Quote:
Originally Posted by Shaggy
Even that wouldn't matter. Proving they have a copy of the file does not prove HOW they got that copy. Possession of a file has nothing to do with copyright infringement.
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Yes, but remember in this scenario they'd have a letter saying he pirated it, and a signed check that can verify that it was him who mailed the letter and check.
Having that admission AND the file on their systems would be enough for most judge's/jury's in my experience. As they have the admission, and proof that they did have a copy of the file in question. Many people are found guilty on circumstantial evidence a lot weaker than that.
Now again, this would be a civil suit, and I'm not as familiar with the civil system--but at the same time the burden of proof is lower there--preponderance of the evidence instead of beyond a reasonable doubt.