Quote:
Originally posted by tinfoil
I don't see any fair chance here. Example:
A company rips of the Mac OS, I mean totally rips it off, and gives it away. You download it and install it. Are you, the person who uses the program guilty of copyright infringement or are the people who ripped it off?
I don't like the RIAA, but they aren't the ones infringing on Sharman's property. The company that makes KazaaLite is.
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I disagree with you from the point of view used by the RIAA. Their argument against Kazaa was not that Sharman used the software to violate copyrights, but that Sharman used it to encourage others to violate copyrights.
In this case, the claim is that RIAA knowingly used software that violated Sharman's copyright's for the sole purpose of accessing Sharman's servers. So, if you accept that it is a copyright violation to create and make available software that allows others to download copyrighted material, then it is likewise a violation to knowlingly use software that violates copyrights to break into someone else's server without their permission.
Frankly, I think it makes an interesting case. But then, I hang around too many lawyers.