Is HTLAL down again?

Discuss the LLORG's and HTLAL forum's past and its future here.
dampingwire
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Re: Is HTLAL down again?

Postby dampingwire » Fri Oct 12, 2018 7:46 pm

patrickwilken wrote:I was thinking that perhaps things were a bit different now if the site itself is permanently down.

In fact, if site really is permanently down it's hard to imagine what sort of commercial damage could come from rehosting the material on the site. Though I wouldn't argue we should do that.


It's not permanently down: it's up right now, I just checked.

If it were down that would make no difference to the legality though.

Of course, if it were down you couldn't systematically ask archive.org to archive all the posts (or even a subset you care about).
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patrickwilken
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Re: Is HTLAL down again?

Postby patrickwilken » Sat Oct 13, 2018 5:25 pm

dampingwire wrote:If it were down that would make no difference to the legality though.


I wouldn't suggest hosting the site without permission.

My thought was just that copyright violations (I think) are mostly interested in commercial damages. That's why here in German downloading the same pirated film via a Torrent costs about 1000 Euros (because it's claimed that there are many multiple of the film distributed for each download) and downloading it from a non-Torrent site is illegal but essentially only worth the usual cost of buying a single film.

If copyright damages occurred for hosting the site it would presumably similar. What were the financial damages for rehosting a site that didn't exist on the original site, and which didn't. It might be illegal, but I doubt there could be strong claims of financial damages.

But my knowledge of copyright law is only marginal at best.
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Re: Is HTLAL down again?

Postby lavengro » Sat Oct 13, 2018 7:51 pm

On the issue of damages, even in the absence of actual commercial loss or damages, there is the possibility in many jurisdictions of statutory damages for copyright breach. In Canada, for example, statutory damages for copyright breach can be as high as $20,000 (Canadian $$, which lately would be the equivalent of $much less in other currencies) - https://www.canlii.org/en/ca/laws/stat/rsc-1985-c-c-42/latest/rsc-1985-c-c-42.html?autocompleteStr=copyrigh&autocompletePos=1. I understand that statutory damages for proven copyright breach can be much higher in the United States.

No idea as to how the Swiss might deal with this.
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