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Copyright is a strict liability tort. That means considerations of intent or knowledge don't matter. The legal arguments for taking down a sophisticated BitTorr
by kmeisthax 6y ago
Copyright is a strict liability tort. That means considerations of intent or knowledge don't matter. The legal arguments for taking down a sophisticated BitTorrent piracy operation map one-to-one with suing individual PeerTube users.
There is a legal defense called "innocent infringement", but it's very limited. You have to be in a situation where it wouldn't be possible or reasonable to know about the copyright status of a work, not just be ignorant of the law. As an example of how fragile this is, merely putting the words "All Rights Reserved" on a work will generally prohibit defendants from using this defense. It also only disclaims statutory damages down to about $200, if the judge is okay with that. If the plaintiff can convince a court that you caused more than that in actual damages, then this defense won't do much, if at all.