[pp.int.general] Pirate Bay

[Nicolas Sahlqvist]

Reinier:

I am not sure if a torrent file that is hosted on the servers of TPB
could be seen as a hyperlink and the sentenced was based on intent,
"They find it clear that the intention of the defendants is to
facilitate sharing of copyrighted works and based their verdict on
this":

http://torrentfreak.com/the-pirate-bay-trial-the-verdict-090417/


- Nicolas


On Mon, Apr 20, 2009 at 6:12 PM, Reinier Bakels <r.bakels at planet.nl> wrote:
>> Reinier,
>> What would be the purpose, and desirable result that you want to get
>> through this letter? Perhaps attacking such a minuscule issue with a
>> strongly-worded letter would be overtly excessive.
>> My thoughts on the issue, it seems, is the application of the phrase
>> "illegal downloading." It stems from copyright infringement on a smaller
>> scale, within the purview of civil litigation or courts. Copyright
>> infringement is illegal; this applies for most jurisdictions and
>> countries. When a user downloads a film, per se, they are engaging in
>> copyright infringement, an illegal act. They are illegally infringing on
>> copyright, or, in simpler terms, illegally downloading.
>
> You are mistaken. Yes, copyright infringement is illegal. But copying for
> your own personal use is no infringement, in most European countries. It may
> be fair use in the use. In continental Europe there is a "closed system" of
> exceptions, including the one I just mentioned. The reason why private
> copying was allowed is twofold 1) enforcement would require an unacceptable
> privacy infringement (note that this dates fro mthe pre-internet era) 2)
> people pay already via media levies.
> Finally, TPB does not facilitate file sharing itself, but only refers to
> sites that do that. Where is the end if hyperlinking is restricted? A
> hyperlink is no publication, it is a reference?
>
> So far, this was about current law. But there is a good reason to question
> current law: if draconic enforcement is needed, apparently the public
> support is low. And human rights may suffer.
>
> Thanks for playing devlis advocate, but who is the real pirate here?
>
> reinier
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