--- In [email protected], "Lucas Gonze" <[EMAIL PROTECTED]> wrote: > > On 1/3/07, Enric <[EMAIL PROTECTED]> wrote: > > --- In [email protected], "Lucas Gonze" <lucas.gonze@> > > wrote: > > > > > > This is a link being fetched on the client side, not a copy on the > > > server side, so it's not a copyright issue. > > > > I see what you mean. They're pulling to the FLV file from blip.tv and > > supimposing in flash they're own material on top. Regardless of the > > method, the presentation and action is breaking the CC non-commercial > > license. They are presenting through their flash player a video that > > they are not licensed to present. Their flash player is displaying > > frames of video without the rights to do that. Media (bytes) that > > they don't have a right to is being pulled through their player which > > resides on the client side. > > Firefox is licensed to present any material. Neither is Internet > Explorer. The player doesn't need rights here. >
I think there's a clear difference between the building the CBS Jumbo-Tron is on and the CBS Jumbo-Tron. If the CBS Jumbo-Tron shows video without license then it is the right of the one being infringed to have that desist and request compensation. A custom flash player written by online video company MyHeavy.com that overlays their logo, display ads on top prior to rolling and such is clearly different to any observer and the consumer from a browser. We can discuss the technical differences through many messages. But this product is obvious to any consumer, technical or not, as a commercial presentation of a video. > And even if it did, so what? You have zero chance of controlling the > behavior of all the third parties who can author an FLV player in > Flash, while you definitely have the ability to force them to respect > your wishes using Referer headers. That puts the responsibility on the content creator to continually hunt down infringers and put them on notice. There's no incentive to stop future infringement. > > It's like spam filtering. You could insist that spammers stop if you > yell "STOP" loud enough, and you could even put your theory into > practice by yelling until you ran out of breath, but you wouldn't > achieve anything. Installing a spam filter would be a better idea. > MyHeavy (and Veoh before them) are not spammers. They don't move to a new server, zombie a computer and such to continue their work. They are companies or individuals that will act professionaly if incentivized. -- Enric
