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What if someone steals a copy of my file, then uploads it to TPB? Now do I get sued for millions? Am I presumed guilty, since it's clear there's "evidence" to
by just2n 13y ago
What if someone steals a copy of my file, then uploads it to TPB? Now do I get sued for millions?
Am I presumed guilty, since it's clear there's "evidence" to show that I was the source of the now widely spread copy? Do I now have to prove to a judge that I actually didn't upload that file to TPB?
Guilty until proven innocent?
- andrewflnr 13y agoA new form of evidence doesn't necessarily mean the end of the "reasonable doubt" standard (at least in the US, I don't know how other countries phrase things).
- Silhouette 13y agoCopyright in most cases and most places is still a civil matter, so the standard in many places would be more like "balance of probabilities" rather than "beyond reasonable doubt". In other words, if your personally marked copy of a work was found floating around on the Internet and you got sued for copyright infringement, you'd probably have to convince the court that it was more likely that someone had stolen the work from you and redistributed it than that you had redistributed it in some other way yourself. This isn't a completely safe position even then, because if someone has suffered substantial damages as a result of the work being distributed (and copyright law is infamous for inflated claims of damage caused by infringement) and you have potentially already admitted to being negligent in protecting your copy of the work then you might just find yourself jumping from the frying pan to the fire.