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ExtraTorrent.cc > Articles > Embedding Illegal Video is Legal

Embedding Illegal Video is Legal

Embedding Illegal Video is Legal

Added: Friday, August 17th, 2012
Category: Recent Headlines Involving File Sharing > Ridiculous Criminal Trials
Tags:ET, p2p, Torrent, Piracy, Peer To Peer, Network, Hackers, Internet, BitTorrent, Google, utorrent, bitcomet, extratorrent, 2010, www.extrattorrent.com
Appeals judge Richard Posner handed down a ruling saying that MyVidster, a social video bookmarking website sued by Flava Works, did not encourage swapping and did not encourage copyright infringement. In other words, the court ruled that embedding a copyright-infringing video wasn’t against the law.


Judge Richard Posner ruled that a social video bookmarking website didn’t violate the copyright of the adult movie porn production company by embedding its copyright-infringing content from the 3rd-party sites. This ruling overturned a preliminary injunction from last year, imposed by a lower court after the porn company filed a lawsuit against MyVidster two years ago.

The Appeals Court ruling says that MyVidster does not touch the data stream and therefore does not actually host the infringing video, but rather the links to the work hosted elsewhere on the Internet. In fact, MyVidster provides Internet users addresses where they can find entertainment. You can compare this to listing plays and giving the name and address of the theatres where they are being performed, which isn’t the same as performing them.

The court pointed out that to call the provision of contact data “transmission” or “communication” and thus make the service a direct infringer would blur the distinction between direct and contributory infringement. In other words, this will wrongly make the provider of such data an infringer even if they did not know that the work to which he was directing a site user to his website was illegal.

In the meantime, Google and Facebook filed documents in support of MyVidster, arguing that websites like theirs should be considered as intermediaries only, and therefore not held liable in case someone uploads illegal content to their servers, claiming DMCA safe harbour. The EFF also filed an amicus brief in support of the service. Of course, the MPAA sided with an adult movie production company, filing a brief urging the appeals court to uphold the lower court’s ruling.

It is still unclear how this decision will affect other cases. For example, 23-year-old Richard O’Dwyer, responsible for operating the TVShack website, is to be extradited from the United Kingdom to the United States to face copyright violation charges. However, his website also only offered links to other services hosting uploaded copyrighted TV shows and movies, but didn’t host the content itself.

August 17th,2012

Posted by: 

Date:  Friday, August 17th, 2012

Comments (10) (please add your comment »)

posted by Blocked (2012-08-18 02:44:40)
Crashman_123 avatarI would say that Richards' lawyers, if they're on the ball, could now point to this precedent and have the extradition quashed almost overnight. Since they're NOW saying that the 'Crime' for which he is to be extradited is no longer a crime in the USA EITHER (it was NEVER a crime in the UK) then there's no GROUNDS for extradition.

posted by (2012-08-18 04:21:58)
No avatar@suavenz laugh you wasted your time signing up to post that? To people who you think are confused and stupid? You might have well have spray painted these words on the concrete of your own basement if you actually believe what you type. How would this message get through to such confused and stupid people?

So... who is confused? You are for trying to communicate with people who you thought where to stupid to communicate with. Who is stupid? You are for trying to label a huge group of people that actually have to be somewhat intelligent to do what they are doing in the first place. It is the lame who do not even understand the simple basics of file sharing not the stupid or confused. I have tried to explain how to do it to stupid and confused people and they where unable. It was not the ethics that stopped them but the "difficulty".

Bottom line though your message will not get anyone who is stealing and cheating to change and all of a sudden stop what they are doing. In fact recent attempts at stopping people and every bit of media that is against piracy has only caused it to increase.

So good luck on that >

posted by (2012-08-18 10:08:07)
mcandrews avatar@suavenz: Dude, with all due respect, but you could not be more wrong about the "good" guys and the "bad" guys. Althogh I respect your right to freedom of expression I also recognize that the world is a far mor diverse place to be reduced to being solely BLACK & /or White. Secondly, if you talk about stealing you clearly have no idea who is stealing from whom... Or do you think that it is fair that an artist, musician or otherwise gets ripped off by their distributing labels? Do you think its fair that an artist is bought off with small percentages while the labels continue to make money in decades to come with the same old content? Do you think that a couple of internet downloads could even come close enough to what these people, the so called copyright holders are stealing with legal backup from the artist who generate real added value in the first place? It is obvious that the main stream media has effectively turned upside down the logci and perception of the concepts of good and bad in almost any area of our daily lives. Seriously, either you are one of them or otherwise you need to break free from that claustrophobic mentality. Because in the rapidly changing and interconnected world of our digital age that attitude is not going to get you anywhere...
All the best to you!

posted by (2012-08-18 10:22:02)
No avatarWhen you read off a list of adjectives like that you are bound to contradict yourself and you sure did.

Hope you stay far away from a court room in the future or you will be royally screwed

posted by men (2012-08-18 10:46:16)
Slickinator avatari go to the theater and pay top dollar all the time for movies and still buy dvds and blu rays .... i just like having a digital copy for portability reasons and sometimes its just easier getting it here i don't know what the fuss is and in canada i remember having a receipt stating that i was paying a copyright levy on blank media = blank dvds and which by law gives me the right to copy something i want as i always payed a levy for that purpose ... so too me that is justified

posted by (2012-08-18 18:08:07)
mcandrews avatar@TheBarcaShow: If you are talking to me; frankly I do not know where I would have contradicted myself... Please humor me and point out some parts of my allegedly contradictory text if you can. On the other hand there is a lot I have left unsaid.
Best Regards and a royal srew to you too!

posted by (2012-08-18 19:19:14)
No avatarSorry my comment wasn't directed towards you. It was towards suavenz

posted by (2012-08-18 20:25:05)
mcandrews avatar@TheBarcaShow: Sure, no problem. I just thought since your comment was following my own and i did not see a "@suavenz" at the beginning of your post that you would be addressing me.
Have a good one mate!

posted by (2012-08-19 04:22:46)
Brynn217 avatarApparently there is a post that has been deleted that everyone responded too.... In any case, I would think that this court case would also work a any torrent sites that are brought up on charges...torrent sites do not host or ever touch any of the media... a torrent in simply a link that a host program on the users computer uses....

posted by (2012-08-19 10:37:15)
ic3m4l3 avatarno brynn but MyVidster does not touch the data stream weras torrents DO

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