"Phade is a Spineless Coward"

Warlocket · Post by **Warlocket** » Sat Mar 25, 2006 12:51 pm

If this guy had done any kind of reading up on copyright laws, he would know just how wrong he was.

Yes, if you buy music or a movie it is yours and you can do whatever you want with it. When you distribute it on the internet without the copyright holders permission (whether or not it's free and no matter how many disclaimers you paste) for anyone to take, that does not in any way fall under fair use.

If Wind Up HAD given their permission for us to use their music freely on this site for AMV purposes (and why would they do that?) they wouldn't neccessarily be giving up their copyrights. However that adds to complications when it comes to the distribution of said music. It would be kinda weird if they said, "Okay, you can put our music online, but only if it's an AMV." Why allow exceptions when it's easier to simply say "no" to everyone?

Had Phade put up any sort of resistance or even tried bargaining with the copyright holders, they could have easily taken legal action against him AND the members AND won their case even easier. It be like going into a battle armed only with squirt guns while the opponents had machine guns when there was a much better alternative that resulted in significantly fewer casualties.

Odi · Post by **Odi** » Sat Mar 25, 2006 2:05 pm

Spatula_Castle wrote:1, (and why would they do that?)

2, It be like going into a battle armed only with squirt guns while the opponents had machine guns

1, Free commersial.
Aww man! Waht A nice vid! And the song is just awsome

who made it. Oh... That band I have never heard of! Better go down to the store and buy a copy then!!

2, Vietnam did win the war under similar conditions.
(althoug with a way over the top price)

Sorry. Agree with all you where saying. Just couldnt resist ^^

downwithpants · Post by **downwithpants** » Sat Mar 25, 2006 4:04 pm

someone on the internet expressed an opinion??? oh noez!

the guy seems to be an anti-copyright activist, which is fine. he doesn't understand the roles and obligations of the org, google video, or youtube, which reflects some ignorance on his part, but not irrationality. however, his rational mistake is his assumption that phade is obligated to take the same stance that he has taken on fighting copyright law.

anyways, the guy's entitled to his opinion. correct him where he posts false information [google/youtube defending illegal distribution; virtualdub on linux], but let readers make their own judgments on whether his argument is worth following or not.

Shinodude · Post by **Shinodude** » Sat Mar 25, 2006 4:22 pm

downwithpants wrote:someone on the internet expressed an opinion??? oh noez!.

now the whole internet society will come crashing down!

trythil · Post by **trythil** » Sat Mar 25, 2006 4:47 pm

Ainaelle wrote:I find sad that 99.(9)% of replies here are comments on that guy's sanity. He supported his argument with logic (however flawed you might think it is), why not fight his arguments with your logic, if you think it's so superior to his?

I did.

JaddziaDax · Post by **JaddziaDax** » Sat Mar 25, 2006 4:49 pm

trythil wrote:
Ainaelle wrote:I find sad that 99.(9)% of replies here are comments on that guy's sanity. He supported his argument with logic (however flawed you might think it is), why not fight his arguments with your logic, if you think it's so superior to his?
I did.

I did in this thread.. I'm not sure where the original thread is located.. O.o

Bakadeshi · Post by **Bakadeshi** » Sat Mar 25, 2006 5:25 pm

JaddziaDax wrote:
trythil wrote:
Ainaelle wrote:I find sad that 99.(9)% of replies here are comments on that guy's sanity. He supported his argument with logic (however flawed you might think it is), why not fight his arguments with your logic, if you think it's so superior to his?
I did.
I did in this thread.. I'm not sure where the original thread is located.. O.o

both of you are part of the 0.1% that did I guess

Kalium · Post by **Kalium** » Sat Mar 25, 2006 5:46 pm

Ainaelle wrote:Don't you feel you're being a bit too uptight about it around here? Also, where I can find a list of banned words - I'd like to avoid using them just in case, to not bring a ban upon myself (and to avoid my posts being edited by someone, because for some strange reason I'm not deemed worthy of editing them myself).

First, consult the org <a href="http://www.animemusicvideos.org/phpBB/viewtopic.php?t=289">Forum Rules</a>. Specifically, number seven. Read it carefully. Second, edit rights are too easy to abuse. There's a reason you don't have them.

Ainaelle wrote:The point is, it set a precedent. What band or titles are going to be blacklisted next? Perhaps you won't care about them either. But, a little bit here, a little bit there, and eventually you'll end up with... what?

What would you suggest? That we get ourselves shut down completely and ruin the lives of more than one person? No, this is a far preferable outcome.

As for your forecast of hellfire, chaos, and damnation, there haven't been any new C&Ds. Nor did Wind-Up come back and demand that AMVs using other artists of theirs be taken down. That's rather telling, since I know that more than one music industry person is aware of us.

Anyway, there are plenty of precendents for how copyright owners deal with infringers. We were hardly the first, and we're not likely to be the last.

trythil · Post by **trythil** » Sat Mar 25, 2006 6:05 pm

Some more stuff:

Ainaelle wrote:I generally couldn't care less about those three bands (well, I kinda loved My Evil Alien, this thread made realise it's one from the blacklisted bunch). Most of you don't care about them either. The point is, it set a precedent. What band or titles are going to be blacklisted next? Perhaps you won't care about them either. But, a little bit here, a little bit there, and eventually you'll end up with... what?

Well, so far we've ended up with a slippery slope argument that has so far shown to be incorrect from historical evidence.

We also know that fighting the C&D would have cost quite a bit of money, and that money has to come from somewhere. Members?

Maybe. There's no counting on that, though; and even if that money were available, the case would most likely be a long and arduous one, and there's always the risk that Phade would lose the case, in which case the damage would be far greater.

You can do the cost/benefit analysis yourself, but I think that the better choice is pretty clear.

Finally, there was no precedent set by this case. Removal of content in accordance with copyright holders' demands is a common practice, and it certainly hasn't set any precedent for Phade's actions, as he's stated before Wind-Up that he's really not interested in dragging out legal battles.

But maybe that's just an American thing you're so happy to accept that. :roll:

That's rather uncalled for, but at least it shows that you're sarcastic about this. That's good; I'm also that way.

Sure, the USA has its share of copyright issues and legal embarassments; the problem I mentioned above is one of those embarassments.

We also have quite a few organizations working to correct these problems. Electronic Frontier Foundation, Creative Commons, IP Justice, and the Center for Democracy and Technology are among the first come to mind; I'm sure there's more that I'm missing.

What's Poland doing?

No, seriously, I'd like to know. If your country is equally or more active in this area, I'd love to know about it.

trythil · Post by **trythil** » Sat Mar 25, 2006 6:07 pm

trythil wrote:What's Poland doing?

No, seriously, I'd like to know. If your country is equally or more active in this area, I'd love to know about it.

Actually, one thing just came to mind: Poland's anti-software patent action. Not sure how I missed that.

I'd like to hear more, though.