In article <20120120200216.GA62670@ussenterprise.ufp.org>, Leo Bicknell <bicknell@ufp.org> writes
Also, when using a hashed file store, it's possible that some uses are infringing and some are not. I might make a movie, put it on Megaupload, and then give the links only to the 5 people who bought it from them. One of them might turn around, upload it again to Megaupload, and share it with the world, infringing on my content. I would hope that when I issue a takedown notice they take down the infringers copy (link), but leave mine in place.
It's been suggested that many movies which have been made widely available without the film company's permission were derived from legitimate copies supplied to reviewers. This is a similar issue to the unfortunate AUP of some access providers that say users are prohibited from downloading any copyrighted material, when the majority of websites are exactly that. In Europe we have a Copyright Directive which seeks to legitimise what could be termed "incidental copying" involved in using a browser, and I'm happy to say I was one of the industry people who persuaded a sceptical previous generation of media lawyers that this was OK. -- Roland Perry