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	<title>Comments on: isoHunt and p2pnet: in the same boat</title>
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		<title>By: Halo</title>
		<link>http://www.p2pnet.net/story/16945/comment-page-1#comment-985910</link>
		<dc:creator>Halo</dc:creator>
		<pubDate>Tue, 06 Oct 2009 04:58:32 +0000</pubDate>
		<guid isPermaLink="false">http://www.p2pnet.net/story/16945#comment-985910</guid>
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	<item>
		<title>By: Free Thinker</title>
		<link>http://www.p2pnet.net/story/16945/comment-page-1#comment-771068</link>
		<dc:creator>Free Thinker</dc:creator>
		<pubDate>Wed, 10 Sep 2008 19:52:13 +0000</pubDate>
		<guid isPermaLink="false">http://www.p2pnet.net/story/16945#comment-771068</guid>
		<description>Thanks Reasonable Person. Your analogy and arguments were very good.

I guess that the get-out clause for isohunt and other torrent sites, are that they remove links to the infringing content when told about them. Thereby maintaining supporting there argument that they have substantial non-infringing uses. Not sure what will happen to The Pirate bay eventually unfortunately, as they openly want to stick it to Big Media. Even though their site is not currently illegal in Sweden, I wonder how long it will be until the American Corporate Government twists their arm into making it illegal? :(

Naturally, Big Media wants to crush isohunt and any other site like it regardless of other legitimate uses, because they want to maintain their old, outdated business model. This has been discussed to death on p2pnet and other sites, so no need to go over it again.</description>
		<content:encoded><![CDATA[<p>Thanks Reasonable Person. Your analogy and arguments were very good.</p>
<p>I guess that the get-out clause for isohunt and other torrent sites, are that they remove links to the infringing content when told about them. Thereby maintaining supporting there argument that they have substantial non-infringing uses. Not sure what will happen to The Pirate bay eventually unfortunately, as they openly want to stick it to Big Media. Even though their site is not currently illegal in Sweden, I wonder how long it will be until the American Corporate Government twists their arm into making it illegal? <img src='http://www.p2pnet.net/wp-includes/images/smilies/icon_sad.gif' alt=':(' class='wp-smiley' /> </p>
<p>Naturally, Big Media wants to crush isohunt and any other site like it regardless of other legitimate uses, because they want to maintain their old, outdated business model. This has been discussed to death on p2pnet and other sites, so no need to go over it again.</p>
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		<title>By: Reasonable Person</title>
		<link>http://www.p2pnet.net/story/16945/comment-page-1#comment-770443</link>
		<dc:creator>Reasonable Person</dc:creator>
		<pubDate>Wed, 10 Sep 2008 13:01:03 +0000</pubDate>
		<guid isPermaLink="false">http://www.p2pnet.net/story/16945#comment-770443</guid>
		<description>Free Thinker: I&#039;m not sure your analogy works. Murder is a far more serious crime. That seriousness is the reason one can be held responsible for a murder and most any death, even if the part played was without consent or even knowledge (degrees of murder, manslaughter, etc). Most feel this is reasonable seeing as a person (or persons) have paid with their life. Death, whether by design or by negligence, is a very serious thing and I don&#039;t think simple ideas such as copyright and defamation come anywhere close to that. I guess it all comes down to liability and whether or not it is reasonable for a third party to pay for a petty crime committed by another, especially in situations where that third party was acting in good faith. You also have to ask yourself, &#039;Where does it end?&#039;. A government can decide to make all kinds of laws which make it&#039;s citizens liable for just about everything under the sun, but should they? It is very easy to get carried away when it comes to determining liability and playing the blame game. We must not let emotion overrule our judgment and ability to reason logically.

