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Originally Posted by bill_mchale
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.
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That is uploading.
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It is the server that makes copies.
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Exactly. The server is run by the uploader.
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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.
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No, you sent the actual file.
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I bet if you actually read the law on the books in the United States,
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I have.
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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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What you are talking about is indirect infringement, aka contributory infringement. I already explained that in another post. You would have to prove that the receiver KNEW that the distributor was not authorized to distribute copies and that the receiver's actions caused or induced the distributor to violate copyright.
There is no way that you can know if the source you are getting anything from on the internet is authorized or not. Most of the time you don't even know who the source is.