I hope they do overturn it. It will seriously bankrupt them. Because if Sony vs Betamax is overturned, VCRs and by extension, DVD players are 'illegal'.
And since Hollywood makes something like 50% of it's revenue from DVD sales...byebye revenue stream.
Even more stupid, I don't intend to watch tomorrow, I intend to watch today...I just start 10 minutes into the show so I can skip the commercials and still end up at the same place.
Yet according to them that would not be infringement because it's 'same day'. *headdesk*
As soon as timeshifting is legal, and it is, what I do with that timeshifted signal is up to me, it's 'mine' (not the copyright, but the use)
Well to be fair, 500 TV channels pushing you content 24/7 is a LOT of material to upload ;-)
Hollywood would reasonably argue that the 'profitable' (most views) videos on YouTube are more likely to be the infringing ones, hence why YouTube is 'piracy' fueled.
Isn't the RIAA allowed to put 'signatures' of their music into YouTube's filters so it can find possibly infringing things if it matches? Seems like that could be done for video relatively easily. Maybe you don't even need the 'video' portion but just the audio portion?
Of course it begs the question if I just change the sampling or something else in the stream (like less than a frame per second that wouldn't be noticeable to humans) would that change it enough to once again bypass the filters.
Just like Mike usually makes the argument that blocking a site because it's current majority use is illegal isn't fair. It isn't fair to say you could never auto-filter user-generated content in the future when processing power catches up with the leveling off of input at some future date.
I'm not sure the last paragraph of your blog is really fair. Just because a company fails doesn't mean the IP is released into public domain does it?
With your laudable updates to the available information, this seems much like this guy actually did invent something novel and new and Mitsubishi shared that with other people and now he is suing as is his right.
That is what the patent system is for is it not? Sure he used famed patent troll people, but that doesn't make him a patent troll does it?
Joe operates an open Wifi network that Sally uses to pirate everything from.
Sally operates an open Wifi network that Joe uses to pirate everything from.
This summary of the ruling seems to absolve them of liability since someone else was doing the pirating.
To use the obligatory car reference, if Joe's car is seen at the scene of multiple bank robberies, he's going to be a very high priority suspect of the police. Obviously if Joe lent his car to Sally that would help in his establishment of an alibi. (I know criminal vs civil...just devils advocate here)
What seems to be a perfect way around the law above only encourages more draconian restrictions to be proposed by paid for politicians in the name of [piracy|terrorism|children|all 3] etc. Just like the use of encryption is encouraging the FBI to ask for back doors to almost everything.
If you're making the music it's not a copy, but you playing the same music so I would say no it's not a 'copy' or duplication.
Now if you're stripping the audio straight off the music and voicing over it, maybe, perhaps, but then again it's not a song but a video at least in this case so you aren't 'copying' the original but transforming it.
Filelocker sites. A new way to distribute files globally.
By claiming that file lockers are 'evil, bad and kill puppies' it makes it hard for people to decide to start up new technology that *could* be used to infringe.
Phones *could* be used for harassment, so we obviously should label phone companies as aiding and abetting harassment right?
Wanted to show my wife the original War Games movie. We have Netflix streaming. Hmmm, not available?
1 hr later it was downloaded via torrent.
I would gladly have gotten it through legal channels, but it simply isn't available in the most convenient matter. As a product producer, if you're answer is 'tough you get it how I want', you have failed in your job.
Re:
I hope they do overturn it. It will seriously bankrupt them. Because if Sony vs Betamax is overturned, VCRs and by extension, DVD players are 'illegal'.
And since Hollywood makes something like 50% of it's revenue from DVD sales...byebye revenue stream.
Re: About "consumer choice"...
"Any customer can have a car painted any color that he wants so long as it is black" - Henry Ford
Choice indeed ;-)
Re:
Kudos, *very* well done!
if you don't get it look here:
Telescreen
Re:
Even more stupid, I don't intend to watch tomorrow, I intend to watch today...I just start 10 minutes into the show so I can skip the commercials and still end up at the same place.
Yet according to them that would not be infringement because it's 'same day'. *headdesk*
As soon as timeshifting is legal, and it is, what I do with that timeshifted signal is up to me, it's 'mine' (not the copyright, but the use)
Re: Re: Re: Bu, bu, but . . . . Piracy!
Fair enough :)
Hollywood 'could' reasonable argue...
Re: Bu, bu, but . . . . Piracy!
