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Originally Posted by Due
The difference is the intend.
It's a hell of a lot easier to prove intend when an individual user install an application where the purpose is to only route specific types of "packages" through the internet to combine them into a complete product where the usage and/or distribution of that complete product is unlawful.
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you just made my point for me
ever since timeshifting in a cloud has been validated by supreme court the intent of p2p user is no longer just infringement
so all of the point you made about the infrastructure provider apply to the p2p transaction
my intent is to use the swarm as a timeshifting/backup cloud, for content i paid for
the only way you can make that illegal is claim that even 1 infringement happening anywhere within the transaction invalidates all the transactions within the process
guess what same logic would have to apply to the internet, intent be damed.
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It's not by any chance compare-able to legitimate infrastructure providers. On top of that an infrastructure provider can be found guilty if they knowingly let their users / customers / agents misuse their networks.
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again supreme court decision to allow timeshifitng in a cloud changes this again
the process is not infringing by it very nature
there are both legitimate and illegitimate actions within the very same swarm
and the seeders have NO IDEA which people in the swarm are which.
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The difference is the infrastructure providers do not know exactly what passes through, they may have an idea but the private p2p user can see exactly what passes through by looking in their client software.
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wrong tpc/ip has information in the header that tells you what is bieng passed, what they don't know is weather it infringing or non infringing,
see above.
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That's not 100% correct, while the investigator may have the right to download the content the investigator may be able to see who your peers are to determine you are seeding it to 3rd parties or the investigator may be able to get a court order to investigate your computer based on their findings from where they can gather their evidence for a full blown case.
Besides, just because you are an investigator doesn't mean you have the rights to use a full version of what you are sharing.
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but you do have a right to download it so that validates the transaction
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Throw a 3rd person in it and it's a conspiracy, look it up.
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except you eliminate the crime at the same time which invalidates the conspiricy too
look it up
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And it's not the same as a cassette, you can lend your friend a cassette with knight rider to a friend but you cannot take a copy of your cassette and give him the original or the copy, then you duplicated and distributed the content. You are allowed to make backups of your cassette but if you let someone borrow 1 they have to take all backups too.
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re read the testimony of JV when the mpaa was attempting to tarriff VCR because the fair use of timeshifting went too far
everything you are saying is not allowed, was explictly complained about (along with making commercial free copies)
those rights were all established with timeshifting right in the past, stop trying to take them away from the new technology.