First, the item in question was Overt Act #28 out of 103. Case law is not going to rest entirely on this French Sopranos episode.
Even then, overlaying a copyrighted work with translated subtitles isn't transformative. What's Up Tiger Lily is transfomative. Fansubbing is not.
Finally, any website that allows public upload and sharing knows that copyrighted works will eventually end up on their servers illegally. It's how the company handles it from that point forward that matters. This (among numerous other examples):
ppp. On or about January 28, 2010, in an e-mail entitled “activating old countries,”
a user of a Mega Conspiracy site asked BATATO: “where can we see full movies?”
BATATO replied “You need to go to our referrer sites. Such as www.thepiratecity.org
or www.ovguide.com[.] There are the movie and series links. You cannot find them by
searching on MV directly. That would cause us a lot of trouble ;-)"
Wow. I have yet to read the entire indictment, but the pieces and parts I see scattered around the internet are pretty damning. If they get extradited, they are sunk.
It's odd that our best hope in avoiding some crazy precedent lies in the fact that they've got so many things to charge MU with that they don't need to pick anything the least bit unorthodox.
First, the item in question was Overt Act #28 out of 103. Case law is not going to rest entirely on this French Sopranos episode.
Even then, overlaying a copyrighted work with translated subtitles isn't transformative. What's Up Tiger Lily is transfomative. Fansubbing is not.
Finally, any website that allows public upload and sharing knows that copyrighted works will eventually end up on their servers illegally. It's how the company handles it from that point forward that matters. This (among numerous other examples):
is not the way to handle it.