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The question isn't whether or not file "stealers" should be prosecuted. The issue here is whether the companies and authorities are stacking the deck unfairly by writing laws that essentially make us all criminals, and therefore liable for prosecution if we just happen to be the one somebody else names.
Right now, that is the situation (in the U.S.). If Apple, for instance, decides I have been stealing from iTunes by disseminating their files for free, whether they have proof or not, they can take me to court. They do not have to present their proof first, in order to drag me into court. They can unilaterally tell my ISP to cut me off, without informing me first, and without proof that I've done anything wrong, my ISP will (in most cases) comply without question. I am considered guilty until proven innocent, at least initially.
This is the state of U.S. laws on digital file protection today. Unlike other copyright protection laws, digital laws allow the accuser to take unilateral steps against the accused before due process, and that's what needs to be fixed.
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