Darth Sidious
3rd Level Green Feather
- Joined
- Dec 30, 2007
- Messages
- 4,740
- Points
- 38
I think it was probably a combination of factors and regardless of that, I for one am happy it is so.
I think it was probably a combination of factors and regardless of that, I for one am happy it is so.
On the other hand purchasing a video and posting it to a personal website is not copyright infringement so long as one doesn't offer it for sale or for download.
False beyond debate! Intellectual property rights law clearly defines personal use to not allow public display, even if you're not selling it.
I think the problem in this forum is that people often express what they think is fair rather than actually experiencing and knowing what the law is.
If it is not copyright infringement to purchase a movie and then post it on a personal website, then do it and send a friend at the FBI a link so he can watch it on your personal site for free too. But post the short version and pack light. Because when they knock on the door for 'human takeout', you won't have much time to pack.
JD
PS: I just can't believe that people still think this is how the world works. A-frakkin-mazing!!!
Incorrect. My cousin is a copyright lawyer who has actually argued these cases in court and won. FBI won't show up. They don't really care so long as you do not post it for download. Its all a matter of intent.
This is true if you are buying the clip. But almost every producers TOA state that you are NOT buying a clip, you are buying the right to VIEW a clip, and they supply one to you as a courtesy to aid in your viewing. You have not bought the right to share or publicly display the clip, as you don't own it. It's in indefinite loan to you. Posting it is an infringement on the owners copyright, and use.
Myriads
BANG! Nailed it, Myriads, as did JD. Of course, those who are probably guilty of illegal downloading/sharing will still argue the fact, because they *need* to be right.
That need doesn't change the facts, however.
This is true if you are buying the clip. But almost every producers TOA state that you are NOT buying a clip, you are buying the right to VIEW a clip, and they supply one to you as a courtesy to aid in your viewing. You have not bought the right to share or publicly display the clip, as you don't own it. It's in indefinite loan to you. Posting it is an infringement on the owners copyright, and use.
Myriads
Be very careful with this, guys. I mean that in the nicest and most respectful way possible. If your TOS indicates you are loaning a digital good to an end user in perpetuity, you still maintain ownership of that digital copy. Sounds great to protect your IP, but there are downside risks. Some states statutorily treat digital goods as tangible personal property (hai thar, Washington...), with many others arriving to the same conclusion judicially or through the use of regulation or state TAM equivalents. By holding tangible personal property in various states, you may have opened up your business to both direct/indirect nexus in every state in which you have a customer.
And I don't even want to get into the international ramifications.
But of course, anyone with a business model like this is already filing income tax returns and sales/use tax returns in roughly 45 states, right? Or at least has obtained sufficient tax/legal counsel to assuage such risks.
Of course, I have nohat I'm talking about and have no professional experience in this area whatsoever. Carry on...
I wouldn't argue with him, producers. Dude's tickled over 300 women. Man knows what he's talking about...
Hahaha! Seriously, I wish I could sup a pint of ale or two with you!