On 1/3/07, Enric <[EMAIL PROTECTED]> wrote:
> 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.

Not to the web it isn't.  Flash is just another user agent.  We may
expect clients to look like browsers, but that's just a misperception.

> > 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 puts the responsibility on the content host, yes, but that only has
to be done once.  (Unless you want to be picky about which third
parties can link to you, of course, but even then it's a lot faster
and more effective to have a rule for each blocked linker than to try
to get them to rewrite their site for you. )

I'm not sure if you buy my point about there being no infringement
because there is not a copy? I had the impression that you agreed --
not so?

> > 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.

The instant you convince Veoh, here comes MyHeavy and hundreds of
others.  The best evidence that this is so is that this whole thing is
a permathread among the videobloggers.  You could work it out with
each of them, which has been a total failure so far, or you could just
fix the problem.

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