Yes it is a bullshit argument, but that doesn't change the fact it's a valid legal one.
They may have known that there was illegal stuff being linked to on their site, but you can't prove they actually had such knowledge. Sure you might be able to prove they could have known given a little work, but that doesn't prove they did know.
And existence on their site alone site doesn't prove knowledge.
Limitation for System Caching Section 512(b) limits the liability of service providers for the practice of retaining copies, for a limited time, of material that has been made available online by a person other than the provider, and then transmitted to a subscriber at his or her direction. The service provider retains the material so that subsequent requests for the same material can be fulfilled by transmitting the retained copy, rather than retrieving the material from the original source on the network.
It it doesn't take more then 5 seconds to find something illegal on google. Warez
And you should say 'well I had no idea that was actually a movie'. You'd say 'I didn't have the time or money to download that file and check to see what it really was'. No more than google has the time or money to check all of it's sites. And it has a lot more of both!
Hmm I was not aware of that.
If they had moderators that were acting on the behalf of suprnova to check the torrents for quality and material they would have a big problem.
Because then the lawyers for MPAA or whomever can claim they no only knew what material was being posted and reviewed it, but had the means to screen out copyrighted material.
It's the whole, if you do it at all you better do it perfectly.
Suprnova can claim that it didn't have the time to download every torrent file that was posted and check the material for copyright violations. Which they obviously didn't because of the sheer number of torrents.
No more then google can check every website for infringing material.
The fact that there was a wide verity of torrents, including many legal ones really helps their case. Linux distros for example.
It's not an open and shut case but a good lawyer should be able to keep them safe.
Because on the most basic level they were a search engine; one that happened to specialize in torrents, and is no different then if you went to google and search for torrents.
It's doubtful because Napster took an active roll in the trading of protected property, just like the people that run trackers. Suprnova had no part in the trading and had no copyrighted information on it's site.
Even better for suprnova is that it didn't even personally chose the torrents it hosted. They were all culled by bot or by user submissions and the wide range of torrents show that they had no preference to host torrents of copyrighted material.
So as long as they complied with any take down orders they got they should be protected from any legal action.
I don't know the facts about finish rights, but under german right suprnova could have been shut down.
That's kind of funny, because under American law (yes the dreaded DMCA) suprnova was safe from lawsuits because it just acted like google as a clearing house for information and didn't actually run the trackers with infringing material.
You do relize that the sun is REALLY far away don't you?
And
"So even if everything is bad for you, it's more than balanced out by the things that are good."
Is a terriable rationalization, or maybe we should go back to using asbestoses and lead paint?
Given his powers by a freak mutation caused by talking on his cell phone to much.
With his DNA forever changed he took on the new identity of Cell phone man! Vowing to save the world from the dangers of cell phones and to make sure everyone can always 'hear him now'.
This had very little to do with wardriving other then the fact that is how they found the network.
Instead this has to do with them trying to defraud a company.
I think you are simultaneously underestimating the police and far overestimating your average criminal.
Think of this way, your average criminal is dumber then your average citizen... and your average citizen has spyware up the wazoo and doesn't even know it. I think the police can easly craft a spying program that will go unnoticed, maybe not by a slashdot reader, but your average criminal.
Holy crap I've done 10, 6, 5, and 4.
I feel sad for myself now:(
Re:URL is same, with ?complete=1?
on
Google Suggest
·
· Score: 1
Yah it is going in the front door, that's why it's so intensive.
It's basically doing a google search every time you type in a single letter.
That's bound to heat up their servers.
Re:Is it any coincidence
on
Google Suggest
·
· Score: 2, Funny
did it ever occure to you that it is possible that she has so many results there because she is a beautiful,
clever, smart, and funny girl?
Why do they need violence? They could just fire everyone that joins a union or even that talks about a union.
Then they could have all their other robber baron friends black ball that person and they would never be able to find a job.
The above AC is right you know.
The very term communist state or communist government is an oxymoron since communism in it's ideal vision has neither of these.
Communism is a utopian version of anarchy where everyone works together for the benefit of everyone else with NO head body.
The internet is communist. Soviet Russia and China were socialist.
