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Re: Megaupload.com seized


From: Jay Ashworth <jra () baylink com>
Date: Fri, 20 Jan 2012 11:14:16 -0500 (EST)

----- Original Message -----
From: "Robert Bonomi" <bonomi () mail r-bonomi com>

Mark Andrews <marka () isc org> wrote:
I suspect most file sharing site don't have illegal content. Most
would have some content that is there without the permission of the
copyright holder. These are different things.

<nitpick>
"Without the permission of the copyright holder" _is_ contrary to
statute, and thus 'against the law'. As such 'illegal' is _not_
an incorrect term to apply to the situation.

It may not be a _criminal_ violation, but it is still proscribed by
law.

"Illegal" and "criminal" -- _these_ are different things.

<nitpick level="2">
The *act of making the copy (available)* may be contrary to law (and whether
the law should make this particular category of copyright infringement a
criminal offense, rather than the civil one it's been for over a century is
a completely different topic :-)...

but whether the *contents of the file themselves* contravene some law is,
I think, the issue that Mark was talking about, and clearly we all agree,
a copy of Gigli, while a crime against nature, is not inherently criminal,
in the way that a Traci Lords film is.

Cheers,
-- jra
-- 
Jay R. Ashworth                  Baylink                       jra () baylink com
Designer                     The Things I Think                       RFC 2100
Ashworth & Associates     http://baylink.pitas.com         2000 Land Rover DII
St Petersburg FL USA      http://photo.imageinc.us             +1 727 647 1274


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