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torrent site I think is a tougher fight than going after a direct download site like Megarotic or a Rapidshare type operation. Those two types are making a killing while actually receiving and hosting/publishing massive amounts of copyright infringed content. the same argument would be put forth that will be put forth by Viacom against YouTube and Google Video - that the DMCA 'safe harbor' provisions has created this mess and YouTube and all the others have exploited it to make billions of dollars at the expense of copyright owners. I hate how slowly the legal system crawls along. My fear is that a judge is going to say in short 'the law is the law - i'm not going to rewrite the law for you - your argument is with Congress - kthnxbye'
Torrent technoglogy is P2P - going after a tracker site like PureTNA or PirateBay is harder - all those sites have on them are torrent files, not the actual content - a tougher concept for a judge or jury to understand and maybe tougher to find in favor of the plaintiffs.
If the courts don't decide in favor of Viacom then the only hope any creator/publisher has is that Congress tears up the DMCA and rewrites it holding all the sleazebags, ISP's, hosting companies, USENET, torrent trackers, search engines, who under the current DMCA have been given 'safe harbor' protection on copyright infringements by their users. And it will still be useless unless the rest of the world adopts the same law.
Don't forget that Google is now by far the biggest torrent tracker site on the planet.
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