Slashdot Mirror
Yes it is a bullshit argument, but that doesn't change the fact it's a valid legal one.
They may have known that there was illegal stuff being linked to on their site, but you can't prove they actually had such knowledge. Sure you might be able to prove they could have known given a little work, but that doesn't prove they did know.
And existence on their site alone site doesn't prove knowledge.
Though it's easy to see why given how the word is pronounced.
Limitation for System Caching
Section 512(b) limits the liability of service providers for the practice of
retaining copies, for a limited time, of material that has been made available online by
a person other than the provider, and then transmitted to a subscriber at his or her
direction. The service provider retains the material so that subsequent requests for the
same material can be fulfilled by transmitting the retained copy, rather than retrieving
the material from the original source on the network.
It it doesn't take more then 5 seconds to find something illegal on google.
Warez
And you should say 'well I had no idea that was actually a movie'. You'd say 'I didn't have the time or money to download that file and check to see what it really was'. No more than google has the time or money to check all of it's sites. And it has a lot more of both!
Hmm I was not aware of that.
If they had moderators that were acting on the behalf of suprnova to check the torrents for quality and material they would have a big problem.
Because then the lawyers for MPAA or whomever can claim they no only knew what material was being posted and reviewed it, but had the means to screen out copyrighted material.
It's the whole, if you do it at all you better do it perfectly.
Suprnova can claim that it didn't have the time to download every torrent file that was posted and check the material for copyright violations. Which they obviously didn't because of the sheer number of torrents.
No more then google can check every website for infringing material.
The fact that there was a wide verity of torrents, including many legal ones really helps their case. Linux distros for example.
It's not an open and shut case but a good lawyer should be able to keep them safe.
Because on the most basic level they were a search engine; one that happened to specialize in torrents, and is no different then if you went to google and search for torrents.
It's doubtful because Napster took an active roll in the trading of protected property, just like the people that run trackers. Suprnova had no part in the trading and had no copyrighted information on it's site.
Even better for suprnova is that it didn't even personally chose the torrents it hosted. They were all culled by bot or by user submissions and the wide range of torrents show that they had no preference to host torrents of copyrighted material.
So as long as they complied with any take down orders they got they should be protected from any legal action.
LMAO if I hadn't already posted I'd mod you +1 funny :)
That's more of hypocrisy than irony.
I sware, no one really knows what irony means.
You do relize that the sun is REALLY far away don't you?
And
"So even if everything is bad for you, it's more than balanced out by the things that are good."
Is a terriable rationalization, or maybe we should go back to using asbestoses and lead paint?
Given his powers by a freak mutation caused by talking on his cell phone to much.
With his DNA forever changed he took on the new identity of Cell phone man! Vowing to save the world from the dangers of cell phones and to make sure everyone can always 'hear him now'.
I work for the DOJ and I can tell you a surprisingly large number of agents are assigned to this.
They are assigned to innocent images
Actually science already knows what our purpose as humans is, and that is to breed.
Not much mystry there.
This had very little to do with wardriving other then the fact that is how they found the network.
Instead this has to do with them trying to defraud a company.
Personally I can't wait to patent the 'bubble sort' algorithm, then sue all the first year computer science majors for patent infringement :D
I think you are simultaneously underestimating the police and far overestimating your average criminal.
Think of this way, your average criminal is dumber then your average citizen... and your average citizen has spyware up the wazoo and doesn't even know it. I think the police can easly craft a spying program that will go unnoticed, maybe not by a slashdot reader, but your average criminal.
Holy crap I've done 10, 6, 5, and 4. :(
I feel sad for myself now
Yah it is going in the front door, that's why it's so intensive.
It's basically doing a google search every time you type in a single letter.
That's bound to heat up their servers.
It's a good thing they haven't found out they can down load tv shows and movies as well.
Why do they need violence? They could just fire everyone that joins a union or even that talks about a union.
Then they could have all their other robber baron friends black ball that person and they would never be able to find a job.
The above AC is right you know.
The very term communist state or communist government is an oxymoron since communism in it's ideal vision has neither of these.
Communism is a utopian version of anarchy where everyone works together for the benefit of everyone else with NO head body.
The internet is communist. Soviet Russia and China were socialist.