Re:YouTube now defaults to HTML5 video
by JoshTriplett on Wednesday January 28, 2015 @01:20PM
(#8961512)
Sadly, the law is not a mechanically applicable algorithm.
The logic here would, in part, be: "we have evidence that you were taking part in distribution of data that violated copyright law; we don't have to download the entire file from you to have sufficient evidence that you would have supplied any arbitrary data on request".
As for any "fair use" claim, one of the specific pillars there is the impact on the commercial value of the work. In that regard, commentary, critique, review, parody, and similar are not the same as wholesale unmodified distribution.
The logic here would, in part, be: "we have evidence that you were taking part in distribution of data that violated copyright law; we don't have to download the entire file from you to have sufficient evidence that you would have supplied any arbitrary data on request".
As for any "fair use" claim, one of the specific pillars there is the impact on the commercial value of the work. In that regard, commentary, critique, review, parody, and similar are not the same as wholesale unmodified distribution.