Quote:
Originally Posted by Kali Yuga
Disclaimers like that are a thin fig leaf that doesn't really absolve the site of its responsibilities. The site is distributing the title to an area where it is not yet in the public domain, thus it's infringing.
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Are they distributing (an active act), or are they making available for download (a passive one)? The act of distributing (downloading) is triggered solely by a deliberate act of the end user, unlike P2P where background transfers can happen automatically.