Originally Posted by Alisa
I don't believe it follows that just because Amazon's effort was not sufficient in all cases that making no effort is then acceptable.
I would agree. However, my point is that they both need to be treated equally. Either Amazon and P2P users are both responsible for verifying, or neither is. Saying that Amazon is not, but P2P users are, when they are doing the exact same thing, is a case of making rules apply differently depending on whether you are a large corporation or a private individual.
I was not comparing the infractions. I was comparing what is expected of people in our society as far as making sure their behavior is legal. If there is no price tag, a reasonable person would expect they would need to ask what the price is, not that they could just assume that it was there for the taking. If Ms. Thomas just assumed she had the legal right to redistribute those files without asking anyone or checking up on it, then she clearly was told by the courts that it was not the case.
If we must compare it to theft... how about
If there is an item on the shelf of a store with a sign on it that says "Free: Take one.", how much responsibility does the shopper have to verify that the store is the one that put the sign there and not some other person.
Still, I'm sure there are plenty of flaws in that analogy as well. Infringement and theft are fundamentally different, you can't really make a useful analogy between them.