alt Hacker NewsPeople could always simply argue in court that their torrenting was free use.
If you're just some nobody representing yourself instead of an expensive lawyer acting on behalf of a large company, maybe the judge will even try to be extra nice when he explains why the argument doesn't hold water.
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It has been often said that a man who represents himself in court has a fool for a client.
Unless I'm mistaken, the relevant copyright laws aren't limited to enforcement when money exchanged hands.
maybe the judge will even try to be extra nice when he explains why the argument doesn't hold water.
Many judges take a dim view of expensive lawyers trying to pull the wool over their eyes with sophisticated but fallacious arguments. You have to deal with a lot of BS to be a long-standing judge, so it seems like resistance to BS may be selected for among judges.
Sadly, in many courts, when it comes to the corporate and the government, the judges rule on the axiom, "Show me your lawyer first, and I will rule, rather than show me the law, and I will rule".