Comment by TheSpiceIsLife
9 months ago
Intent matters. I can well imagine a judge saying something like this:
While I am satisfied it has been proven you are aware that by torrenting said files, distribution also occurred. However, I am also satisfied it has been proven that by setting a 1 byte per minute upload limit, you had taken those steps you could to limit uploads in an effort to prevent the prohibited activity. Other evidence presented to the court demonstrates you are regularly employed, that your finances are generally in order, and you have not received payment for the meagre distribution that occurred as a consequence of your behaviour.
It is my opinion that the case brough by the prosecution does not rise to the level of requiring a sentence, nor even a conviction.
You're free to go.
> Intent matters
I agree with you intent matters, and I agree with you that setting the upload limit to 1 byte per second shows intent, I just disagree about what intent it shows.
You'd still be conspiring with others to violate copyright.
That would be a hard sell in court, the prosecution would have to prove at least that you have personally communicated with the other persons seeding a specific file.
If multiple people get caught speeding on the highway, are they conspiring with each other to violate law? Probably not, unless they were racing.
Organized seeding could be passable as criminal conspiracy, but a single person — nah.