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Creating or providing a tool and using a tool are not the same action. Likewise, since there are legal fair use scenarios of copyrighted materials (short clips, criticism, satire, academic, etc) so even using the tool isn't inherently against the law and the person creating or providing the tools can't know and legally doesn't need to know the end user's intentions.

Copyright lawyers working for the highest profile abuser of copyrights absolutely know the very basics of copyright law and are therefore acting in bad faith.




So, similar to Popcorn Time then WRT providing vs using? The RIAA lawyers are bringing cases that are disingenuous, because they already know they're covered by fair use?

So to pick a worst case scenario, a pirate uploaded _Spiderman_ to Youtube with the intent of letting people get _Spiderman_ for free using this software. In that case, it's the uploader that's legally liable? Does the RIAA have a case?


Drug paraphernalia is still a crime in most places. Not sure what the equal to "spice grinder" here is.


Drug paraphernalia has a specific use (or at least, let's assume that for the sake of argument), but youtube-dl is more like a crowbar that has legal and illegal uses.

If I have a crowbar I can legally use it all day long for construction purposes. As soon as I'm caught breaking into a house with a crowbar, it's classified as burglar's tools. At no point is the hardware store or crowbar manufacturer liable for a burglary for selling me a crowbar.


I don't know what the laws are on possession, but before marijuana was legalized it was far, far easier to buy a bong than the weed to smoke in it. I'm wracking my brain to try to think of a piece of drug paraphernalia that is illegal to sell or illegal to possess in the absence of the drugs themselves.


In the state I live in it's illegal to to be in possession of any paraphernalia. Thats why you cant buy a bong anywhere, but can buy a water pipe at every corner store headshop.

That being said it's a petty misdemeanor that does not result in any jail time until your third infraction.

https://www.revisor.mn.gov/statutes/cite/152.092


Anna Purna in Berkeley, CA used to have this sign: "these are water pipes not Bongs! You will be asked to leave" (c1995)


if there is no residue then classifying it as "drug paraphernalia" would be in bad faith




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