• misk@piefed.social
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    9 hours ago

    It might be called something different but without fair use principles you wouldn’t be able to quote, review or parody a movie. This intent isn’t known by the persecutors ahead of time, hence what they’re doing is rather overzealous (an euphemism for police working for corpos).

    • yetAnotherUser@discuss.tchncs.de
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      7 hours ago

      Quoting, parodies etc. is explicitly regulated and very tightly regulated. I can only speak for Germany here, other EU countries have different laws but I know they tend to be on the strict side as well.

      For example, parodies must explicitly comment on the original work to be permitted. Modifying the lyrics in a funny way alone is not enough to be a parody.

      Same with quotes: They are only permitted if they serve a scientific, informative or analytical purpose. Quotes for illustration purposes or entertainment are explicitly not permitted.

      In 2021, “pastiches” were legalized which allows for some entertainment use of derivative copyrighted works but there is no legal precedent yet that defines their scope.

    • ivn@tarte.nuage-libre.fr
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      7 hours ago

      France copyright law does not allow full length reproduction, whatever the intent. It does not apply here and it’s not why they are going after the customers here.

      • misk@piefed.social
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        4 hours ago

        I never realised how things are different in Poland when it comes to this. Around here you’d get away with downloading pretty much anything except software which is explicitly excluded from our fair use laws. You can share full copies of audio, video and text among close group of friends / relatives legally so if persecution happens it’s usually against those uploading torrents or selling piracy services where it’s easy to make a case that it wasn’t fair use.

          • misk@piefed.social
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            6 hours ago

            Sure, but the users of the service could also claim they got scammed with a counterfeit product. Those selling the service are the only ones worth pursuing from the practical and ethical standpoint.

            • ivn@tarte.nuage-libre.fr
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              6 hours ago

              I highly doubt the users could get away with such an excuse but I’m not a lawyer. And the complaint comes from the football ligue rights holders, there is not ethics to be found here.

              • misk@piefed.social
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                6 hours ago

                Given that everyone is innocent until proven guilty, an excuse can be all it takes sometimes, especially in a civil suit.