Quote:
Originally Posted by Rob Lister
I am the 'registered user' since I pay the ISP bill.
If on my network there are 5 users, then the raw probability that I visited any given site associated with my public facing ip is .2
Something above .5 is required for a preponderance of the evidence.
So for that standard of proof, you need additional discovery.
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That is my point entirely.
There is a start probability and that is, that the IP address discovered by the accuser was associated with 'you'.
Your point of 5 users has now diluted that probability.
Basically what it all comes down to is, in law someone who downloads a file should be not be worth prosecuting.
If it can be proven that that IP address is associated with the originator of the file, then the case should go to court and a penalty levied, if found true. After all, the original poster had the intent to allow others to copy that file. That person is causing damage to the copyright holder.
The ones who make a copy are 'most likely' making said copy for their own use. Still in breach of copyright, yes, but not worth pursuing for damage.