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Free access to copyrighted material is what makes the model work. Weeding out all of that would make the model fail anyway. I don't think any of the file sharing sites are doing any real "screening". It's all "if we get a notice from the owner of the copyrighted material, we'll take it down". Retro active, not proactive.
That puts the burden on the material owner to police the file share/tube sites. You don't see that with any other copyrighted/trademarked material. Levis isn't out patrolling the streets looking for counterfeit bluejeans.
Maybe if one of these cases sets a precedent that knowledge of the way the model really works equals culpable liability, the house of stolen cards will come crumbling down.
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