My turn for an analogy. Say a total stranger steals your car and kills someone with it. Are you responsible? You would probably say no at this point. How about if you left the keys in the ignition? Does that make you more liable? How about if it was because you honestly forgot the keys in the ignition, something that normally never happens. How liable should you be then? Who gets to dictate how liable, how guilty YOU are? Should it be the family of the person killed? Some would say yes to that. When it comes to determining liability, things tend to become complicated very quickly. Some folks in the government don&#039;t want to even touch these matters and it is not hard to see why. Others barely skim the surface, wanting to create new laws haphazardly without actually understanding what the people want or what is at stake here. These are dangerous waters we&#039;re in and we must navigate them very carefully.</description>
		<content:encoded><![CDATA[<p>Free Thinker: I&#8217;m not sure your analogy works. Murder is a far more serious crime. That seriousness is the reason one can be held responsible for a murder and most any death, even if the part played was without consent or even knowledge (degrees of murder, manslaughter, etc). Most feel this is reasonable seeing as a person (or persons) have paid with their life. Death, whether by design or by negligence, is a very serious thing and I don&#8217;t think simple ideas such as copyright and defamation come anywhere close to that. I guess it all comes down to liability and whether or not it is reasonable for a third party to pay for a petty crime committed by another, especially in situations where that third party was acting in good faith. You also have to ask yourself, &#8216;Where does it end?&#8217;. A government can decide to make all kinds of laws which make it&#8217;s citizens liable for just about everything under the sun, but should they? It is very easy to get carried away when it comes to determining liability and playing the blame game. We must not let emotion overrule our judgment and ability to reason logically.</p>
<p>My turn for an analogy. Say a total stranger steals your car and kills someone with it. Are you responsible? You would probably say no at this point. How about if you left the keys in the ignition? Does that make you more liable? How about if it was because you honestly forgot the keys in the ignition, something that normally never happens. How liable should you be then? Who gets to dictate how liable, how guilty YOU are? Should it be the family of the person killed? Some would say yes to that. When it comes to determining liability, things tend to become complicated very quickly. Some folks in the government don&#8217;t want to even touch these matters and it is not hard to see why. Others barely skim the surface, wanting to create new laws haphazardly without actually understanding what the people want or what is at stake here. These are dangerous waters we&#8217;re in and we must navigate them very carefully.</p>
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		<title>By: Jon</title>
		<link>http://www.p2pnet.net/story/16945/comment-page-1#comment-770281</link>
		<dc:creator>Jon</dc:creator>
		<pubDate>Wed, 10 Sep 2008 11:24:38 +0000</pubDate>
		<guid isPermaLink="false">http://www.p2pnet.net/story/16945#comment-770281</guid>
		<description>@ &quot;Does this mean that Hemming has dropped her suit over P2Pnet’s anonymous user comments?&quot;

No. That&#039;s still active. For anyone who doesn&#039;t know what this refers to, http://news.bbc.co.uk/2/hi/technology/5230776.stm

Cheers!</description>
		<content:encoded><![CDATA[<p>@ &#8220;Does this mean that Hemming has dropped her suit over P2Pnet’s anonymous user comments?&#8221;</p>
<p>No. That&#8217;s still active. For anyone who doesn&#8217;t know what this refers to, <a href="http://news.bbc.co.uk/2/hi/technology/5230776.stm" rel="nofollow">http://news.bbc.co.uk/2/hi/technology/5230776.stm</a></p>
<p>Cheers!</p>
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		<title>By: Reader's Write</title>
		<link>http://www.p2pnet.net/story/16945/comment-page-1#comment-769519</link>
		<dc:creator>Reader's Write</dc:creator>
		<pubDate>Wed, 10 Sep 2008 03:53:18 +0000</pubDate>
		<guid isPermaLink="false">http://www.p2pnet.net/story/16945#comment-769519</guid>
		<description>Another legal theory the alphabet orgs would love to see established and would give their eye teeth for. Third party infringement liability. If I lay a book on a coffee table, walk out of the room, you come along, pick it up, leaf through it or read it, are we both liable for infringement? If so, there are tons of waiting rooms in doctors&#039; offices that are in dire peril from magazines and third party infringement. 

I don&#039;t see a lot of difference here between the links on the net for torrents and the magazines, other than moneyed influences and self-interest. You figure if the magazines were rolling in dough, they would try the same?</description>
		<content:encoded><![CDATA[<p>Another legal theory the alphabet orgs would love to see established and would give their eye teeth for. Third party infringement liability. If I lay a book on a coffee table, walk out of the room, you come along, pick it up, leaf through it or read it, are we both liable for infringement? If so, there are tons of waiting rooms in doctors&#8217; offices that are in dire peril from magazines and third party infringement. </p>
<p>I don&#8217;t see a lot of difference here between the links on the net for torrents and the magazines, other than moneyed influences and self-interest. You figure if the magazines were rolling in dough, they would try the same?</p>
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	<item>
		<title>By: Free Thinker</title>
		<link>http://www.p2pnet.net/story/16945/comment-page-1#comment-769227</link>
		<dc:creator>Free Thinker</dc:creator>
		<pubDate>Wed, 10 Sep 2008 01:16:16 +0000</pubDate>
		<guid isPermaLink="false">http://www.p2pnet.net/story/16945#comment-769227</guid>
		<description>Jon, couldn&#039;t it be argued that linking is the same as aiding and abetting an illegal act?

One could make an analogy with giving someone the key to a safe, so that the other person can grab the gun and commit murder. In this case, both are guilty. Why is this different?

