The recent Supreme Court indirect decision (by refusing to hear the 5th Circuit Court appeal) stated that the downloader is responsible for checking that the content is not under copyright with regards to music files. The same could apply to literary works.
The judge even said that there being a copyright notice on the physical CD in retail stores was sufficient and the young lady could not be considered an "innocent infringer." Evidently, a disclaimer or warning message was not required in this case. And the location of the original file was irrelevant.
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