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> your bits are illegal and your other identical bits are legal

That happens all the time though. If I rip a copy of a movie for backup purposes, that rip is legal. If I upload a torrent of it, the exact same bits on my disk are now illegal distribution of a copyrighted work.

If I am the artist who owns the copyright of the work, my bits can legally be redistributed.

The intent and legal status of the bits matters in a ton of cases.



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