Quote:
Originally Posted by baddog
Then why are they not whining about that decision? They are talking about an appeal based on the fact that he was not allowed to argue fair use.
No one [other than you] is arguing the distribution issue.
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do you not understand that fair use is connected to the illegal vs legal distribution.
if the person who is downloading from his sharing (initiated by the downloader) has a fair use right to the content. There is no illegal distribution. It would be just as legal as if copyright holder and explictly said it was ok to get it from him.
for two reasons
1. it beyond his control (initiated by the user)
2. the act is covered by fair use and therefore outside the scope of the exclusive rights of the copyright holder.
claiming the he admitted he was guilty simple because he acknowledged that he shared the file, and that media sentry downloaded 30 songs from his folders (initiated by media sentry)