Quote:
Originally Posted by HarryT
Because she did offer the stated files for upload in breach of copyright. What is being debated is how much she ought to be fined for doing this, not whether or not she actually did it. Everybody accepts that she did.
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She offered them, but offering something to be copied is not the same as copying it. If I leave a book next to a photocopy machine, I'm not guilty of copyright infringement.
The RIAA claimed it couldn't be required to prove that anyone actually downloaded the files--that arranging for the *possibility* of illegal copies was the same as actually making them.
(I don't, in fact, claim that no copies were made. I just question prosecutions on the grounds of "we proved this crime/tort was possible, therefore the jury should treat it as having happened." Dangerous legal precedent, that.)