Steve,

Of course, I'd be delighted to effectively kill 106(3) for these small-time peer-to-peer cases. It would not definitively kill it, though--evidence of knowledge is still there and discoverable. Who installed the software (peoples' Kazaa usernames, as suits have shown, aren't always creative), who owned the computer when, when did the files get there, what is the user's sophistication, is the program "quiet?" Answering these questions requires effort and resources beyond the *AA's current shotgun approach to due process, but not prohibitive effort.

-- DanielHarris - 17 Dec 2008