Quote:
Originally Posted by ahi
Correct.
Laws made like you theorize in your first paragraph would mean that if I posted one of the Harry Potter books in plaintext (or even just a few chapters thereof) into a thread, all the people that viewed it (including the moderator who eventually removes it) would be guilty of copyright infringement and liable to full prosecution and penalties. Even if they only realized it was copyrighted after the page fully loaded, no account of my titling the post "Hot deal on the PRS-600". (Viewing a webpage does COPY data from the internet onto your computer, you know!)
- Ahi
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1: Despite your implying by your response that you do know the technicalities of the legal system I am left with little doubt, from what you have written, that you have no more in depth knowledge than myself and are merely pontificating based on your opinion of how the law applies.
2: One can always argue the exceptions to the rule of course. Just as when Bill mentioned "if you download something that you have not paid for......" the immediate response was "what about Baen who gives stuff away for free?" Quite obviously that is not what Bill was referring to but I suppose it is easier to argue it that way in order to make his point look invalid.
3: If you clearly labeled it incorrectly there would be no copyright infringement because the downloader would have no intent to commit copyright infringement. One thing I do know about the law is that intent is required for an offence to have been committed. There can be no intent if the file is labeled incorrectly.
4: If you only uploaded "a few chapters", and clearly labeled the file as being such, and I knowingly downloaded those chapters then I'm not sure how the law would see that.
5: If you uploaded the entire book, clearly labeled it as such and I knowingly downloaded that file then, again I am no expert and I do not know how the law would apply.
Cheers,
PKFFW