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CommentFriday, April 6, 2007

Is Linking To Pirated Content A Liability?

5 Comments

AllSP is illegal

There is no doubt that AllSP will lose if taken to court. Especially in the UK which doesn't even have safe harbour laws to protect.

AllSP's comparison to Google is far fetched. Google has a legitimate purpose and if it links to infringing content and is informed by the copyright holder via a DMCA takedown notice it will take them down. You can see them on the CHilling Effects website.

That's not to say the law is a grey area and can't be challenged. But a site like AllSP does not stand a chance at fighting it. That's why when QuickSilverScreen (a site like AllSP) was challenged the EFF would not help it and said it is probably illegal.

More here:
http://www.webtvwire.com/linking-to-infringing-content-is-probably-illeg...

"Kyle: He beat us. Because

"Kyle: He beat us. Because all this time we've been so caught up with how to protect our music that we forgot to just play.
Lars: But why play if we're not gonna make millions of dollars.
Kyle: [turns around and addresses the crowd] Because that's what real artists do. People are always gonna find a way to copy our music and swap it for free. If we're real musicians, then we should just play and be stoked that so many people are listening.
Stan: [joins Kyle and faces the crowd] Beside, maybe our sound would have gotten downloaded for free, but if they were good songs then people still would have bought tickets to see our band in concert. [shots of Rick James, Ozzy, Britney and two other acts.]
Kyle: From now on, MOOP isn't about money. MOOP is about music! We're not striking anymore! Who's with us?! [grins, but gets no response]
Britney:...We're just about the money."

I quote here from the episode called Christian Rock Hard, and I quote not only because it's funny as hell, but also because it makes a lot of sense.

From what I understand, the creators of South Park do not have a problem with their show being downloaded. Maybe not from a legal standpoint, but surely from a moral standpoint they are the people to listen to.

When I hear of copyright laws, it reminds of children in school who refuse to share. All the people who watch the show online want to do is watch the show.

Bootleg content

This is the same as selling bootleg DVDs. If your friend has a bootlegged DVD and you sell it to someone else, and you had no part in the actual "Bootlegging" of the DVD, you're still liable for trafficking, even if you only SUSPECTED that the DVD was illegal. If you're not sure that the SouthPark videos (or whatever else) are "legal" posts, as a reseller/reposter, it's your responsibility to find out. Ignorance of the law is no excuse. It's the same as selling stolen goods, even if you didn't actually steal them. That's why pawn shops are required by law to take certain steps to insure that they are not receiving/reselling stolen goods. Why is this so hard to understand? Because...crime through the internet, for whatever reason, is always glossed over in favor of the advertiser or the entity who stands to make the fortune.

Selling bootlegged DVDs?

Selling bootlegged DVDs? Allsp.com isn't selling a thing. It is a free service. When you sell a bootlegged DVD you hand over the actual file. Allsp.com does host these files so in turn Allsp.com doesn't give or sell the show.

Viacom vs you ...tube

I invite you to send the following message to Viacom press@viacom.com and to convince friends to do the same:

http://www.toniyoo.com/viacom.html

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