I'm pretty sure google already won some cases like this. It's image search
'transcodes' images into thumbnails and hosts them on it's commercial site..
permitted.
Flash 'previews' to see if something is worth downloading is the only
transcoding
that VEOH does. The actual files hosted for d/l are bit-identical to those
originally
published, thus that is 'caching' - also permitted under several test cases I
believe,
and as pointed out permissible non-deriv sharing as per CC.
It could be argued that the the actual vlog itself, including HTML format and
comment section etc, is an interactive work in itself, and propagating a part
of it such as
the podcast content and not the whole thing is derivative, perhaps.
IT does seem to me that these issues expose a different in outlook between
those like me,
who are essentially vodcasters, looking to get our content, in my case
promotional music
material, as far as possible, and those who use there vlogs as a kind of
personal dialog.
One of the things I particularly like about the VEOH concept is that, via the
P2P aspect,
it allows viewers to actually participate in the propagation process, not just
be consumers.
Another nice 'transcoding' feature of the VEOH client is that generates a
local rss feed
of all one's subs on one's own machine that can then be entered into iTunes,
which can
in turn be used as a viewer, or to transfer videos to an iPod.
joly
At 06:13 PM 4/10/2006, you wrote:
>"or any other form in which the Work may be recast, transformed, or adapted, "
>sounds like transcoding to me.
>
>to my mind this does require permission. It changes the nature of the media.
>For example if I create an interactive quicktime movie, just trancoding it to
>flash will remove the interactive portions of the file ... a significant
>change to The Work.
>
>I guess this is why I had such issue with Veoh. The transcoding. To do that
>in bulk off of feeds is hardly getting permission.
>
>Blip for example does things right. Not only do they only transcode material
>that is explicitly uploaded, they even let you (effectively) turn off that
>feature.
>
>
>
>----------
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