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Corynne McSherry

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Analysis: Anti-piracy Law, and the Whole Copyright vs. Freedom Thing

By Scott M. Fulton / October 28, 2011 04:49 AM / Comments

We do this dance at least twice a year now, and we're starting to get the steps so well memorized that once we hear the familiar tune, we start stepping to the beat without a moment's thought. It's the Anti-piracy Shuffle, and one defining element of its choreography is that we always end up right where we started.

Here's how it goes: You can't run an Internet server that trafficks in illicit content to American clients, from American soil, without violating American law. Makes sense. The magic of the Internet lets someone in America run a server in another country, whose domain may be registered in yet another country, that sends illicit content to American downloaders. It's impossible to prosecute one downloader without prosecuting all of them, otherwise you run into the selective prosecution defense.

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