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globus9991

join:2004-11-14
Argelia
reply to JMJimmy

Re: CIPPIC is watching DSLReports

said by JMJimmy:

Claiming infringement based on garbage, but not only that GuardaLey Observer doesn't actually download anything. It just collects IPs from the swarm and records that it received chunks even if no chunks were sent. See the independent review of the software (»www.scribd.com/doc/62983561/Ipoque-Rev)

Yes, but don't forget that Canipre's affidavit specifically states that they did download indeed the movies. The question is, how much and which chunks from which IP.

said by JMJimmy:

Edit: Re: Fair use... you can still upload 100% and have it be used for fair use. Lets say John Doe teacher wants to use a clip from a film, they download it from me, cut out the clip they need, use it and delete the rest.

Not sure about that, does not sound right, but I could be mistaken.

JMJimmy

join:2008-07-23
Reviews:
·TekSavvy DSL
said by globus9991:

said by JMJimmy:

Edit: Re: Fair use... you can still upload 100% and have it be used for fair use. Lets say John Doe teacher wants to use a clip from a film, they download it from me, cut out the clip they need, use it and delete the rest.

Not sure about that, does not sound right, but I could be mistaken.

I'm not 100% on this one either, fair use is always tricky. However, if this were not the case, how else would someone like an educator get the clip without a) purchasing the film b) breaking the digital lock rules on a rental/library copy.

bt

join:2009-02-26
canada
kudos:1
Pretty sure fair use applies to however they use it (ie: distribution to a class), and wouldn't cover any acts on the part of the source they got it from.

So in the case of your example, the teacher would be fine but your action would still be copyright infringement. I think.

JMJimmy

join:2008-07-23
Reviews:
·TekSavvy DSL
Normally I would agree, but Muzak supra applies. Using a piece of equipment (P2P Client) which is capable of infringement doesn't mean I expressly authorize the infringement. If I were to email Joe teacher a link to my file and say "here download it" that's express authorization of infringement. Being part of a swarm is a passive behaviour.