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is there a filesharing software that...

interesting concept but it is sort of like trying to force an elephant through the eye of a needle. in the end all that happens is the loophope ends up broken.

i think trying to apply the fair use clause in this way would be seen as an abuse on the clause and result in the clause being changed or eliminated and the result would be legitimate cases that would normally have been protected under that clause would end up vulnerable to liability.