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Originally Posted by Freeshadow
Exactly, since (depending of the d/lers location) (s)he might be allowed to posses the file downloaded (e.g. by posession of the original media)
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If you really think about it, the whole concept that downloading can be illegal doesn't make any sense.
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whereas an u/loader releasing files up "blindly" can hardly control if only ppl who are allowed to download do so.
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Actually, it makes no difference if ppl are "allowed to download" (whatever that actually means). What matters is whether the uploader is an authorized distributor. So, theoretically, even if an uploader released the file to someone who had bought the content, if that uploader is not authorized by the copyright holder to distribute, then it's infringement.