[WikiEN-l] Seriously, on BJAODN

[Anthony]

On 6/3/07, James Farrar <james.farrar at gmail.com> wrote:
>
> On 04/06/07, Brock Weller <brock.weller at 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.