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Old 11-17-2012, 12:13 PM   #375
Hellmark
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Join Date: Jun 2009
Location: O'Fallon, Missouri, USA
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Quote:
Originally Posted by BoldlyDubious View Post
About "being marked for life", this is what I wrote in my proposal:
When a buyer gets fined for illegal distribution at time Y, she/he cannot be fined again for illegal distribution of files she/he bought before time Y.
So you are not marked at all. You get one single fine, and that's it. Finished :-)
And humorously enough, based on that wording, you're protecting them from multiple offenses, rather than doing a simple double jeopardy defense. Say someone buys a bunch of ebooks, strips the DRM, and then releases them online. They only at first get caught for one of the ebooks, and are charged with that. Now, they're protected against all of the others, that get found later.

Quote:
Originally Posted by BoldlyDubious View Post
What?!? By your definition of blame, if anyone gets robbed it's always her/his own fault if that happened...
Actually, that's the takeaway from your particular wording of things. You have to be very careful about your wording, because while you obviously didn't intend that meaning, a good lawyer can take and twist things around, and totally negate your intent. Plus once something gets used a particular way in court, it becomes court law, and gets used as a means to further use the same method in later court cases of a similar nature.
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