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> You are not distributing anything from their program (only the symbol names in the binary..) This is where I would expect to see the issue being contested.
by belorn 3y ago
> You are not distributing anything from their program (only the symbol names in the binary..)
This is where I would expect to see the issue being contested. The pirate bay argued that they just provided symbols in the sense of torrent files, basically sign posts giving people direction to where the work is located. They were not distributing anything from the copyrights works.
The other side did not engage that kind of argument at all. Their focus is what users saw, which is that they went to the website and through technical means got access to the copyrighted work. The steps in between was primarily deemed as irrelevant technical details.
What "the work" is, and what "distributing the work" is are two very important step in any copyright case. It is why technical workaround for copyright usually never works, even if they are waterproof in theory. A personal favorite is freenet that split files into blocks rather than bytes, in the theory that a recipe that combines blocks that are shared among multiple files could not be claimed as distributing any individual file.