Quote:
Originally Posted by MovieBird
I realize we're not talking about US courts, but this would fail the O'Brien test in America. While distributing copyright materials may be against the law, I would see the linking as similar to the actual O'Brien case.
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The claim is not that the operators of TPB are infringing by directly copying works.
It is that
a) Users of TPB are infringing by copying
b) The operators of TPB are infringing by authorising the users' acts, and
c) are jointly liable for them
So whether they do or don't host actual files, torrent files or just magnet links doesn't matter.