For all our sakes, I&#039;d love to be wrong on this one - and hopefully I am. :)</description>
		<content:encoded><![CDATA[<p>Jon, couldn&#8217;t it be argued that linking is the same as aiding and abetting an illegal act?</p>
<p>One could make an analogy with giving someone the key to a safe, so that the other person can grab the gun and commit murder. In this case, both are guilty. Why is this different?</p>
<p>For all our sakes, I&#8217;d love to be wrong on this one &#8211; and hopefully I am. <img src='http://www.p2pnet.net/wp-includes/images/smilies/icon_smile.gif' alt=':)' class='wp-smiley' /> </p>
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		<title>By: Reader's Write</title>
		<link>http://www.p2pnet.net/story/16945/comment-page-1#comment-769104</link>
		<dc:creator>Reader's Write</dc:creator>
		<pubDate>Wed, 10 Sep 2008 00:24:37 +0000</pubDate>
		<guid isPermaLink="false">http://www.p2pnet.net/story/16945#comment-769104</guid>
		<description>Well actually I don&#039;t classify .torrent files as links. They only provide the address of the tracker. In no way does it provide a link to a guaranteed full copy of a copyright work. It&#039;s a ludicrous supposition to hold anyone other than the host as responsible; not that I even agree with copyright and patent laws, but that&#039;s a different story.</description>
		<content:encoded><![CDATA[<p>Well actually I don&#8217;t classify .torrent files as links. They only provide the address of the tracker. In no way does it provide a link to a guaranteed full copy of a copyright work. It&#8217;s a ludicrous supposition to hold anyone other than the host as responsible; not that I even agree with copyright and patent laws, but that&#8217;s a different story.</p>
]]></content:encoded>
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		<title>By: Reader's Write</title>
		<link>http://www.p2pnet.net/story/16945/comment-page-1#comment-769039</link>
		<dc:creator>Reader's Write</dc:creator>
		<pubDate>Tue, 09 Sep 2008 23:51:55 +0000</pubDate>
		<guid isPermaLink="false">http://www.p2pnet.net/story/16945#comment-769039</guid>
		<description>&quot;I’m being sued by only one person, Vancouver businessman Wayne Crookes&quot;

Does this mean that Hemming has dropped her suit over P2Pnet&#039;s anonymous user comments?</description>
		<content:encoded><![CDATA[<p>&#8220;I’m being sued by only one person, Vancouver businessman Wayne Crookes&#8221;</p>
<p>Does this mean that Hemming has dropped her suit over P2Pnet&#8217;s anonymous user comments?</p>
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	<item>
		<title>By: Reader's Write</title>
		<link>http://www.p2pnet.net/story/16945/comment-page-1#comment-768937</link>
		<dc:creator>Reader's Write</dc:creator>
		<pubDate>Tue, 09 Sep 2008 23:14:00 +0000</pubDate>
		<guid isPermaLink="false">http://www.p2pnet.net/story/16945#comment-768937</guid>
		<description>It&#039;s not just that. Torrents don&#039;t have a single donor. They are seeded with bits and pieces from all over from lots of different contributors within the torrent stream. So which one infringed? How much did they infringe? Was it small enough to be considered fair use? There is not one single contributor in most of these but multiple users. It has often been referred to in US courts that the one complaining has to show, the file was downloaded (meaning transfer took place) as well as financial damage amounts. Something the alphabet orgs have been playing fast and loose with, by using statutory damages instead. 

Notice what seems to be the undercurrent theme here. The idea &quot;we don&#039;t want to put in the effort to police sites for infringement&quot;. They want you to do that, each and every site owner. So DMCA has a barb in it they would rather not deal with. A commonly sought scheme each and every time they start making legal theories. 

However, none of the major labels have made it easy to identify any of their &quot;owned works&quot;. They have immensely complicated the issue by making labels for the star artists when they reach a certain point of recognition or sales. They don&#039;t generally make that info public. So you never know what label owns what, if it is connected to a major label, and is often hard to tell if it is even under copyright in the sense there is no info on it. The majors have gone to great lengths to remove the identifications for many reasons. Acknowledgment of funding and possibilities of owing artists are some of the reasons. If an artist can&#039;t come up with the data, then it is far harder to make a claim. If total income can&#039;t be verified in some manner, no one can counter argue that business is other than the labels claim. All this vagueness now bites them on the butt, as no one but them can properly identify which items belongs to them and which does not. Even the Magnetic site that attempts to identify what is owned property by the majors has problems with this. 

