiling an index to be searched for intelligence gathering purposes.
Earlier quoted context omitted.
http://waxy.org/2011/12/no_copyright_intended/
IANAL, but I suspect there's a difference between uploading a video and saying "I didn't mean to" vs just copying massive quantities of data. For example offering a backup service.