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Peertube's moment might come soon
(feddit.de)
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That is essentially how bittorrent works anyway. In Germany people lost in court over this. Also portions of a copyrighted file are a problem. If they can "proof" that they got a relevant portion (more than the typical fair use seconds) you are still on the hook.
'Landgericht Hamburg' proofing will be hard, admittedly. But doesn't BT just split up a file in x parts, so each part is watchable? What if you sliced differently, like every 100th byte of a file? Or even bitwise slicing? Not one 600 s snippet but 60000 10 ms snippets from throughout the movie.
That could help, but if a file is not shared that much (yet) or not many people are online at the moment, a single peer will still share many more parts, likely ending up with having shared significant amounts.