| reply to Yowzaaah
Re: Is it really copyright infringement? said by Yowzaaah:
It would take a court case to argue it, but if I'm not mistaken, doesn't BT push and pull non-contiguous bits and pieces from individuals? In the end "I" actually transferred nothing even identifiable as the work in question but a few snippets.
Just some random musings.
I've always speculated precisely the same.
If you haven't xmitted only but a few small non-contiguous bytes of a "work", then how could it be infringement.
Likewise under the same premise, I don't see how anyone could prove you actually possess or are offering the entire work, since they would only get a few pieces (which by themselves as a group are meaningless) from you, and the rest would come from other users in the same fashion.
Unless they could actually rebuild an entire work solely from one user, I just can't see it.
I think it's similar to the way most rap music productions loop a short sample from a previously existing work to create their base "melody".
Sure, often they pay royalties to the creator, but that is ONLY if they use more than (if memory serves me) 2 contiguous bars of the original work, and then loop that.
Less than 2 bars looped, no royalties need be paid at all.
I believe one day, this type of argument will be held up in court regarding this type of p2p.
I felt this was the case way back when eDonkey 1st hit the scene, since it worked on the "piece from here", "piece from there" principle. |
