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Originally Posted by Dirty Dane
If you know a crime is happening, then you do not need any precautional investigation. It just happens, and the only way to prevent it, is by not allowing it. But if you say go ahead, then it will happen more often. If a website is contributing to millions of criminal acts each day, and 90% of the activity is illegal, wouldn't it be wise to consider shutting down the website instead of going the opposite way and end up in jail?
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first off you are pulling the percentage out of your ass, fair use makes a lot of those "illegal" activities perfectly legal
but let just say you are right let go back to the virtual kiddie porn
and say there is a 10% that one of your customer will make virtual kiddie porn (yes i pulled that number out of my ass but so did you and i put way down on the legal side unlike you)
the likilyhood of it happening at least once is 1-(.9)^x where x is the number of sales
after 21 sales you are above the 90% (21 sales = 89.0581010868488%)
i am assuming that your content has been sold more than 21 times total, that being the case do you believe that you should go to jail for your contribution to making kiddie porn WHEN the content is identified to be yours.
If not why do you believe that the torrent sites should, especially when they think that it really only like 3-4% illegal when you take into account fair use.
remember both of you are 1 step away from the actual infringement.
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Everyone should have equal freedoms, yes, but it makes no sense to talk about equality of something that is not a freedom. Others property is not a freedom for you to have unless they give it to you by free will, or majority decide so. Acting criminal will not change that. Only your given freedom of speech can. That is called democracy, and even if the swedish judge was taking side, he would still represent the majority.
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the right to do what you are legally licienced to do with content (including fair use rights) is just as sacrocant as the feedom of speech, considering that one of those fair use right is parody and therefore has both the right you are talking about and copyright granted rights of fair use, they have more of a right.
if the justice system was just a majority rules we would need the supreme court, abortions would be illegal and porn would be the same as prostitution
the judges responsibilty is to represent the letter of the law, and when that is not clear the spirit or the intent of the law when it was drafted, not the majority.