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by tsally
5823 days ago
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Stealing a credit card is stealing in itself, you don't actually have to charge anything. The analogy isn't valid. The correct analogy is the fact that you can use Google to find numbers that look like credit card numbers. Similarly, hosting a copyrighted file is illegal. But providing the means in which to find said file is not. There's a reason why the world should work this way. I can use a wide array of objects as a lock pick (i.e. a banana). To prosecute me for walking down the street with any of these objects (including actual lock picks) is just ludicrous. Hence why the law says that I actually have to demonstrate the intention to use a tool to steal something in order for it to be a crime. And in any case, the took maker is usually never liable. It's a very simple idea. Prosecute the criminals, not the people who provide tools which might be used in a crime. Obviously there's an upper limit. For example, a grenade is a pretty unambiguous, single-use tool. That's why selling one is illegal. But most tools have many uses, some illegal and some not. It's an impossible task to go after the tool makers, so just go after the criminals. |
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Your examples are ridiculous.
Here is an example from TPB:
http://thepiratebay.org/torrent/5666626/Adobe_Photoshop_CS5_...
it's for photoshop CS5. The readme, which is on the website, clearly states what it is. There is no confusion. You aren't getting a demo or a trial.
TPB is also not like google because they also run many of the trackers used to download these files.
http://en.wikipedia.org/wiki/BitTorrent_tracker
"Hence why the law says that I actually have to demonstrate the intention to use a tool to steal something in order for it to be a crime. And in any case, the took maker is usually never liable."
If you sell knives, you won't be prosecuted for murder. However, if you have a website detailing exactly how to kill someone, their schedule, and sell knives along with this guide, you probably will be held liable.
"It's an impossible task to go after the tool makers, so just go after the criminals."
It's not impossible to go after the tool makers. By going after TPB, they can potentially stop millions of downloads per day in one shot.