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by rprasad
5538 days ago
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That's not how the presumption of innocence works. I say that as someone who has practiced both civil and criminal law. Presumption of innocence only applies to crimes. Copyright violations are not crimes, they are civil torts. (Though some actions incident to copyright violations, i.e., circumventing DRM, can be crimes.) Can dropshiip be used for illegal fire sharing? YES, in fact, that was the suggested and intended use. Under American case law, which governs Dropbox, that alone is enough to constitute a DMCA violation (see, e.g. Napster, Kazaa, and succeeding cases). Dropbox took dropship down to prevent future legal issues. Since it's their service, they don't have to wait until they occur actual legal liability to act. |
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That being said, I realize Dropbox(or Corporate entities in general) is not government and/or legal system and it is not required of them to follow laws, which are applicable for governments.
However, Laws are legal representation of morals/ethics, which are applicable for every entity in the society, for its effective operation.
While the law is codified as Presumption of Innocence, its underlying sentiment, from moral point-of-view, Judge/punish based on definitive actions not speculations, are applicable for all entities of the society.