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by derekp7 4155 days ago
Last I checked, the most effective way to pirate content is via a protocol such as Bit Torrent which requires you to also distribute pirated content. And that has legal ramifications, which then requires non-trivial methods to obscure your activities (paid proxy servers, etc). Most of us use Netflix not for ideological reasons, but for the pure convenience of it. Compared to Bit-Torrent,with Netflix you can easily browse titles, watch a bit, switch to another one, or watch whole seasons without waiting for multi-hour or multi-day downloads.
2 comments

If you are not adverse to piracy, or you believe you have a valid fair use right to access the content, but you don't want to be guilty of distribution (a much higher penalty) then Usenet is probably the best bet.
> valid fair use right

They seem to be making it tricky to rip DVDs/Blu Rays these days (dirty tricks to screw with Handbrake/VLC) so the only way to get a movie onto my media server is to dl from somewhere after I bought the disc. Ironic, no?

BitTorrent traffic can be encrypted. There is no legal attack vector when used.
Encryption just makes it difficult for your ISP to automatically throttle your torrents. Anyone can still download the torrent themselves and see that you're an uploader.
They would have to get all their pieces from you, breaking protocol. They'd also have to be doing this on a large scale. They'd also either be breaking whatever laws you might be breaking, or they are providing you an implicit license.
"They would have to get all their pieces from you"

If you're suggesting that it's only copyright violation if you download a complete work from somebody, you're flat out wrong.

I'm saying that whoever was proving a violation would have to show infringing distribution of a protected work. Bit torrent pieces generally contain a small fraction of the total work, which could easily be fair use. You'd have to show that the person was actually transmitting a protected work against its license. That piece may have been a short clip in a more encompassing work. You won't know until you get more of the context (other pieces).

So, maybe "they" (person/group alleging infringement) wouldn't have to get all the pieces, but it makes their case much stronger. There can certainly be fair use arguments made for transmitting torrent piece sized copies of protected works.

Nope, still wrong (not 'arguably wrong', plain factually wrong). That's not how 'fair use' works - it's not because you send a part (what you call a 'clip') of a work, that it becomes fair use all of a sudden.
> They would have to get all their pieces from you

Unless you are sharing some packed and/or encrypted media, it's probably streamable and even sharing a part of it is enough to break the copyright laws.

> Anyone can still download the torrent themselves and see that you're an uploader.

Not exactly an uploader, but a peer.

All a downloader knows about his peers, is that they have pieces of that torrent.

> is that they ^^claim to^^ have pieces of that torrent.