Originally posted by: newmachineoverlord
Uploading is illegal, sharing it is illegal. Downloading is legal. Thus if you're a leech, you're fine, but the people you download from are breaking the law if they're in the US, but not if they're in other places. Of course, if you're the copyrightholder and you download, then no crime was committed because the copyrightholder authorized the copying. Therefore it sould be impossible to prosecute filesharing because the collection of evidence by copyrightholders constitutes their consent to make the copy, and doesn't susbstantiate that any other copies were made without consent. Don't expect that to protect you if you fileshare though.
Of course the way laws are going in the USA, it won't be long before it's illegal to remember music and television shows, as that memory constitutes an illegal copy.
The product placement model renders the "commercials are missing" argument obsolete. The first Terminator prominently displayed nike and mentioned several guns by name, even saying that they were "ideal for home defense". Lots of shows have more product placement than they have commercials.