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I've been under the impression, they are only prosecuting people who allow others to upload mp3s. I.E. if they can download a file from your computer then they can bust you.
As far as downloading goes, I dont think they have a way to prove you are doing something illegal.
To answer your question, i downloaded the program called 'kaazaa' a while back and having been getting free music that way. i dont consider it stealing, rather, payback for all the $18 cds i had to buy over the years.
if you want to be 100% legal, check out itunes.com, they've got a lot of songs, all are $1 a pop.
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83 SC (gone) // 72 T (gone)
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