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So make all the legal arguments you want. No matter what court decisions are rendered and no matter what laws are passed, copyright infringement is going to happen. So these folks should stop suing their customers and lobbying for more laws and instead come up with new business models that pirates can't follow them into.
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I'm not sure how someone that steals your shit unless you give it to them for free is a customer. Kind of like asking banks to stop trying to prevent bank robberies and instead just handing out money to people. You could sell songs for a nickle or movies for $1 people would still pirate because they are cheap ass motherfuckers. Ironically many of these same people bitch about people that are on welfare but they expect "entertainment welfare" by the movie/tv/music industry