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TOPDAWG
Premium
join:2005-04-27
Calgary, AB
kudos:3
reply to muranternet

Re: [News] Funny thing I saw today, figured it might be relevant

interesting he got sued and lost for running an indexer. I had no idea anyone was sued about that yet. Was he also doing other stuff too? So it seems all the indexers can be shut down pretty easy with a law suit.

Badonkadonk
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Naperville, IL
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Reviews:
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said by TOPDAWG:

So it seems all the indexers can be shut down pretty easy with a law suit.

At the end of the day, it's simple contributory infringement. There aren't really any complex legal arguments needed. If Person A helps Person B infringe a copyright, then Person A is contributorily infringing.
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How nice. This country is being run by a broken record repeating the same two words over and over. Cretin.


hitachi369
Embrace Your Rights
Premium
join:2001-10-03
Grand Rapids, MI
kudos:4
said by Badonkadonk:

said by TOPDAWG:

So it seems all the indexers can be shut down pretty easy with a law suit.

At the end of the day, it's simple contributory infringement. There aren't really any complex legal arguments needed. If Person A helps Person B infringe a copyright, then Person A is contributorily infringing.

Then one could argue that Google is just as guilty...
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Badonkadonk
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Naperville, IL
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No. But there's no point in going through all of that again--it's been rehashed a gazillion times here.

Feel free to google "substantial non-infringing use".
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How nice. This country is being run by a broken record repeating the same two words over and over. Cretin.


hitachi369
Embrace Your Rights
Premium
join:2001-10-03
Grand Rapids, MI
kudos:4
Would you consider Usenet as a whole to have "substantial non-infringing use".

Badonkadonk
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Naperville, IL
kudos:5
Reviews:
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I certainly would have a number of years ago because of all the text groups and technical discussion and whatnot. But I know that I see a lot more forums and the like and I haven't been on a text group in a long time to see whether those are still active. If they are active to this day, then I still think that way.
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How nice. This country is being run by a broken record repeating the same two words over and over. Cretin.


TOPDAWG
Premium
join:2005-04-27
Calgary, AB
kudos:3

1 recommendation

reply to hitachi369
it's not usenet we talking about. we're talking about the indexing sites that list nothing but copyrighted stuff. Them and google are so not even close to being the same thing.


hitachi369
Embrace Your Rights
Premium
join:2001-10-03
Grand Rapids, MI
kudos:4
reply to Badonkadonk
So if they were to index all of the posts, including the technical group texts posts on Usenet, sort of like Newzbin2's raw search it potentially could meet "substantial non-infringing use"?

Badonkadonk
Premium
join:2000-12-17
Naperville, IL
kudos:5
Reviews:
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You could make a heck of a better legal argument for sure.

I'm just wondering whether the xxAAs are getting so strong that they're simply able to win their case by showing ANY entertainment being included. And then the other issue is, say you run one of these indexing sites, you would have to comply with the take down notices. So, in the end, you'd be left with mostly discussion groups.

But I would think that a binsearch type of service may survive a legal challenge, just like I think a Newzbin raw search would. That being said, if you allow or automate a substantially higher amount of music/movie/TV searches than say PC talk, Engineering talk, Physics talk, then I think the courts would say that it's a sham.

In other words, you better be very much like Google in terms of neutrality of search tools. I'd imagine if Google ever made a "Warez Search" like they have for "Image Search", we'd be hearing about it in the news.
--
How nice. This country is being run by a broken record repeating the same two words over and over. Cretin.