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Originally Posted by nation-x
Here is an example for you to get your head around. Have you ever seen those big spools of copper cable that utilities leave sitting on the side of the road while they are doing work?
If someone comes to me and says "Hey... do you know where I can get one of those big spools of copper cable without paying for it?" and I point them to one... I am guilty of criminal conspiracy.
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and all you have to do to make the arguement that this case is equivalent is show that exact conversation.
without the consersation there is no conspiracy.
even a link to copyright material is not infringement under the DMCA, and this even further removed from a direct link to content (by 3-4 steps at least).
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Here is another: If you come to me and say "Hey... do you know where I can buy some cocaine?" and I refer them to a dealer... I am guilty of conspiracy to deliver cocaine.
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that an example where the transaction is always a crime
fair use gives people the right to reaquire the content they have paid for
using the torrents like a vcr is timeshifting
using the swarm as an sms server is backup and recovery
and using the swarm as a avi converter is format shifting.
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Here is the fun part... it doesn't matter if someone goes and steals the copper cable or buys the cocaine. I am still guilty of criminal conspiracy.
Now... if Isohunt is linking to torrent that they know allow someone to download illegally obtained copyrighted materials... that is Conspiracy to Commit Copyright Infringement due to Aiding and abetting a criminal offense.
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internet connections allow you to violate copyright.
router redirect to infringing content
browser let you surf to infringing content
all these technologies are not liable for the POTENTIAL infringement that happens
torrents can be used to infringe ot fair use (see above)
the infringement is not absolute it only POTENTIAL.