> There is no difference.  Copyright is what enables licensing.  And
> since they're linking rather than re-hosting, there is no copyright
> issue.

Incorrect. Copyright states who owns and has the right to make
decisions on a piece of work. A license is the agreement you make to
say who can send it out. We have the standard agreement for all our
content out there in CC format.

Secondly a link takes you to that content. These are not links. In the
best case they are streaming it through their own player. But I cannot
accept calling this a link.
 
> However, you can easily make this request stick...
> 
> > But you can't make money from it without talking to us
> > first
> 
> ...because...
> 
> >, or at least provide us a mechanism for making that decision.
> 
> ...there exists just such a mechanism -- the Referer header.
> 

Which is a technical solution that is only available to those of us
who have the ability and understanding to carry it out. What about my
friends who only understand file uploads and WordPress posting, who
can't create web pages themselves, but are happy using the themes and
simple tools they have?

In any case, we are not trying to stop distribution, which is what the
Referrer hack is all about. We are asking people to become our
partners and help us be seen. And if we all make money we all win.

> The only problem for you is that you have to take action.  The
> creators of the web made sure to leave out tools for you to use in a
> situation like this, however they also required you to take the
> initiative when you don't want the default way of doing things on the
> web to apply.  You are able to opt-out; you are not able to require
> aggregators to have you opt-in.

You are seeing these people as aggregators. They are not. Fireant is
an aggregator (and a damn fine one). Sure they have ads on their site.
But they don't modify my content to show them, tastefully integrate to
one side, and make sure you understand that this is content from us.
Plus Fireant (as far as I know), does not go out and add channels,
representing those people as being on their site. And even if they
did, I know Josh would have NOT said it was all from blip.

Myheavy does none of this correctly.


> 
> >
> > Myheavy has done neither to all of us. And we are not talking about
> > them simply posting simple Google Adwords next to the post. In all
> > practicality, that kind of thing does not bug us. We have only turned
> > down one person in that scenario, and that was a hard decision to make
> > (they wanted to use Node666, but we didn't feel that we alone could
> > grant them the right since it was a collaboration).
> >
> > No MyHeavy are harvesting everything from blip, downgrading the
> > quality, and enveloping it with HUGE, GARISH ads.
> >
> > Make no mistake, that is either stupid or malicious.
> >
> >
> > --- In [email protected], "Enric" <enric@> 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.
> > >
> > >   -- Enric
> > >
> > > >
> > > > Iff someone has a problem with something that they can easily fix,
> > > > they should do the fix.  Anything else is willful.
> > > >
> > > > What you want video aggregators to do will break the web.  The
web has
> > > > a mechanism for doing what you want to do, which is the Referer
> > > > header.  If you use the existing mechanisms, you can achieve
what you
> > > > want and preserve the web at the same time.
> > > >
> > > > The alternative course that you are pursuing will not work and
will
> > > > destroy the web.  Using Referer headers will work and will
preserve
> > > > the web.
> > > >
> > > > -Lucas
> > > >
> > > > On 1/3/07, Enric <enric@> wrote:
> > > > > If someone breaks a copyright whether individual or
corporation and
> > > > > seeks to profit by it, then it is the right for the
copyright holder
> > > > > to charge a value they want for their work.  It is also a
right to
> > > > > demand this not happen.  Or to put on notice for a suit. 
The person
> > > > > whose material is being violated should not be considered
guilty.
> > > > >
> > > > >   -- Enric
> > > > >
> > > > > --- In [email protected], "Lucas Gonze"
<lucas.gonze@>
> > > > > wrote:
> > > > > >
> > > > > > Their service is a Flash app which plays an arbitrary FLV
file on
> > > > > any server.
> > > > > >
> > > > > > For example I can patch this URL of theirs for viewing Steve
> > > Garfield
> > > > > > stuff on blip:
> > > > > >
> > > > >
> > >
> >
http://www.myheavy.com/video.php?video_url=http%3A//blip.tv/file/get/Stevegarfield-BehindTheScenesJohnEdwardsYouTubeAndTheCampaignWebsite426.flv&video_title=Behind%20the%20Scenes%3A...&video_desc=&video_author_name=Blip%20TV&video_author_url=http%3A//blip.tv&video_thumb_url=http%3A//blip.tv/uploadedFiles/Stevegarfield-BehindTheScenesJohnEdwardsYouTubeAndTheCampaignWebsite586.jpg
> > > > > >
> > > > > > To use this third party FLV instead:
> > > > > >
> > http://www.mediacollege.com/video-gallery/testclips/barsandtone.flv
> > > > > >
> > > > > > Giving this completely functional URL:
> > > > > >
> > > > >
> > >
> >
http://www.myheavy.com/video.php?video_url=http://www.mediacollege.com/video-gallery/testclips/barsandtone.flv&video_title=Behind%20the%20Scenes%3A...&video_desc=&video_author_name=Blip%20TV&video_author_url=http%3A//blip.tv&video_thumb_url=http%3A//blip.tv/uploadedFiles/Stevegarfield-BehindTheScenesJohnEdwardsYouTubeAndTheCampaignWebsite586.jpg
> > > > > >
> > > > > > To make this problem go away 100% blip.tv just needs to do a
> > rewrite
> > > > > > rule to block myheavy.com.  This will do the job without a
crazy
> > > lynch
> > > > > > mob asking to extend the DMCA to be even more onerous and,
> > given the
> > > > > > blip guys' chops, will take less than ten minutes.
> > > > > >
> > > > > > The sky is not falling.  Really.
> > > > > >
> > > > >
> > > > >
> > > > >
> > > > >
> > > > >
> > > > > Yahoo! Groups Links
> > > > >
> > > > >
> > > > >
> > > > >
> > > >
> > >
> >
> >
> >
> >
> >
> > Yahoo! Groups Links
> >
> >
> >
> >
>


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