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Originally Posted by Shaggy
No they aren't.
The downloader requests a copy, the uploader gives it to them. The downloader never has direct access to the original file, and cannot make a copy themselves.
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Ummm... sure. This is all a little disingenuous regarding peer to peer networks in any case. No one is uploading the copyright works, they are making the file available on their computer and notifying the world by uploading an informational file to the peer to peer network. They then run a server on their system that responds to requests to make copies. It is the server that makes copies. However, if your argument held water, if you were to upload the work to an FTP server, you would not be guilty since you haven't copied the file there... you sent a request to the FTP server which is what acutally copied the file. So really, the FTP server owner was guilty, even if he didn't authorize your upload.
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Forget about the technology involved, it doesn't matter. Think about if you walk into a book store and ask the clerk for a book behind the counter. He pulls it off the shelf, makes a photocopy of it, and gives you the photocopy. The original book remained in his possession the entire time. Who committed infringement?
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You both did. The physical act of copying is only part of it. I bet if you actually read the law on the books in the United States, you will find the words "Cause to be copied" or similar involved. Else, you could run a press that sold pirated copies and as long as you never ran the physical printers, you would be innocent (By your logic).
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Bill