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Old 05-10-2012, 09:03 AM   #200
zzroger
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zzroger began at the beginning.
 
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My take on this is. The investigators spotting your IP being used for downloading a torrent.
We will have to assume that the investigator's word is accepted by law, or, they must have evidence of some sort to say that that IP was being shown.
If that evidence does show (acceptable by legal standards) that that IP was used, then an application is made to the ISP as to whom was using that IP address at that time.
Again, assuming that the users name that comes up is yours, at this point 'in balance of probability' then you were the registered user of that IP address. There is no absolute proof. Just a probability. Errors have been known to occur.
If we then throw in some doubt as to who was actually downloading at that time, then that previous balance of probability alters in the defendents favour.
There will be no 'beyond a reasonable doubt' that's not at issue in this type of trial.
But as someone said above, lets let the penalty suit the crime, if the judge decides that 'on balance of probability' you commited this breach (copyright infringement is not a crime, it's a civil issue), but the probability is skewed a tad toward the defendent, then fine the defendent a salutary amount and smack the wrist. If the judge has a high degree of certainty, then award damages to the amount of damage. Which in my opinion is, not a lot.
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