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sandman_1

join:2011-04-23
11111

reply to Sukunai

Re: [Newsgroups] Usenet volume decreasing ?

DMCA is USA law, which is what you hear about, DMCA take down requests, when an article is missing from someone like Giganews. The Safe habor Provision is in place for good reason to help protect entities that had nothing to do with the infringement but were just essentially a transporter of data, e.g. ISP's, Google and other search engines, other Networks. To say Giganews, Astraweb, and et al are the real infringers is incorrect because they didn't upload the data to their servers to begin with. That is like saying the phone company should be responsible for all crimes committed over its telephone system, which is ridiculous.

quote:
III.B.1. The Four Safe Harbors

In the DMCA, Congress provided a series of safe harbors for network service providers. The term “safe harbor” is a nautical metaphor, indicating a place where a ship will be safe from stormy weather. But as in the case of a ship, being outside a safe harbor does not mean that you are in danger. It just means that your safety is not assured. Each DMCA safe harbor substantially limits the liability for copyright infringement. Each is separate, and if you fall within any one, your liability is limited. And even if you don’t meet the requirements of one of the safe harbors, that is not an indication that you are infringing a copyright. Other defenses, such as fair use, still remain available.
The four safe harbors provided by Congress, in the following subsections of Section 512, {FN72: 17 U.S.C. §512} are:
(a) Transitory digital network communications
(b) System caching
(c) Information residing on systems or networks at the direction of users
(d) Information location tools
Each of these safe harbors represent a particular aspect of the normal operation of the Internet that Congress wanted to protect and promote, albeit with some limitations. Each has a set of particular conditions, all of which must be met to enjoy the protection of that safe harbor. You don’t get to pick and choose from the different safe harbors to create a new one. Each safe harbor addresses a different aspect of potential copyright liability, and meeting the conditions of any one is sufficient to receive protection for the acts included in that safe harbor, even if the same act would not meet the requirements of another safe harbor.
Just because a service provider does not qualify for any of the safe harbors does not mean that it might not have a defense to a charge of copyright infringement. Subsection (l) makes it clear that the safe harbors are not intended to list all defenses, nor is conduct outside the safe harbors an indication that the service provider must be infringing.
The failure of a service provider’s conduct to qualify for limitation of liability under this section shall not bear adversely upon the consideration of a defense by the service provider that the service provider’s conduct is not infringing under this title or any other defense. {FN73: 17 U.S.C. §512(l)}
Even though the DMCA became law in 1998, there have been very few court cases that interpret its language. Until there are more cases, the best guidance can be found in the congressional reports that accompanied its passage.

Using your logic, Google and other search systems, should be liable too and be shut down because they know for a fact that if you type in certain search items, it will lead to pirated or other illegal content. Basically what you are saying is, any form of communication needs to be shut down because it can be used to break the law.

Piracy is a reaction, IMO, to overly inflated market values and outmoded business practices.

Shutting the Internet down wouldn't stop piracy. People would find other forms of communication to get what they want just like they did before the Internet came into being.

ThreeGoobs

join:2011-12-04

reply to Sukunai
i use usenet mainly for music and audiobooks, not movies and shows, so netflix does not help me. I can get all the music i ever want as well as audiobooks (i commute about 2 hours a day) in minutes from usenet and load onto my smartphone in a jif.



Goober
Premium
join:2000-12-17
Naperville, IL
kudos:4

1 edit

reply to Sukunai

said by Sukunai:

said by elwoodblues:

said by Sukunai:

Astraweb, Giganews, to be honest I always get a laugh when on sites like theirs and they admonish people to not use the service for anything illegal.

It's strictly CYA, they can stand up in court and say they are not condoning illegal activities, and can't control what their users are up to.

Hasn't worked for others though. Didn't matter for Newzbin in the UK.
Hasn't worked for torrent sites. And all they do is tell you where Giganews and Astraweb need to go to in order to get them for us.

In my view, Giganews and Astraweb are actually the criminals, not the newsindexers and the torrent linkers. No Giganews, no file movement. No file movement, no crime.

Not that I really care, I am just indicating a viewpoint.

Nonsensical and stupid viewpoint. Sandman has it right.
--
Support the Occupy Wall Street movement--try to kill old people! »tinyurl.com/7b6ktmy


hi82

@comcast.net

reply to bluedyedvd

Re: [Newsgroups] Usenet volume decreasing ?

I think it has to do with certain providers getting shutdown. I guess since newsgroups are easier now, they decided to target it as well.

chiphead

join:2011-09-15
united state

reply to Sukunai

said by Sukunai:

I agonized over letting my dad's collection of railroad vhs tapes go, but one day I got the urge to go online, and see if the company had ever gotten around to re marketing them. Turns out they did.
But they will likely never appear on Netflix.

I can live with that. How many people do you really know, like watching videos of nothing but trains driving by though? Really like to, in other words will watch 2 solid hours of nothing but trains driving around? Me I like trains that much. But I have never met anyone else like me in that regards.

Which train dvds are you referring to? Do they have a website?


imtim83
Premium
join:2001-06-03
Kenner, LA

said by chiphead:

said by Sukunai:

I agonized over letting my dad's collection of railroad vhs tapes go, but one day I got the urge to go online, and see if the company had ever gotten around to re marketing them. Turns out they did.
But they will likely never appear on Netflix.

I can live with that. How many people do you really know, like watching videos of nothing but trains driving by though? Really like to, in other words will watch 2 solid hours of nothing but trains driving around? Me I like trains that much. But I have never met anyone else like me in that regards.

Which train dvds are you referring to? Do they have a website?

I am wondering the same thing. Like trains but not sure if I could watch them just go buy for 2 hours.
--
Sabotage is surely happening and I have the evidence to prove it. There is no way I would never notice. The sabotage does not surprise me. It is funny how it stands out so much. I am not stupid.

Sukunai
Premium
join:2008-05-07
Reviews:
·TekSavvy DSL

reply to bluedyedvd
The subject matter is like all subject matter, you get a variety of content.

Some is indeed just trains driving by and is often focused on restored locomotives.

Some stuff is more historical context and is not just trains driving past.

The model railroader will want to see the stuff in colour and for the reasons of making their models look better, whereas a history buff will find restored trains driving by all the time dull and uninformative.

I also like tanks, and can find watching tanks in operation at tank museums intersting, but tend to prefer watching actual ducumentaries of actual footage over more recent CGI'd all to hell pseudo history material.

But as I mentioned to Chip privately, Pentrex makes some very good quality material for the serious model railroader type. The content though is sufficiently obscure, that this sort of media is all but hopelessly impossible to find on free download options.

I buy lots of tins of dvds of a lot of stuff regularly for 10 bucks a set of dvds. Often 5 dvds in the set. Madacy is good at putting out stuff like that. 10 bucks for 5 dvds a good container and an info booklet easily out does downloading for free.


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