The standard of proof in a civil case is something more likely than not. The only way the guy could defend this would be to hire an expert witness to attack the technology. So basically he is looking at a minimum of 10k in addition to his attorney?s fees to be able to discredit the technology. And what?s in it for the defendant to fight the case? Even if he wins he is still out all his legal fees and the public including his employer, pastor, wife, kids and neighbors knows what kind of porn he looks at. Why not just pay the $150 and make it all go away? I think most people would be willing to cough up a couple of thousand just to make it all go away.
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Originally Posted by Nathan
I actually wonder how their "foolproof" software works too... Considering that it is likely not enough in court to actually prove that to ip at some point download a cluster from the torrent, but that it downloaded every single one and did not miss a single one of them, since without all the file is not usable usually. At least if certain parts are missing, like the beginning or end.
I also wonder how they prove that the file called XYZ is actually XYZ...
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