Now that is some serious horseshit.
Do you think that TPB has the right to share? Do you think for a second that a torrent listed as (and I take this right from TPB) "Resident Evil Extinction XViD" is legal for ANYONE to have?
Ignorance isn't an excuse.
The protocol used to move the file is immaterial. You are getting all bogged down in the technical "he said she said", but that the end of the day, you don't have to do any further than the "recent torrents" list on TPB to know that files that have no right to be traded are being traded - and that TPB is the method that many people will use to find the torrent file to get the pieces.
Your waving your hands around and pointing in 100 directions, and it is all immaterial. If TPB said "Seeders must show that they have the right to distribute the content or we won't list you material" suddently their site would be empty. It is very, very easy for TPB to know the difference between a legal and illegal torrent, yet they specifically choose not to do so.
You are talking protocol, we are talking content.
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only the lying downloader is guilty of a copyright infringement.
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You forgot about the lying seeder(s) (who took copyright material and made it available outside of the license - theft and resale), and the trackers that agreed to list the torrent file and assist others to find the seeders and peers to download the file parts from (essentially, a fence with a list of guys that have the parts). You forgot that the peers who download the complete file are not only guilty of copyright violation, but of once again helping to distribute stolen mateiral.
If I steal a car and take it apart and give each of my friends 1 piece, and they all sell their parts to a car parts guy, who uses it to reassemble the car and sells it back to me. Now, is that car still stolen? You bet your ass it is. It doesn't matter if you blow the file into little pieces. It was stolen when I started, and it is STILL stolen at all those steps. It is doubly so because everyone in the chain knows the parts are stolen (I wrote "STOLEN CAR PARTS" on them when I shipped them).
Again, you are waving your arms about and making a whole stink. I go to TPB. I find mostly stolen material. end. Nothing more. Proof done. Move on.