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Old 03-16-2012, 12:54 AM   #6
Elfwreck
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Join Date: Nov 2008
Location: SF Bay Area, California, USA
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Quote:
Originally Posted by Purple Lady View Post
From the article
Quote:
...If a subscriber is found to be downloading copyrighted content illegally, their ISP will send them an “educational” notice...
Which the ISP will know, because the subscriber will have been convicted of a crime.

Oh, wait. This isn't about knowing something has been done illegally because a court confirmed it. This is "ISPs will decide which downloads are legal and illegal, based on their extensive awareness of exactly which content is public domain, creative commons, shared with permission, owned by disinterested parties who don't care whether it's copied, or copyrighted and the owner(s) would prefer it not be downloaded by the person who's grabbing a copy." The ISP will know if this is an author who's regained their rights grabbing a copy from the torrents as a jump-start to selling their own ebooks. The ISP will know if the band that wrote and performs this song has a clause in their contract that allows them to grant permission for their songs to be shared. The ISP will know if the download of this TV episode is for educational purposes and allowed under fair use.

ISPs will also, of course, be happy to confirm the contents of each and every file being downloaded, to make sure it matches the description.
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