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Notes on the Viacom ruling

Notes on the Viacom ruling

Posted Jul 5, 2008 1:27 UTC (Sat) by mjr (subscriber, #6979)
In reply to: Notes on the Viacom ruling by kirkengaard
Parent article: Notes on the Viacom ruling

What law has been broken by a viewer of copyrighted material which has been posted for public access by someone else?

The Finnish copyright law, for one. Downloaders are responsible for downloading only legal material by a literal reading of the law. No, there's no way to know. Yes, it's insane, but so is the totality of the copyright law, so it's merely business as usual. I don't know if other countries have similar nuggets in their legislation, but wouldn't be the least bit surprised.


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Notes on the Viacom ruling

Posted Jul 5, 2008 15:20 UTC (Sat) by kirkengaard (subscriber, #15022) [Link]

Which of course depends on the court's reading of "download".  Geek logic argues that
temporary browser copies are qualitatively different from intentional copy-to-the-hard-drive
downloading, especially considering the streaming nature of YouTube.  The user intends to view
the material, not to make a copy, in the former, and intends to acquire a copy of it in the
latter.  Of course, I already know that ephemeral copies have been cited in copyright
decisions, several ways in several jurisdictions.  Law logic, to paraphrase PJ, is different
from geek logic.

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