They participated in uploading the files as part of the downloading the torrent from other peers. Their use of the BitTorrent protocol to acquire these files would not have been transformative.
Meta argued in court that yes, they did upload when torrenting
> Meta’s reasoning is straightforward. Anyone who uses BitTorrent to transfer files automatically uploads content to other people, as it is inherent to the protocol. In other words, the uploading wasn’t a choice, it was simply how the technology works.
They participated in uploading the files as part of the downloading the torrent from other peers. Their use of the BitTorrent protocol to acquire these files would not have been transformative.
> They participated in uploading the files as part of the downloading the torrent from other peers.
Did they?
Are you sure?
Meta argued in court that yes, they did upload when torrenting
> Meta’s reasoning is straightforward. Anyone who uses BitTorrent to transfer files automatically uploads content to other people, as it is inherent to the protocol. In other words, the uploading wasn’t a choice, it was simply how the technology works.
https://torrentfreak.com/uploading-pirated-books-via-bittorr...
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No, only in some instances maybe, they were mostly leechers.
> They participated in uploading the files as part of the downloading the torrent from other peers.
Not necessarily. You can literally turn uploads off and leech torrents.
I think you misread. There is nothing transformative about bittorrent automatically sharing parts of a file you're downloading with your peers.