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Originally Posted by FIREWALL
The part in that article that bothers me is the ISP part.
With people driving around in their car and stealing internet service. An innocent party could be accused of stealing music.
I know I'm simplifying this but it could happen.
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You just described the main hole in their case. Bigger than any you can possibly imagine. Now let me describe another - Trojan. At this point, you have no control over your system. They could upload from hidden directories easy too and you would never know unless you watch your router lights, but I know to do this once in a while, but do the typical inet users?
I've been analyzing the people given suits though. Most of them usually are sharing quite a bit and not typically the downloader.
Now let me describe another scenario - Suppose you used bittorrent and downloaded something but got something other than what you expected? This has happened to me. So now I could be unwittingly accused of something that I didn't intentionally do? Does it matter than I deleted the item immediately? I guess they can't see that.
The point is, there is no real legal ground for them to stand on thats completely solid. I guess that doesn't stop them.
-S