Quote:
Originally Posted by Rathji
You are totally right.
With a torrent, I think the process to solidly investigate would pretty much require a 'catching them in the act' kind of deal. Even possession of the file, confirmed ip address indicators and the torrent software, shouldn't be enough to prove without a doubt that someone is guilty. Even having 2 people in the same house with equal access to the computer should be enough to cast the necessary doubt.
Of course what do I know, I am just a lowly System Admin. The day I get to decide what is legal and not is a sad day for our nation.
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These aren't criminal prosecutions, though. These are civil suits for damages. The standard to meet isn't "beyond a reasonable doubt" but the lower "balance of probabilities". A judge or jury could be convinced it was probably you sitting at the keyboard downloading the infringing materials though the plaintiff is not able to conclusively prove it was you beyond a reasonable doubt.
Frankly, I wouldn't be surprised if a lot of the new legislation aimed at preventing internet crimes and illegal downloading don't incorporate changes to make the person to whom the IP or MAC address is registered liable. Somewhat analogous to getting a registered owner ticket for speeding.