Sunday, May 31, 2009

Free Surf 63

Dizzler free

Dizzler free downloadable application allows users to search online and play free music, videos, games, and radio stations on their desktop or mobile device.

Our goal is to create a place where media creators and users can come together and share their passion. We want our members to be able to enjoy all of the free media content on the web as safely and easily as possible without any SPYWARE, ADWARE or storage constraints. All you need is access to the internet and our free media player.

Dizzler was incorporated in 2006 and is headquartered in Scottsdale, Arizona. All of Dizzler's technology is copyrighted and patent protected. Dizzler does not permit downloading or file sharing of copyrighted material. See "Infringement Notification"

Where does the music, video and games come from? When you make a search, Dizzler only returns publicly available content from the Internet. Dizzler’s technology indexes and then encrypts in-line links to 3rd party websites that publicly host media using the same standards and practices as the major search engines (Google, Yahoo). This encryption prevents Dizzler users from accessing the actual paths to content in order to thwart inappropriate downloading, copying or sharing of files.

Who owns what?

You are searching and streaming free content. Dizzler does not pirate or inappropriately use private or secured property. We do not have nor do we host a private database or collection. We have no affiliation to the content or its host. Dizzler is a search engine.

What about copyrighted content?

Dizzler respects owner’s rights and strictly adheres to the takedown provisions of the Digital Millennium Copyright Act (DMCA). This means that we will remove the paths in our database to any content that violates owner or copyright interests. Section 512(d) of the Digital Millennium Copyright Act, provides a safe harbor for search engines that display infringing material unless and until receiving a specific request to remove or disable that material. Dizzler has specific takedown provisions displayed on our website and work diligently to handle all takedown requests.

What is Dizzler’s Philosophy?

* We believe that Intellectual property law should not serve as a brake on technological innovation.
* We believe that no one should arbitrarily limit or restrict the access to content in the public domain.
* We believe that Dizzler is expanding the way people use the information on the public Internet.
* We believe copyright holders must face the new realities of the digital age by adopting a looser interpretation of how their content is used, "sampled” or licensed. Dizzler is ready to work with them in negotiating this new world.

Can’t Dizzler tell if content is copyrighted?

Dizzler’s search engine has no way to distinguish asserted copyright rights unless they are attached to the content files. There is no presumption of ownership or presumed rights to content Moreover, Dizzler’s search engine is entirely automated. It cannot distinguish between authorized and unauthorized media. Dizzler's media search does not "look" at files that match the user's description of what he/she seeks, but instead searches textual tags that accompany the media. A search engine that examined the actual pixel code that comprises an image, compared that code to other pixel codes, and then somehow determined whether a copy was licensed, would not only require heroic acts of programming but would also require that all copyright licensing agreements be made public and Internet-searchable.

Is there support for Dizzler’s position?

The Ninth Circuit Court of the US has ruled that the framing of other websites' images (content) does not constitute copyright infringement. The Court applied what it called the "server test." Copyright infringement requires copying, and when the search provider frames another website's content, it does not create a copy of that content on its server. Rather, the search site contains HTML code that refers the user's browser to the other website's page, from which the browser retrieves whatever content is found there, including copyright-infringing files.

The Ninth Circuit also ruled that copying and reducing a copyrighted image (creating a thumbnail), then displaying it alongside numerous other images as a search result, amounted to a "transformative use."

What about the current legal battles in the news?

As many of you know one of the largest content holders. is suing the largest Search engine on the grounds that the search companies stood to gain financially from illegal downloads of the content holder’s programs. In essence, the copyright holder is trying to regain control over properties that spread rapidly throughout the digital age. And Hollywood, which helped lobby for fair use restrictions in the Digital Millennium Copyright Act (DMCA) in the first place, is now crying foul. The search engine claims that it falls within the safe harbor provisions of the DMCA and adheres to the prescribed takedown provisions of the law that the media industry helped write.

Dizzler believes that the responsibility for enforcing copyright should be shared. If the copyright owner doesn’t want content up somewhere, we don't want it up there. Dizzler can take it down, but we cannot police the content before it's searched and viewed.

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