Quote:
Originally posted by sycamore
As far as entrapment, nah...free choice as to whether to download or not.
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Yeah, and the guy who propositions an undercover cop on the streetcorner has free choice whether to proposition her or not. It's still entrapment if the cop is openly offering a service, as compared to standing there and being made an illicit offer.
No money's changing hands in P2P, but the principle still stands. The downloaders are actively searching for the goods, but the uploaders have to actively put it in a shared directory and effectively say "Here, you can have this" for it to be accessible, and if the uploaders' act doesn't happen, there's no violation.
Where it's going to get quite ugly is when the RIAA's searchbots misfire -- it's not like it <a href="http://news.com.com/2100-1025_3-1001095.html">hasn't happened before</a>. Whether it's gray-area stuff (remixes, sampling, etc.) or mistaken identity, how many non-infringers will be able to afford to defend themselves, given that the RIAA is eschewing warning letters and suing on the first offense now?