Can I say this? Jane you ignorant slut.
Let me start at the end... "Guilty until proven innocent" isn't the case at all. You are straining reality in all sorts of directions trying to cover the failings in your logic. If you don't have the rights to something (or don't know if you have the rights to something), the decision shouldn't be "put it up until someone complains". Further, knowing that you have in the past gotten huge numbers of complaints, your ongoing operating strategy shouldn't be "put it up until someone complains". At some point, either as an individual or a corporation, the site operators should become aware that some significant percentage of the material they are trading in is illegal, and move to take steps to stop the infractions.
The "out" in DMCA is really intended to protect companies and individuals for errors that are made, but the intent is on an occassional basis. A mulligan. A "oops" because when you accept content from users, there will occassionally be issues. But when I go to torrent sites, I see page after page of material that isn't licensed (and could never be licensed for free distribution). Every shot they take is a mulligan. That isn't the intent of DMCA, and that is the point of abuse that many people use. It is the reason that DMCA needs to be reopened and cleaned up because a small exception create to protect occassional issues is being used as a business model for certain companies, leading to mass copyright violations.
You have to look at the results to understand why the law isn't working.
BTW, I wish you would get over the "they don't have to by swedish law". I don't give a flying fuck what they do in Sweden. But they are distributing the material into the US, and that is an issue.
As for Canada, the courts have ruled that the distribution of music via P2P networks isn't illegal, as the duplication media (CDs,DVDs, and even MP3 players) are taxed and those funds forwarded to the music producing companies and distributed according to a formula. In the end, the public pays for the music, they just don't realize it.
Your arguments are weak and all over the road. Care to address the tracker thing again? I am enjoying watching you make an ass of yourself.
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