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His defense counsel, David Duncan and Harvey Silvergate, contended that the US Attorney's office was insisting LaMacchia was responsible "for what other people place on, and take off of, a computer system that [he] creates and maintains but does not control." They countered that "It is not at all clear that a SYSOP who neither controls what is placed on the system nor profits one cent from any copyrighted software that others upload to and download from the system (that he and others create and operate) has committed any crime."

The complete text of the response to the indictment is available at the link below.

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Q: Why did David LaMacchia's attorney think that he was not guilty of software piracy?
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