The biggest blow to this view is that there are probably a lot of people who don't realize that they have a share file. How many people actually read the EULA agreement, setup directions, and follow what is being installed?
I agree totally with mtrycrafts that they don't want to admit wrong behavior and are looking for a way to make their wrong a right.
-pat
Let's be realistic: I have never met a person that installed KaZaA/Limewire/eDonkey/eMule that DIDN'T know what it is intended to do.
It's not like the end user created a folder on their c:\ drive, then right clicked, shared it out to the everyone group, then punched open their firewall for RPC
Instead they installed an app that allows them to both receive and serve content. An app the connects to a server out there and advertises what is being shared. Most likely what will happen is a rider as mentioned will be written into the law to cover this. Common sense loses yet again and requires yet more attorney speak.
I am all for band doing self/free releases, I am all for alternate forms of getting music and paying less for it. But I am not so naive to think that the artists that I like will be around for long if they can't feed themselves and their family.
I am pissed at the illegal file sharers, I am pissed at the MPAA for CSS and the DCMA. I could care less about RIAA because the affect me 0%. Thank god they didn't figure out an encryption scheme when there was a published CD standard.