Quote:
Originally Posted by gideongallery
and like i said
if that bullshit arguement worked
you just killed the internet
because every single node in the network running tcp/ip packets represents multiple individuals conspiring to make full working copy.
by definition that how every picture, video, and line of text is spread across the internet, in tcp/ip packets.
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The difference is the intend.
It's a hell of a lot easier to prove intend when an individual user install an application where the purpose is to only route specific types of "packages" through the internet to combine them into a complete product where the usage and/or distribution of that complete product is unlawful.
It's not by any chance compare-able to legitimate infrastructure providers. On top of that an infrastructure provider can be found guilty if they knowingly let their users / customers / agents misuse their networks.
The difference is the infrastructure providers do not know exactly what passes through, they may have an idea but the private p2p user can see exactly what passes through by looking in their client software.
Quote:
Originally Posted by gideongallery
except the only way a copyright holder could collect evidence for that crime is if they were the downloader
the downloader has a right to download it (authorized agent) which means the seeder isn't giving it to someone who doesn't have a right to it
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That's not 100% correct, while the investigator may have the right to download the content the investigator may be able to see who your peers are to determine you are seeding it to 3rd parties or the investigator may be able to get a court order to investigate your computer based on their findings from where they can gather their evidence for a full blown case.
Besides, just because you are an investigator doesn't mean you have the rights to use a full version of what you are sharing.
Quote:
Originally Posted by gideongallery
that exactly the same situation as me loaning my betamax cassette of knight rider to a friend who had TV/VCR/NBC in his home.
the second you put a third party in the mix, the seeder no longer gives away any working copies at all, he gives 1/2 the pieces to person a and 1/2 to person b and then he is done.
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Throw a 3rd person in it and it's a conspiracy, look it up.
And it's not the same as a cassette, you can lend your friend a cassette with knight rider to a friend but you cannot take a copy of your cassette and give him the original or the copy, then you duplicated and distributed the content. You are allowed to make backups of your cassette but if you let someone borrow 1 they have to take all backups too.