Quote:
Originally Posted by stonetools
Both acts require that the rights holder make a complaint that must satisfy the administrative agency before any action is taken. Both acts have notice requirements allowing the target multiple chances to respond and show that the complaint is without merit.
Both acts allow for judicial review by the courts at the blocking stage.
Notably, the defendants targeted have never sought to defend themselves before either the agencies or the courts (indicating, most likely, that they have no defence).
Do you really think that TPB has a realistic defence to the claim of copyright infringement. If so, by all means, present it. This ought to be enlightening.  |
Neither requires proof--just evidence. Penalties are levied based on accusations, and the accused has to pay to prove themselves innocent. The fewer resources the accused has, the more likely they are to have to just take the penalties. Inability to file the appropriate papers on time and pay to challenge an accusation is not the same as admission of built.
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TPB can claim the same defense to the claim of copyright infringement that Google has... it hosts a search engine, not files. Google, too, directs people to copyrighted materials, which they are supposed to not use if they don't have the rights to.
With the recent
ruling in the GSU lawsuit, "de minimis" copies can include those made available but not downloaded; someone filing claims against a torrent site would have to show not only that files were listed, but that they were accessed.
The ruling also has a number of features that lean toward "if there's no legit digital copy available for sale, there's no infringement." Providing torrents to out-of-print books and songs, and movies not available for sale, may require publishers to show that they're somehow being damaged by the use of files they've decided not to sell.
I don't believe those are complete defenses, but they are viable approaches for defense, at least in the US. What kind of defense TPB will mount depends rather strongly on what country charges them with what crimes.