Well to be fair, 500 TV channels pushing you content 24/7 is a LOT of material to upload ;-)
Hollywood would reasonably argue that the 'profitable' (most views) videos on YouTube are more likely to be the infringing ones, hence why YouTube is 'piracy' fueled.
Automating filtering
May or may not be prohibitive.
Isn't the RIAA allowed to put 'signatures' of their music into YouTube's filters so it can find possibly infringing things if it matches? Seems like that could be done for video relatively easily. Maybe you don't even need the 'video' portion but just the audio portion?
Of course it begs the question if I just change the sampling or something else in the stream (like less than a frame per second that wouldn't be noticeable to humans) would that change it enough to once again bypass the filters.
Just like Mike usually makes the argument that blocking a site because it's current majority use is illegal isn't fair. It isn't fair to say you could never auto-filter user-generated content in the future when processing power catches up with the leveling off of input at some future date.
Re: Re: Where is the patent lawsuit?
I'm not sure the last paragraph of your blog is really fair. Just because a company fails doesn't mean the IP is released into public domain does it?
With your laudable updates to the available information, this seems much like this guy actually did invent something novel and new and Mitsubishi shared that with other people and now he is suing as is his right.
That is what the patent system is for is it not? Sure he used famed patent troll people, but that doesn't make him a patent troll does it?
Re: Devils Advocate
Joe operates an open Wifi network that Sally uses to pirate everything from.
Sally operates an open Wifi network that Joe uses to pirate everything from.
This summary of the ruling seems to absolve them of liability since someone else was doing the pirating.
To use the obligatory car reference, if Joe's car is seen at the scene of multiple bank robberies, he's going to be a very high priority suspect of the police. Obviously if Joe lent his car to Sally that would help in his establishment of an alibi. (I know criminal vs civil...just devils advocate here)
What seems to be a perfect way around the law above only encourages more draconian restrictions to be proposed by paid for politicians in the name of [piracy|terrorism|children|all 3] etc. Just like the use of encryption is encouraging the FBI to ask for back doors to almost everything.
Re: Reproduction?
If you're making the music it's not a copy, but you playing the same music so I would say no it's not a 'copy' or duplication.
Now if you're stripping the audio straight off the music and voicing over it, maybe, perhaps, but then again it's not a song but a video at least in this case so you aren't 'copying' the original but transforming it.
Re: Re: Re:
either that or we need to see John McCain's birth certificate!!!! ;-)
Re: Re:
my question, is do they have to be 'consistent' in their prosecutions?
meaning if they don't prosecute this clearly intentional (willful) crime, doesn't that affect their ability to go after any other infringers?
Anybody know the specifics of this?
Re: Re:
I'm sure they were reel-to-reel episodes of M*A*S*H where they were showing reel-to-reel movies ;-)
Re:
Filelocker sites. A new way to distribute files globally.
By claiming that file lockers are 'evil, bad and kill puppies' it makes it hard for people to decide to start up new technology that *could* be used to infringe.
Phones *could* be used for harassment, so we obviously should label phone companies as aiding and abetting harassment right?
Re: Your quote is off slightly...
Exactly.
Wanted to show my wife the original War Games movie. We have Netflix streaming. Hmmm, not available?
1 hr later it was downloaded via torrent.
I would gladly have gotten it through legal channels, but it simply isn't available in the most convenient matter. As a product producer, if you're answer is 'tough you get it how I want', you have failed in your job.
"In any other industry..."
"In any other industry, a person making this type of statement could be sued for libel."
Why doesn't it apply here? Serious question, I'm legitimately confused...
Re: Re:
I would tend to agree the OP. It means nothing in reality, but it drives a perception that becomes reality for the general public.
If people are hacking the CIA and FBI, bills giving the CIA and FBI more power get cover from that.
Re: Why does it always go this way...
Shame they didn't compare the bills to SOPA. Comparing 4 individual bills is nice and all, but the public is simply not going to care.
Compare them to SOPA and they will go down in flames.
Re: Re:
The dealer has whatever hand they like...yours is the losing hand unfortunately.
Re: It has never been about keeping people safe.
The problem is we had a problem (9/11) and are trying to solve every single other problem as a result.
9/11 will never happen again due to 2 things.
1. Reinforced cockpit doors
2. Passengers beating the bloody tar out of anyone trying to get into cockpit.
We have flight #93 from 9/11 and the JetBlue captain being taken down as concrete examples of both points.