Of course, but whether a crime is avoidable is not germane to questioning whether or not the punishment fits the crime. This, in turn, has no bearing on the punishment’s status, but blithely suggesting that since it’s easy to not commit the crime the punishment doesn’t matter avoids the question.
What difference does any of that make? They know the packets for this song came from you machine. Maybe the packet came originally from some other computer but that only matters in some very narrow legalistic sense. You are still running a program that is facilitating the sharing. I don’t believe that a country that has passed the law in the OP will buy that individuals are common carriers and do not need to keep track of what their machines are used for.
Packets are relayed through other nodes as proxies. The downloader doesn’t know what the IP address of the uploader is. Since the packets are encrypted the proxies don’t know what data they’re handling.
I suppose you could nail the proxies anyway but they most likely aren’t in your country. Coding the network to never have a proxy connect to another computer in the same country wouldn’t be that hard.
" XYZ affair part 2! France demands elderly couple in Boston have there net suspended or else. 2 Congress men die of laughter"
That brings about another problem with enforcement. Say I VPN into a Russian connection, or even just use a Russian proxy. What’s France gonna do? All my traffic looks Russian.
Losing internet access is a slap on the wrist. In the U.S., illegal reproduction or distribution of copyrighted material can be a felony offense. That means prison time. As well it should. Pirating = theft.
So what? You or I are not common carriers.
I want a cite saying this is a criminal offense in the US. The only cases I have heard about are civil cases.
Care to respond to the rest of my post?
The internet is bigger then France and you it. Explain to me how the French are going to regulate proxies outside of France.
Good cite. Are you aware of anybody doing the sort of file sharing we are talking about being prosecuted in criminal court?
Yea and by that logic trademark violation = theft. You ever ask someone to Xerox you a copy on a nonXerox™ brand copier? You’re a thief! You stole their intellectual property you criminal. Off with your head.
This guy was running the server for a file sharing group. Suspect guys like him are much more likely to be prosecuted than people that just download a few files.
Nope. Go look up what trademark infringement actually means, and then report back with how wrong you were.
Who cares. Only a tiny minority of people have the time and expertise to set up such a thing.
Ha!
I love the how confident you are in your complete wrongness.
Tell me an office person hasn’t asked for a company document to be Xeroxed on a nonxerox printer. That is is an illegal use of Xerox’s intellectual property. How many years of prison with murders should those criminals surve? Even if you limit it to commercial activities they’re still guilty.
When come back bring pie, but not pie from a bake off unless it’s an official Pillsbury Bake Off™. Don’t want to make a criminal out of you.
Strike two. Calling a copy machine a Xerox machine in my own damn office does not constitute trademark infringement. Marketing an offbrand copy machine as a “Xeroxer” would. Try to have a clue what you’re talking about in the future.
You don’t need skills to set up a proxy. Any idiot can learn to do it. Pirates generally are more tech savy anyway.
Even if someone can’t figure out the difficult task of filling in the IP and Port fields for a proxy config; just install a program like Freeweb. You can bet they’ll add counter measures if France starts targeting nodes.
“Your own damn” office is diluting the Xerox trademark and robbing them of the value of it so you’re committing theft by your own logic.
Strike Three. Provide a cite that says a non-commerical error in calling a copy machine a Xerox machine constitutes a trademark violation. I’ll accept caselaw from any U.S. court. Wikipedia, especially a wikipedia article you have clearly misunderstood, is not acceptable.
But isn’t my download speed at the mercy of the foreign proxy ?
Ip address, port fields? You have left 95% of the people behind. This is way to complex for most people. Sure lots of people could learn it if they put their minds to it but most wont.
Freeweb suffers from from the fact that the record companies will look for music and Freeweb and start downloading it. If they get packets from people in France they will try and make the case that those people in France are sharing the files. I am skeptical that the courts will side with the argument the that particular node on free net is innocently passing the packet along and not sharing the file.