Ahahahahahaha!!!! That will happen when: Wolves become vegans, politicians stop lying, and water flows uphill. Anyone who ever trusts those assholes again should remember the phrase from Al Wilson’s “The Snake”
“I saved you,” cried that woman
“And you’ve bit me even, why?
You know your bite is poisonous and now I’m going to die”
“Oh shut up, silly woman,” said the reptile with a grin
“You knew damn well I was a snake before you took me in

1) Unless you have actually downloaded a file how do you know what it really is ? If you see a list of song titles, but you don’t actually download anything, couldn’t they simply have been a series of essays on the songs themselves, or any other kind of file ? How can you be sure without verifying by actual inspection.

2) It seems like intent should come into this somewhere. I see a lot of news stories on computer hacking where the computer owner took a long time to realize they had been compromised. Is it really reasonable to expect a relatively untrained person to be able to tell if their computer is being subjected to unauthorized programs or access ? It’s entirely possible that there is stuff running on my computer that I don’t know about. I have anti-spyware, adware, virus, and firewall programs installed, but I can never be absolutely certain that my system is not compromised in some way. Can you ? And if there was no intent to break the law, or knowledge of it despite reasonable precautions shouldn’t that count for something ?

Now the RIAA must cope with citizen journalists who don’t depend on corporate largess to survive, who can tell the difference between bullshit and reality, and who believe truth, not lies, is the currency of the 21st digital century.”

Beautifully said!