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Originally Posted by Dirty Dane
You can't apply the same precedents to a case with a Hollywood movie versus for instance a case where I have taken some pictures. And you said this yourself: Laws and court rules differs between geographic areas.
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but the situation is identitical in the key points
the swarm has both legitimate and illegitimate uses with in just like your customer base
You have no way of knowing which people are using it legitimately and which are not
just like your customer base.
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I am not against torrents because it can be potential abused. I am against the abuse itself. And when the abuse is known, then you are obligated to do something about it.
Obviously, the only only thing that keeps you from not doing the wrong thing, is your local protection - not moral restrictions...
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but again you still haven't answered the question
how can the pirate bay tell the difference between me legally downloading music from the swarm and an american doing it illegally.
IF they can't tell the difference they can never know the abuse is happening.
If the knowing situation can never happen then it not an issue of morality, becuase you will never be able to make the moral decision because the conditions of the test (for morality) will never happen/
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Also tell me this: How the hell can Canada administrate "piracy tax"??
If I create a CD with my horrible voice, sell it for 10 bucks - does that mean I get 10 bucks from Canada for each canadian IP downloading it in piracy clients? If not, then it is not longer fair use, and a crime. Isn't it??
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CRIA negotiated with the government for a tax (offer) the government agreed to implement such a tax (acceptance) and the government collects and turns it over to CRIA for distribution (consideration).
if you sell enough of your crappy voice you have a right to claim your share of the piracy tax from cria
however since the three conditions of a valid contract have been established, i have a licience for my peer to peer downloads of music just for being a canadian citizen.