--- In [email protected], "Lucas Gonze" <[EMAIL PROTECTED]> wrote: > > 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? >
Not so. This discussion is moot to more than 99% of people who use the internet. And most reasonable persons looking at content put on MyHeavy.com would say it's being played commercially and not the same as a browser plays it. People see a company breaking a CC non-commercial license. It is the behavior of the business with content that is at issue to most, not the technical methods. While changing the referrer heading is simple and easy. Doesn't that just effect MyHeavy.com? Wouldn't someone else be able to do the same thing later and when discovered then the header changed for them? Or is this a global change? This is a human interaction of breaking contract and at some point needs to be dealt as such. -- Enric > > > 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. >
