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Originally Posted by Alisa
I disagree. While I do think Amazon should check a little more thoroughly on it's submissions, they did have someone giving them identifying information and explicitly claiming that they had the rights to distribute. I really doubt Ms. Thomas had any sort of authorization process at all when she got tracks. Sure, she could've just assumed since someone gave them to her that it was legal to give them to someone else.
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If a copyright holder uploads content to a P2P network, they are implicitly giving authorization to redistribute that content. That's what P2P networks are for. If Amazon does not have to verify the original claim, then why do P2P users have that additional burden?
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I could assume if an item in a store doesn't have a price tag on it that it's free but I doubt I'd get away with that argument when I tried to walk out the door with it. My assumption wouldn't hold up in court. They would expect me to have some basic knowledge of the rules.
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Let's not get into the whole fallacy of comparing IP and copyright infringement with physical products and theft. Those analogies just don't work, the situations are fundamentally different.