Quote:
Originally Posted by Christ, De 'Berg!
When the use is transformative (mashed up and re-worked) and so insubstantial (one small sound bite from a TV show, one small clip from a song - then used as alltogether maybe a couple of minutes of a 3 hour podcast), it'd be pretty easy to defend as fair use and I can't see any of the copyright holders feeling confident trying to sue for infringement, whereas a site like pokertube just uploads full TV shows and doesn't transform the content in any way.... totally different circumstances, pretty clearly
Assuming that the concept of fair use exists everywhere the show is played, the issue is where are the clips sourced from and why is attribution not given anywhere?
If the clips are not properly sourced the original artists that did the work are getting no revenue from their work. Are the clips being taken from youtube clips? Or a DVD purchased for home use and not for commercial purposes?
Why are the Pokercast guys so focused on not giving any credit to the works they build their clips off of? Just writing it off as fair use is like throwing in a $5 chip to call an allin bet, minimal effort to avoid having to push in a couple of your own stacks of chips.
Even if they're not purchasing the content (which given their refusal to answer is a good assumption), giving attribution costs them nothing. A thread in the forum called "Ross' Drops" with a description of what clip(s) he uses to put together each drop. It at least gives the original artists credit while claiming fair use arguments. What interview did that Phil drop come from? What are each of the clips that make up the 140 or less intro? Simple things like that.
Quote:
Originally Posted by Christ, De 'Berg!
He uses '******ed' as slang to mean something completely different than the way it would be used offensively, whereas Todd uses slurs to describe people based on their actual ethnicity - if you're calling an action or some non-human thing, say a floor ruling, ******ed, you mean it in the slang term, whereas Todd describing a Japanese person as "Jap" is not slang or indirect in any way
He used ******ed in the same manner as it is used offensively. Saying that a ruling is ******ed is the same as saying "Only a ****** [mentally handicapped person] would make that decision". Just as offensive as Todd's comments are to groups of ethnicities, Tchan's comment is offensive to every handicapped person who was tormented with the ****** label growing up and in their adulthood.