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Originally Posted by Herk
So, I'd love to chime in here. Here is my take.
Terms of Service has nothing to do with copyright law. It is a contract. Lets assume that your ISP ToS said that each time your ISP called your house and asked for "Betty" you had to mail them one hundred million dollars. This would obviously be handled the same way and software ToS is handled in court... largely dismissed because not many people read these 20 page documents and we all know it.
Am I way off base? Have I misunderstood American law my whole life?
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Ignorance is no excuse, just because you didn't know about it or didn't take the time to read the TOS doesn't mean you're exempt from it.
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Lets assume something else for fun here. Lets say you have an open network, and a hacker uses your network to hack a government system which ultimately sends the entire economy crashing to calamity.
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This is an extreme circumstance and has no comparison to downloading copyrighted material so it's pointless to respond to.
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Acting like small business contracts have anything to do with law is absurd.
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It isn't a law, it's a legally binding contract between you and your ISP saying you take responsibility for YOUR account. I know, I know it's crazy you're responsible for your account, what a wacky concept.
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To prosecute somebody for something, it must be proven beyond a reasonable doubt that they committed said crime. Proof of action is NOT synonymous with proof of possibility.
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They have proof, they have logs saying that said material was downloaded by said account at said time on said day, they don't need much more proof than that.
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Am I way off base? Have I misunderstood American law my whole life?
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Way off base, start by reading the TOS with your ISP, you'll see you're responsible for the activity on your account, plain and simple, links have been posted in this thread to show that already.