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Originally Posted by sapiens
And so you have violated the terms of your agreement with your service provider (at least as outlined in the TOS you cited). It does not necessarily follow that you are legally responsible for the downloading of the copyrighted content.
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If you've violated the TOS then you're responsible for the material, it was done on your account, which you are responsible for, doesn't matter if you downloaded the material or not, if it was done on your account, it's your responsibility.
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You know that silence means that you know they're going on but you don't try to stop them, right? You're silent when you should be protesting. That's what it means. It has nothing to do with knowledge of the act. That's a separate issue.
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Silence in this situation may mean that, depending on the persons interpretation of silence, you have your way, I'm sure a judge has a different way.