If you have "no genuine issue of material fact", you have
nothing. You are not making a complaint or argument worth listening
to any more because you are not presenting any provable facts.
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Garbage is the disposal of unwanted
or undesired material or substance. It is an environmental
issue.
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The answer depends on what material you are downloading. The
fact that it is a torrent is unimportant, the issue is whether or
not you have a legal right to the material.