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Comment Re:Not always Free Speech (Score 1) 88

No, not even there is a difference.
You can say, you think Snakeoil will cure cancer. If you tell, it really does, you can be held liable, even as person. If you told in good faith, you will not be liable for telling lies about it, maybe for exaggerating its healthiness. Of course, the penalty for lying about it will be higher, if you do so to sell it. So make sure to have sources for your claims and add references to them where its needed, then you'll be save. Otherwise you can even get problems if you blog about something, which is not clearly marked as cite or opinion.

Comment Re:Not always Free Speech (Score 1) 88

yes and no.
First: Free Speech is about to speak free to those, who want to listen. Not to get a platform everywhere. Full ACK.
But: Free Speech should protect companies as well.

What can be compared to your post in germany is the right to "private copies", which means you can legally copy the CD for your car radio and you can give the copy even to relatives or close friends. Which excludes wider audiences or even companies.

But a .torrent is like a map. Nobody should forbid you to print a map with a big red X where you can buy drugs. Its even good for the cops, they look at the map and find the dealer. But the governments are taking another route: confiscate the map and tell everyone you solved the problem. While the junkies still have a copy of the map or now the location without map.

yeah, a lot of metaphors :)

Comment Re:Not always Free Speech (Score 1) 88

i did not specify this too exact. If you really want to nitpick, probably both and pirated stuff are not, because the download itself is not forbidden in many jurisdication, only the ownership and the distribution. What i meant, and i guess you know it, is that the illegal copy of a file is something which can be taken down with a DMCA, if the hoster is liable in this jurisdication. But taking down a link to this stuff is censorship.

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