tag:blogger.com,1999:blog-5383512304639632735.post2545076310017881888..comments2024-01-23T07:34:52.253-08:00Comments on Copyrights & Campaigns: Court grants summary judgment for studios in Gary Fung/IsoHunt case; no DMCA safe harbor for inducementBen Sheffnerhttp://www.blogger.com/profile/06477793715765992689noreply@blogger.comBlogger5125tag:blogger.com,1999:blog-5383512304639632735.post-11867523955163868362009-12-28T20:22:57.272-08:002009-12-28T20:22:57.272-08:00San I am:
Except that nothing is ever sold apart...San I am: <br /><br />Except that nothing is ever sold apart from the hard material that the copyrighted work is recorded on. You are 'licensed' not 'sold' a copyrighted work for the purpose of viewing. The EULA/TOS will almost always say something tantamount to that. <br /><br />The only sale that is occurring is that of the distribution media and in the case of digital distribution, the only sale that can be presumed to exist is for the bandwidth required for the distribution. <br /><br />Copyright and merchant law are two separate entities, and while they do interact they retain their distinction. <br /><br />It is - to me at least - dishonest to claim theft/piracy/stealing for copyright law infringement, it is a clear misrepresentation. It has never been established that copyright infringement translates to theft, loss of commercial value, or lost sales. The suggestion that in the absence of free alternatives infringements becomes sales is equally unproven - and unprovable. <br /><br />Ironically, this crack down on copyright infringement - which has no proven harm - is creating/contributing to the growth of an organised criminal underworld just as prohibition did.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5383512304639632735.post-41060682271338625192009-12-28T19:16:10.497-08:002009-12-28T19:16:10.497-08:00This is the ruling that the porn industry has been...This is the ruling that the porn industry has been praying for.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5383512304639632735.post-72704274555660003042009-12-26T05:57:59.512-08:002009-12-26T05:57:59.512-08:00“there is a perceived need that isn't being fi...“there is a perceived need that isn't being filled”<br /><br />I’d have to respectfully disagree with that today. While that was once very true--and Gertner acknowledged this in Tenenbaum--the current selection of online and legal, digital merch is broad and grows everyday. The only “perceived need” that remains unfulfilled is free. <br /><br />Digital industry is now faced with a reality that the long 10 year period of meticulous, incremental legal sorting helped facilitate a free-for-all consciousness now imprinted on our digital natives, as Nesson likes to call them.<br /><br />When fans of digital product bring value for value, i.e. their time, attention or money as in all commerce, then “perceived need” can and will be addressed in increasingly innovative ways. But a robust marketplace for digital product is a two way street requiring a purchase. The legal process and this judgment helps summarily identify those who just want to use technology, anonymity and facile ethics to take something intended for sale......for nothing.Sam I Amnoreply@blogger.comtag:blogger.com,1999:blog-5383512304639632735.post-76207429625407886352009-12-24T14:30:52.078-08:002009-12-24T14:30:52.078-08:00Good summary.
I am not about to argue the court&#...Good summary. <br />I am not about to argue the court's decsion, it looks like they considered all the issues and came to a fair conclusion. <br /> <br /> There is another story as well. And that is the reason his site was popular. In the absence of any alternatives, the online community has no other options except to gravitate to sites like this. Shutting them down might sound like a good idea, but until there are viable and legitimate alternatives these sites will just continue to proliferate. <br /><br /> This is a social problem as well as a legal one. From a social perspective, there is a percieved need that isn't being filled. If alternate channels do become available, the online community will use it. Apple and iTunes proved it.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5383512304639632735.post-68448734142585778022009-12-23T20:59:28.516-08:002009-12-23T20:59:28.516-08:00Ben,
Your timely insights on these important deci...Ben,<br /><br />Your timely insights on these important decisions are, as always, much appreciated.<br /><br />James GannonAnonymousnoreply@blogger.com