Gideon, if you are going to argue a point of law, you need to learn how to read law.
"evidence of reproduction or distribution of a copyrighted work, by itself, shall not be sufficient to establish willful infringement"
Let me try smaller english for you.
Just finding that a copyrighted work has been copied doesn't mean it was given away with the plan of getting around copyright. Just finding that it was given away to someone does mean that it was given away with the plan of getting around copyright.
Got that? We agree, right?
Taking a copyrighted DVD, example, and making 1000 copies and handing them out to people is willful intent, right? The intent is to give a bunch of people something that they likely don't have the rights to. To even make 1000 copies, you have to violate the terms of purchase, right?
So, taking the same DVD and putting it up on a torrent site accessable for free by tens of thousands of people IS the intent to violate copyright. The person putting it up doesn't care if anyone else who receives it has the right to or not. In many cases, the product they are putting up isn't even available in retail or in that format, yet they do it anyway. In the case of many software packages, they include a "crack key generator" or similar, or provide a cracked copy (no user info required).
The intent is clear.
TPB is part of the process of this infringement. Without TPB and their trackers, people wouldn't be able to find these files. In your own words, "THEY ARE A CONTRIBUTORY INFRINGER" because they are very much aware that much of the material on their site is used without permission. They have the DMCA notices, the legal contacts, and the noticed from the MPAA and RIAA to prove it.
So you and I agree. TPB is breaking the law, particularly they are breaking the EU law on copyright. The only think protecting them is a hair thin crack in the Swedish legal system that the goverment there appears to be loath to fix.
if any of the owners or operators of TPB came to America, I would expect them to be served on the spot, and potentially even face criminal charges. They have taken literally hundreds of millions of dollars out of the economy with their little games.
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