Administration > General Site Discussion
Why is it allowed to upload commercial companies practise exams?
excal:
--- Quote from: trinon on November 02, 2008, 12:32:10 pm ---Hmm. I realise this is like 2 weeks after the last post, but I feel this is relevant.
There are many free uploading hosts that you can put the exams on. Rapidshare and Megaupload are just a few. It is actually legal to put the links of the exams on VN, so long as the exams themselves aren't being held here. There are entire forums dedicated to the distribution of these links and they cannot be taken down because they don't host anything illegally. This is a solution to all problems (except the 'ethical' issue) associated with uploading exams. I would go so far as to encourage uploading exams to a host such as Rapidshare (most widely used) and to create a specific forum on here just for these links. This effectively takes any and all blame off VN (enwiabe can't be sued or told to take the links down) and provides a great archive for future years.
Just think about it :)
--- End quote ---
Actually the case law contradicts this somewhat.
The in KaZaA case, it would found that by being a central server that links to infringing materials (KaZaA was a centralised P2P architecture), it infringed copyright by 'authorising' its users to share copyrighted files. The fact that they had knowingly allowed for such transfer to take place probably had some bearing (and enwiabe has already conceded to knowing that it does take place and will only be dealt with if approached by the copyright holder).
Universal Music Australia Pty Ltd v Sharman License Holdings Ltd [2005] FCA 1242
Mao:
--- Quote from: Excalibur on November 04, 2008, 12:56:09 pm ---
--- Quote from: trinon on November 02, 2008, 12:32:10 pm ---Hmm. I realise this is like 2 weeks after the last post, but I feel this is relevant.
There are many free uploading hosts that you can put the exams on. Rapidshare and Megaupload are just a few. It is actually legal to put the links of the exams on VN, so long as the exams themselves aren't being held here. There are entire forums dedicated to the distribution of these links and they cannot be taken down because they don't host anything illegally. This is a solution to all problems (except the 'ethical' issue) associated with uploading exams. I would go so far as to encourage uploading exams to a host such as Rapidshare (most widely used) and to create a specific forum on here just for these links. This effectively takes any and all blame off VN (enwiabe can't be sued or told to take the links down) and provides a great archive for future years.
Just think about it :)
--- End quote ---
Actually the case law contradicts this somewhat.
The in KaZaA case, it would found that by being a central server that links to infringing materials (KaZaA was a centralised P2P architecture), it infringed copyright by 'authorising' its users to share copyrighted files. The fact that they had knowingly allowed for such transfer to take place probably had some bearing (and enwiabe has already conceded to knowing that it does take place and will only be dealt with if approached by the copyright holder).
Universal Music Australia Pty Ltd v Sharman License Holdings Ltd [2005] FCA 1242
--- End quote ---
no he doesn't. he doublethinks.
excal:
--- Quote from: ninwa on October 18, 2008, 06:23:41 pm ---Excal, do you know which section of the Act deals with this specifically?
--- End quote ---
Copyright Act = tl;dr
I'm better versed in the DRM stuff. Case law is easier to find simply because you hear it in the news and sorta know where to start looking. This particular case was also after the amendments in 2005 that supposedly brought us into line with the US (for the FTA) which would've included the safe harbour provisions.
tl;dr: I don't know. It's in there somewhere, but I gather that it'd have to do with holding out as someone who is authorised to (illegally) distribute the music, from reading the summary of the case).
Eriny:
I think it's good to post exams, whether this is legal or not, until the 'cease and desist' is actually made. For the following reasons:
1) The exams are shoddy anyway. The price people pay for them are exorbitant and they're still pretty shit, confusing and full of mistakes. These educational companies are already practically stealing from students by making them buy this crap before the students can even be aware that they are crap.
2) It saves me (and others) from having to email god knows how many exams to the people who want them. Posting them on the forum saves heaps of time.
3) The whole point of this website is to make educational resources accessible to all students, regardless of what school they're from. Some schools will give students giant exam packs, some will only get a couple of past VCAA exams. Having more exams available online bridges the gap.
excal:
--- Quote from: Toothpick on October 18, 2008, 07:17:34 pm ---I like free stuff.
No matter how illegal it may be.
--- End quote ---
Who doesn't?
But some rational discussion of the legality of it doesn't hurt IMHO. Whatever is done is really enwiabe's perogative - and should anything further happen, the poster of said exams.
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