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In a court of law in the situations I provided, would the difference you are trying to argue (a semantic difference IMO) be satisfactory to a judge such that the judge would eliminate CF from a lawsuit? Take your average judge - is "They're more of a cache" as an argument going to be enough to convince him/her to rule for CF? I think the answer is no. As with any case, "if you can find a sympathetic judge, you can win" so sure - there are judges who will choose to see a difference. But who wants to build a business strategy based on finding a sympathetic judge if/when a major problem occurs?



There are explicit differences under the law. For example, see the difference between DMCA §512(a) = network vs. §512(b) = cache vs. §512(c) = host.


"It's a cache" isn't a semantic argument, being a cache under the definition given in the DMCA is a legal exemption from copyright infringement.

http://www.law.cornell.edu/uscode/text/17/512




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