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I'm a little confused about how is it supposed to work otherwise? Do I have an obligation as an internet user to ascertain if a website owner whose website I visit has the all the rights to all the media that the website contains (presumably also working out whatever jurisdictional issues come up)?

Like how do you know that (say) Netflix actually has the right to stream you every show that they do? And how do you know that some random ad supported website doesn't?




It's a difference of intent. Paying Netflix as an individual with the intention and expectation of watching content legally is very different to torrenting terabytes of pirated books on company laptops for training a commercial AI to replace those writers, and employees even expressing concern over its ethics on recorded communication


So your position is that it is illegal for me to watch a movie on Netflix that they don't have the rights to? Just that I wouldn't be prosecuted because I didn't intend to break the law? Unless perhaps I knew they didn't have the rights to it but watched it anyway?


That the judge will say you did not break the law because you reasonably believed you were following the law.

https://en.wikipedia.org/wiki/Mens_rea


Copyright infringement is a strict liability offence, so not having intent isn't a defense.

However, in this scenario you'd very likely have a good "innocent infringement" defense, which would allow the judge to lower the statutory damages to as low as $200. Since the damages available are so low it wouldn't be worth suing over.


It's an argument made in bad faith to basically send a message to the claim bringers that "hey, we have enough money and time to push this argument all the way, want to try us?".

Try this as a citizen.




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