Quote:
Originally Posted by HarryT
In most cases it's perfectly clear. If you download the latest blockbuster movie from a bittorrent site, ...
|
No Harry. In the vast majority of cases of download it is not clear at all.
I will bet that you have downloaded over a thousand files today. I have downloaded well over a thousand files today and so have other people on this site.
How do you propose to write a law that would distinguish between casual/automatic download of my avatar file or a book that you have so generously provided for our fellow Mobilereaders and download of a copyrighted picture or a copyrighted book? You have to be very clear when writing a law. The file is a file, and it is very difficult to describe the difference between files you can download and files that you can't. The law will be used by:
- clearly thinking fair judge that understands all technical nuances
- judge who is just before retirement and doesn't understand what a file is
- tear-gass wielding over-aggresive policeman that will look for excuse to find anything against you.
- by sleazy lawyers working for RIAA
- by corrupt government official looking for something, anything, to use against the dissident.
- ...
How is the downloader supposed to know whether the file he/she is just about to download contains a copyrighted work? How far should the downloader go when performing due diligence? Is it *possible* for ordinary person to know whether the file he/she is downloading is copyright protected?