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Sarah Silverman Sues Maker Of ChatGPT For Copyright Infringement
(www.huffpost.com)
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this post was submitted on 10 Jul 2023
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A quick search provides plenty of links to say you're wrong. In particular with respect to downloading from the internet, which is significantly different to receiving a physical item.
When you download, you create a copy on your computer. You read a file from a server, then write it to your local storage.
Sure, maybe buying a pirated CD may be legal for the buyer, but copying that CD would not be - and like I say, there is the argument that playing the CD is a form of copying that is only permitted with a license from the rightsholder. However downloading is regarded as a form of copying that is only permissible with permission from the rightsholder.
You are trying to justify something that no reasonable person - let alone a court - would justify.
None of those links are to federal statutes. Some are to government sites, but not to the statutes. The statutes do not support your claims.
VHS and cassette recordings of broadcast or pirate transmissions also end up with a copy of the work in the possession of the receiver. Both are legal. It is not legal to share or retransmit those recordings, but those recordings are themselves legal to create and consume.
No. You're radically oversimplifying the scenario. You're ignoring the second party involved.
P2P downloading is like calling up a pirate radio station and asking them to play a song. You set up your recording device, and wait for them to play it.. The recording you make is legal. The act of requesting the song does not obligate the station to play it. They can ignore your request, or play it immediately, or play it three nights later. Their choice to play it is theirs alone. Their playing it is the infringement.
P2P downloading, your computer sends a request to the server. Depending on how the server is configured by the uploader and the resources available to it, it may or may not begin sending the requested work.