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

torrentfreak.com

191–200 of 289 posts

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

#191
post #7

> Anyone who uses BitTorrent to transfer files automatically uploads content to other people, as it is inherent to the protocol. In other words, the uploading wasn’t a choice, it was simply how the technology works. What an argument to make in court. It can be proved false in minutes by the plaintiffs.

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

#192
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…

One of the underlying issues is that punitive damages seem to be the norm in US courts. In the UK you can only claim for the actual damages incurred, which at most will be the profit you would've made on the sale of that book. Which makes most claims for private infringement uneconomical for corporations.

Note though that the court can award more than this in some circumstances. From the Copyright, Designs and Patents Act of 1988, section 97 [1]:

  (2) The court may in an action for infringement of copyright having regard to all the circumstances, and in particular to—

    (a)the flagrancy of the infringement, and

    (b)any benefit accruing to the defendant by reason of the infringement, award such additional damages as the justice of the case may require.
I think most copyright systems have some provision for damages beyond lost profits, because if they did not what incentive would there be to not infringe?

[1] https://www.legislation.gov.uk/ukpga/1988/48/section/97

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

#193

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…

How does that money get distributed? If I create a film, how they decide if I’m worthy enough to receive some of that money?

It operates sort of like a guild. For music, there's the SACEM, where songwriters, musicians, etc. register themselves (hey I have this thing), and get help (e.g. SACEM invests in young aspiring music professionals) and royalties based on how their music was used and by whom. All music users pay SACEM for the use, and SACEM distributes the proceeds to the copyright holders.

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

#194

Earlier quoted context omitted.

They didn't. I haven't bought a Metallica album since the black album. That was a decade earlier, because everything since sucked, but as I got older I thought about maybe expanding my tastes. I avoided Metallica specifically for their disrespect of their fans.

Did they not? Seems like they're still quite popular, and I knew people in HS (for reference, late 2010s to early '20s) that were big into the band. Additionally, looking at Google Trends[0], it seems they peaked in 21st-century online popularity in 2008 and had another notable uptick in 2017. I think a lot of us want the assholes to have suffered real consequences for their behavior, but want is different from did .…

I think they've got some ineffable qualities, and frankly there's lots of other genres where people might decide to give them a listen...

Which is really just a roundabout way of saying I think Apocalyptica did a lot to help refresh them in the modern zeitgeist (Yes I know it was older, but I remember youtube videos causing it to enter at least my and other's conscious space...)

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

#196
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…

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.

IIRC, Dave Grohl actually gave a lot of shit to Metallica, claiming that it would be one thing if this were some indie band selling cassettes having their music stolen, but it's another when multi-millionaires are crying that they aren't getting extra money.

Found it: https://youtu.be/Yy45qY9c49k

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

#197
post #39

Earlier quoted context omitted.

Children can commit crimes too. It's funny, because now in the age of AI, many of the people that support piracy are now trying to stop AI companies from doing the same thing.

We support copyright reform not piracy. The reason we do is because corporate giants have weaponized the system for their own ends and not for our useful promotion of the arts and sciences. So.. I don't think it's appropriate for billion dollar companies to abuse copyrighted authored material for their own profit streams. They have the money. They can either pay or not use the material.

The only copyright reform I support is abolishing this abomination altogether.

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

#198

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.

Another person who I remember really coming out as a villain in that era was Gene Simmons from KISS: "Sue everybody. Take their homes, their cars."[1] [1] https://arstechnica.com/tech-policy/2010/10/kiss-frontman-we...

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

#199
post #171

Earlier quoted context omitted.

Yeah, they're popular like Ariana Grande is after the Manchester bombing. But just about everything they released after the Black album is kind of lame. The Budapest tickets sold out pretty fast, but they're still lame regardless if people go to their concerts. Compared to Depeche Mode and other bands that only get better with age, Metallica just play the same old songs or worse. And they're not a cult band like Deat…

But they kind of are (a cult band). Most people in the world know Metalica while hardly anyone ever heard any of the Sisters Of Mercy's tracks. Normal people don't care- they just enjoy a ballad or two. I've long since learnt to separate an artist from their art- a fair share of the musicians, actors, directors etc aren't really a decent bunch

Not really, they missed that chance when they released Load and Reload and who knows what they did after that. I got fed up with their foray into commercial music and moved on to prog metal and other more interesting stuff. If they had stopped after the black album or continued to release quality works, then things would be different, but they chose money, whining, lawyers and drunk teenagers as an audience. They became lame and popular, which excludes being a cult band. Cult bands are not very popular in fact, as you have yourself pointed out.

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

#200
post #147

Earlier quoted context omitted.

Everything bends to power, by definition. And laws can’t be impartial because they’re not based in hard science: terms like “murder”, “assault”, “theft”, etc. are ambiguous thus up to interpretation (e.g. is a scam theft? If so, what defines a scam? If “lying”, what’s the difference from “misleading”, or if there’s no difference, what defines “misleading”…) My best idea for a solution is better education, so people d…

Right problem, wrong solution. You can't build something that doesn't bend to power, by definition. You have to take away the power.

Power can only be redistributed.

Education also bends to power (people can be “educated” via propaganda), but it’s harder because people have some level of critical thinking. You can only chain so many lies before they contradict each other or live experience.

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