The introduction to "The Case for Copyright Reform" argues: "It is impossible to enforce the ban against non-commercial file sharing without infringing on fundamental human rights. As long as there are ways for citizens to communicate in private, they will be used to share copyrighted materials. The only way to even try to limit file sharing is to remove the right to private communication. In the last decade, this is the direction that copyright enforcement legislation has moved in, under pressure from big business lobbyists who see their monopolies under threat. We need to reverse this trend to safeguard fundamental rights."
So there we have it: If O'Dwyer is guilty so is Google, Bing, Yahoo, and every other search engine that doesn't actively search for and remove links they have indexed to sites offering pirated content. And, as a consequence, a guilty verdict on any or all of the parties will signal the end of a number of fundamental human rights. We ignore this issue at our peril.
Gibbs is in his judicial seat in Ventura, Calif. Your verdict to email@example.com and follow him on Twitter (@quistuipater) and on Facebook (quistuipater).
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