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	<title>Comments on: Sue &#8216;em All?</title>
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	<link>http://www.joegratz.net/2004/11/26/sue-em-all/</link>
	<description>Joe Gratz&#039;s blog</description>
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		<title>By: Tommy O'Reardon</title>
		<link>http://www.joegratz.net/2004/11/26/sue-em-all/comment-page-1/#comment-341</link>
		<dc:creator>Tommy O'Reardon</dc:creator>
		<pubDate>Sun, 28 Nov 2004 03:46:55 +0000</pubDate>
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		<description>Thanks for the link.

For the most part I agree with your analysis of my post. However, I realize that no solution to p2p will ever completely eliminate illegal file sharing. Going after these keystone uploaders inherently takes into account that inevitably an identifiable proportion of illegal actors will realistically face no liability. Mark Lemley seems fairly convincing in coming to his 5% number and considering the radically dispraportionate illegal contributions of keystone uploaders, leveling suits against this portion of the p2p mess could conceivably (through a cascading fear/implementation of serious criminal/civil penalities) eliminate an enormous portion of future uploading. This is especially true where the p2p enabler is for profit (i.e. Kazaa) and relies on constant uploading to get their users to keep coming back in order to attract ad revenue. Something tells me these p2p sites are not contributing their time and resources so that music can be free. You are certainly correct that this is not a perfect solution, but hopefully with the type of constructive dialogue that you have shown this proposal might become a thought-out option instead of a quickly dismissed impractical solution.</description>
		<content:encoded><![CDATA[<p>Thanks for the link.</p>
<p>For the most part I agree with your analysis of my post. However, I realize that no solution to p2p will ever completely eliminate illegal file sharing. Going after these keystone uploaders inherently takes into account that inevitably an identifiable proportion of illegal actors will realistically face no liability. Mark Lemley seems fairly convincing in coming to his 5% number and considering the radically dispraportionate illegal contributions of keystone uploaders, leveling suits against this portion of the p2p mess could conceivably (through a cascading fear/implementation of serious criminal/civil penalities) eliminate an enormous portion of future uploading. This is especially true where the p2p enabler is for profit (i.e. Kazaa) and relies on constant uploading to get their users to keep coming back in order to attract ad revenue. Something tells me these p2p sites are not contributing their time and resources so that music can be free. You are certainly correct that this is not a perfect solution, but hopefully with the type of constructive dialogue that you have shown this proposal might become a thought-out option instead of a quickly dismissed impractical solution.</p>
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