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Let me put it this way. Do you negotiate authorization to download copyrighted material with the copyright holder today? I'm not talking about purchasing material from a retailer, I'm talking about negotiating rights with the actual Publisher/Author anytime you download something? If you download material from a third party who is hosting it, do you have to go back to the original owner and ask for permission to download?
Obviously the answer is no. The reason for that is because authorization is not required for the downloader.
Now think about who does have to negotiate authorization. The people who are making that material available (retailers, websites, hosts). Those are the ones who require authorization, because they are liable for copyright infringement.
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