- What if the file had been labeled "Britney Spears Nudes.rar?" What about "Ubuntu 12.04 Saucy Serpent.iso?" Does the fact that it was labeled as a work that was not authorized for p2p distribution (by a completely different copyright holder, mind you) change things that significantly?
- If it can be proven that the copyright holders are distributing their works on p2p networks under different names in order to ensnare people into the "do I pay $3k to make this go away or $$$$ to defend myself in court" question, then that should constitute some sort of fraud.
- Applying this logic to other areas also fails the "does this make sense" test. Should you go to jail for downloading child pornography if someone sends you a link to download "Cute Kitten Photos.rar?"
- A person has no idea that they are violating the copyright of copyright holder X when they download the file. They can only verify the file contents once the file is downloaded. Sure they may have intended to commit copyright infringement against copyright holder Y, but so longer as this is not the same person as copyright holder X, I don't see how copyright holder X should have any standing to 'punish' this user on behalf of copyright holder Y.