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this post was submitted on 07 Nov 2025
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ISPs route data packets between IP addresses; they don’t get to see the content of what I send/receive (it’s encrypted), and they don’t get domain info without deep packet inspection, because I don’t use their DNS servers.
It’s more like sometimes the city will put up speed cameras and ALPRs — but does that make them responsible for speeders?
You have a point about the DMCA though; I’ve had videos monetized by a third party because of music I wrote and performed myself — turned out, the company was stealing MY music and I got dinged for it.
Then how do they know what movie I’m torrenting if my VPN is not on?
The rights holder is seeding and records your IP address, then sends a C&D to your ISP, who then notify you about it.
I'm guessing it wouldn't be a valid legal argument, but I liked the thought experiment of claiming that it can't be piracy if the rights holder is intentionally publicly sharing the content. Like trying to charge trick-or-treaters for theft when they took candy out of the bowl you left out with a "Free!" sign attached.
usually, they don't actively seed, they are just part of the swarm, and request content from you. And if that content is part of e.g.their movie, they get you for distributing the movie.
There's no such thing as entrapment in the world of copyright, unfortunately.
That said, something kinda similar did happen in the Viacom v. YouTube case. It's been over a decade since I read it so forgive me, but I think YouTube discovered that Viacom themselves had been uploading bits of The Simpsons, and I believe sometimes processing them to look like amateur clips because they believed that the exposure helped them in the long run.