Re: How much latency do you add to torrents?

On Fri, 13 Dec 2024, Oliver wrote:

> On Fri, 13 Dec 2024 10:59:07 +0100, D <[email protected]> wrote 
>>> But nobody in the USA has ever been convicted of torrenting (there was one
>>> set of cases which were overturned 'cuz the lawyers lied during the 
>>> trial).
>> 
>> Wow! Very interesting. I was not aware of that, so thank you for bringing 
>> it up.
>> I've seen the occasional post on torrentfreak and given the US legal 
>> culture I
>> was absolutely sure of it.
>
> The reason is complex but it's simple also in that USA copyright law
> requires something like half a dozen or more tenets to be satisfied, every
> single one of which *must* be satisfied in order to be considered
> infringement.
>
> I'm no lawyer so don't bring this thread to your next deposition, but the
> way I understand it is that the prosecution needs to prove you (and only
> you - not someone in the house whom they don't know) *distributed* the
> entire copyrighted movie, in its near entirety, to a person or persons.

This is an interesting question, given that a lot of internet connections 
are household connections. I assume that the legal eagles get past this by 
simply shifting liability to the owner of the internet connection in case 
of trying to pin point exactly who it is in the household who committed 
the crime. But if in the US, they need the specific person, I can see how 
this might make things a bit more complicated.

> There are plenty of other tenets which must be fulfilled, but that is the
> gotcha that explains why there has never been a successful USA case of
> copyright infringement via torrents (that was fought by the defendant).
>