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Originally Posted by BoldlyDubious
Maybe you're exaggerating a bit? In particular by comparing getting a fine of a few hundred dollars/euro to going to jail for child porn?
It's simple. In my proposal, if (notwithstanding all your precautions) someone steals your media files and uploads some of them, you risk getting a fine. ONE time. Then you can't be fined again. Not only for the file(s) that already appeared online, but also if any other media of yours that you bought up to the date of such appearance get uploaded later.
I'd say that this is not unnecessarily harsh. And maybe the money of the fine are well spent, if they let you find out that your PC has a backdoor that someone uses to access it. Next time they could steal your bank data, or your medical history, or...
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Part of the issue too is you'd have to essentially go against preexisting case law, and written law, to set a different amount for the fines, or else things could get exorbitant. Right now, MPAA and RIAA trying for $1500 per infringement, which they define the infringment as each time someone downloads it for you, and that on average 93 uploads occur per person. And yes, they recently were awarded that much. Person will only be charged once for that, due to double jeopardy, but they still have to shell out 1.5 million.
Still, you're pushing that the person who is the victim, still pay the fine, because it was ultimately their files that were uploaded. You're still talking about millions of people. In a recent study, they found approximately 30% of all computers in the US are infected. Another study from a couple years ago showed that roughly 25% of all computers were part of a botnet (meaning, the infection they had allowed someone to remotely control the computer entirely, and able to do so en mass.) Each of those infected machines is potentially able to leak data, your data.
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Originally Posted by HansTWN
Sure the owner has a defence. It is easy to show that your computer has been hacked, if you haven't handed the file to anyone else. Such hacking always leaves a trace. If you did, well then the investigation continues down the line until they get to the uploader.
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It isn't as easy as you think. A good hacker, clues left behind (if any) are subtle, so difficult to really find anything. Chevron just discovered about a weekago they were infected by the Stuxnet virus, and had been infected going back as far as 2010. If a multinational corporation with tons of money spent on IT can take two years to find a virus, then what chance does Joe Blow on the street?