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Originally Posted by drjones
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I think you are right and it will further subject that statement to scrutiny.. but here's the kicker on it.. and you would think the judges would go in the same direction.
1. Infringement does not occur just by offering something. Infringement is an act that requires two parties; a giver and a receiver. I don't think the prosecution would have trouble getting a motion for discovery of the transactions occurring from her account. All it takes is one transaction for the violation to occur.
2. The definition of the folder on her computer... "sharing"..... it's not a personal storage location, it's a location to share content. It is intended to show that you have something to give to others.
They may potentially have ignored a little loophole in the law, but the necessary element to avoiding this in the future is just proof of transaction. An OOPS that would be corrected with the next poor schlub that made it to court.