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Old 03-31-2010, 07:24 PM   #6
Elfwreck
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Posts: 5,187
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Join Date: Nov 2008
Location: SF Bay Area, California, USA
Device: Pocketbook Touch HD3 (Past: Kobo Mini, PEZ, PRS-505, Clié)
Quote:
Besides monitoring internet forums and private BitTorrent sites, the student will be expected to make "trap" purchases of illegal material, to issue copyright infringement notices, and even to develop automated bots that will scan for pirated files.
There's a problem with that part:
If the purchases are authorized by the copyright holder, there's no infringement.
If they're not, the kid is also guilty of copyright infringement.

This was one of the problems in trying to track torrent use--if the downloader is authorized by the RIAA, he can't prove illegal filesharing, because he hasn't received any unauthorized copies--if the filesharers only give copies to people authorized by the RIAA to receive them, no laws have been broken. (If he's not authorized, then he's as guilty as the person they sent him to go find. No agent is going to work under those conditions.)

In order to prove violation of copyright, they have to find an *unauthorized* person receiving the copies.
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