I’ve looked over the letter carefully, and they’re really saying the same thing I said. My words were:
I also draw a distinction between distributing a show and receiving a distribution. I’m perfectly entitled to receive a distribution — that’s what I do whenever I watch TV. However, you have to be careful with your P2P client because there’s a good chance you could be distributing it as well, especially if you use a BitTorrent client or have it in a shared folder for something like Kazaa.
Well, this is exactly what the letter is accusing. They say nothing about downloading the show, but they state:
We have received information that, at the above noted date and time, the IP address [removed] was used to offer or to materially contribute to the offering of downloadable or streaming copies of copyrighted motion pictures. [emphasis mine]
And there you have it. With BitTorrent, never forget that you’re uploading at the same time you’re downloading (hence the success of the app). While downloading may be okay (this is still just assumed, of course), this letter states, in no uncertain terms, that making the show available for downloading by others is a problem.
As much as I’d like to launch in on a tirade here, I guess I can’t argue so much with the letter. They have a valid point, the gist of which I mentioned in my earlier post.