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There's no such thing as "copyright infringing material", it depends on how has uploaded it. If I download an awesome ROM from megaupload using the link shared by its creator and upload it myself to megaupload to get my own link, the very same file is both infringing and not infringing copyright.

This is what people who were appalled that megaupload would only remove one of the links to a deduplicated file, instead of removing the file itself, failed (or refused) to understand.



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