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Originally Posted by Dirty Dane
That is correct. But as long you do not understand the difference between what I am talking about; known activity versus the potential of a situation, then you won't be wiser. Maybe you do not want to understand it, because I have explained this 100 times to you by now: The situation is irrelevant. A swarm is technically just a bunch of unknown (to start with) people sharing something. If they did it offline, lets say a marketplace, share free food legally, does not mean they could share nuclear weapons legally. The situation, i.e. "it is a marketplace", is irrelevant, if you know what is shared or traded.
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i understand the difference but you obviously don't. as shown by you below answer
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First, if you can identify the downloader, then there are no doubt if it is illegal or not (assuming you know which countries have the rights to share). Even if 90% of the downloaders are canadians and doing it "legal", 10% others without rights will still be doing it illegal. No matter the percentage, if you receive a letter about this illegal activity, then you should react upon it. The situation is known.
Besided terms, for prevention: Many countries are practising solutions regarding rights. For instance, broadcasters that have bought rights to show something live or on-demand for their own citizens only, but for free - lets say a sport event or music concert - then they can prevent foreign IPs access it. However, if they allow foreign IPs access, that would be a violation of the terms and rights.
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i am a canadian who bounces down to the state to do consulting work, if i download music in the states i am still covered by my personal copying exemption
The pirate bay can't tell the difference between me (100% legal) and a regular US (illegal if you assume i an wrong about recovery rights).
there is no way to determine if an infringement has occured until AFTER the transaction has been completed because ip address information doesn't give you identity information at the time of connection.
Just like your Virtual CP example, the crime is a potential one when it happens.
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Even if it is impossible to eliminate illegal sharing, there are many ways to reduce it. But one thing is for sure; contribution or endorse it, will not help. Since this thread started, thestatus of the pirate bay has been change, and how it will work in the future is unknown. But I hope it will be in the right direction, where both users and content are identified.
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again how, you don't know what is illegal vs legal until after the transaction is done. The only way to reduce it would be to change the laws to make potential support of a crime just as illegal as "knowing" support. Of course as i have pointed out that would make you guilty of helping to produce CP when your content is used in the production of Virtual CP too.
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Well, if some canadians can download my hypothetical homemade crappy CD for "free", just for being canadian, then my share should be unconditional. Otherwise, I would look at it as the same logical way as some country trespassing another country, without full compensation for damages and without any reason than just because they can. If you truly believe in your own statement above regarding human equality... then do you not also believe that no group of citizens are superior to others? Or?
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my personal copying exemption is a fair use right as a canadian, if you take the copyright protection (have rights to sue for) you accept the exemption under the conditions negotiated on your behalf by the CRIA.
If you don't accept the copyright protection, then the content is in the public domain anyway so there is no liability.
you can't have it both ways (take the exclusive rights, and not accept the fair use)
fair use must be accepted by every copyright holder who claims the exclusive rights of copyright act whatever country it is that is defining the fair use rights