On 6/3/07, James Farrar james.farrar@gmail.com wrote:
On 04/06/07, Brock Weller brock.weller@gmail.com wrote:
It does not. Them recieving it is not the action that causes the infringement, but rather us giving it to them that does.
Ah, but "we" don't give it to "them"; "they" take it. It's "their" action, not "ours".
Even if you successfully make the argument that the downloader is the one doing the infringing (an argument which I thought you said was "fucked up"), in the case where you know about the file, you're still liable for contributory infringement. If you don't know about the file then you've got the DMCA protection anyway.
Oh yeah, and even if you're not copying, and not contributorily liable, you've also got the "distribution" and "public performance/display" problems to deal with.