If it is that hard to identify what is owned property, by whom, for whom, how can any run of the mill citizen with an on-line site be able to do so? Saying you ought to know, doesn&#039;t identify which is which nor make the job any easier. Being as this is the case, only the labels themselves know this info and they are not parting with that info up front unless by complaint to isolated individuals, whom do not collectively share all info, the average site owner has no clue to what is owned by whom and no way to identify them. This leaves it right back to the labels themselves having to do that job, no matter how much they might hate the idea of paying someone to do that.</description>
		<content:encoded><![CDATA[<p>It&#8217;s not just that. Torrents don&#8217;t have a single donor. They are seeded with bits and pieces from all over from lots of different contributors within the torrent stream. So which one infringed? How much did they infringe? Was it small enough to be considered fair use? There is not one single contributor in most of these but multiple users. It has often been referred to in US courts that the one complaining has to show, the file was downloaded (meaning transfer took place) as well as financial damage amounts. Something the alphabet orgs have been playing fast and loose with, by using statutory damages instead. </p>
<p>Notice what seems to be the undercurrent theme here. The idea &#8220;we don&#8217;t want to put in the effort to police sites for infringement&#8221;. They want you to do that, each and every site owner. So DMCA has a barb in it they would rather not deal with. A commonly sought scheme each and every time they start making legal theories. </p>
<p>However, none of the major labels have made it easy to identify any of their &#8220;owned works&#8221;. They have immensely complicated the issue by making labels for the star artists when they reach a certain point of recognition or sales. They don&#8217;t generally make that info public. So you never know what label owns what, if it is connected to a major label, and is often hard to tell if it is even under copyright in the sense there is no info on it. The majors have gone to great lengths to remove the identifications for many reasons. Acknowledgment of funding and possibilities of owing artists are some of the reasons. If an artist can&#8217;t come up with the data, then it is far harder to make a claim. If total income can&#8217;t be verified in some manner, no one can counter argue that business is other than the labels claim. All this vagueness now bites them on the butt, as no one but them can properly identify which items belongs to them and which does not. Even the Magnetic site that attempts to identify what is owned property by the majors has problems with this. </p>
<p>If it is that hard to identify what is owned property, by whom, for whom, how can any run of the mill citizen with an on-line site be able to do so? Saying you ought to know, doesn&#8217;t identify which is which nor make the job any easier. Being as this is the case, only the labels themselves know this info and they are not parting with that info up front unless by complaint to isolated individuals, whom do not collectively share all info, the average site owner has no clue to what is owned by whom and no way to identify them. This leaves it right back to the labels themselves having to do that job, no matter how much they might hate the idea of paying someone to do that.</p>
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		<title>By: Spike</title>
		<link>http://www.p2pnet.net/story/16945/comment-page-1#comment-768847</link>
		<dc:creator>Spike</dc:creator>
		<pubDate>Tue, 09 Sep 2008 22:22:24 +0000</pubDate>
		<guid isPermaLink="false">http://www.p2pnet.net/story/16945#comment-768847</guid>
		<description>That&#039;s what I&#039;ve always wondered. Of all those people in the UK getting sued for sharing some crappy video game, and if all they uploaded were little useless pieces to be caught, does this make them automatically liable? This especially goes for the fact that your IP just has to be in the tracker&#039;s pool for that specific torrent for them to identify it. This would also mean that people who never even finished the torrent can be held liable.</description>
		<content:encoded><![CDATA[<p>That&#8217;s what I&#8217;ve always wondered. Of all those people in the UK getting sued for sharing some crappy video game, and if all they uploaded were little useless pieces to be caught, does this make them automatically liable? This especially goes for the fact that your IP just has to be in the tracker&#8217;s pool for that specific torrent for them to identify it. This would also mean that people who never even finished the torrent can be held liable.</p>
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	<item>
		<title>By: Reader's Write</title>
		<link>http://www.p2pnet.net/story/16945/comment-page-1#comment-768623</link>
		<dc:creator>Reader's Write</dc:creator>
		<pubDate>Tue, 09 Sep 2008 20:31:35 +0000</pubDate>
		<guid isPermaLink="false">http://www.p2pnet.net/story/16945#comment-768623</guid>
		<description>&quot;None of the pieces of files exchanged over BitTorrent pass through our servers, they are exchanged over external P2P networks. We serve cached .torrent links to such files on P2P networks. Some of these files maybe copyright infringing, some aren’t.&quot;

By &#039;these files&#039;, hopefully Gary refers back to the file parts exchanced over BT.
Interesting to know if it is even possible to copyright metadata / computer generated data like torrents, pars, hashes ect.</description>
		<content:encoded><![CDATA[<p>&#8220;None of the pieces of files exchanged over BitTorrent pass through our servers, they are exchanged over external P2P networks. We serve cached .torrent links to such files on P2P networks. Some of these files maybe copyright infringing, some aren’t.&#8221;</p>
<p>By &#8216;these files&#8217;, hopefully Gary refers back to the file parts exchanced over BT.<br />
Interesting to know if it is even possible to copyright metadata / computer generated data like torrents, pars, hashes ect.</p>
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