>I'm thinking your and Buddy's arguments would probably be stronger if whoever disseminated the content had done so by simply publicizing direct links to her Chaturbate profile.

If they had done that, that's one thing. But they didn't. They recorded something the couple had posted and reposted it on a third-party site. And by doing so, they broke the law. Very simple.

Like, when people download some new album or torrent a TV show, people do that shit all the time without thinking-- it doesn't make it not against the law. Just because creeps undoubtedly record streams like these all the time doesn't mean it's cool in the eyes of the law to do so.

>to me, what actually seems hardest to prove is who specifically recorded and disseminated her content and their intent for doing so.

The "who" is almost certainly hidden by VPNs and what not-- and, to the earlier point, they hid their identity for a reason. Because they didn't want to be held liable in a court of law, lol.

I think if you found out the "who" somehow, it could open doors to the latter argument. Like, you're right that if they paid some teenager cash to do it, it'd be basically impossible to prove... but sometimes these people are morons. And if someone who works as an intern for the opp is the one that did it or whatever? Open and shut court case imo.

Also, without looking at the Chaturbate T&C, I'd be STUNNED if there wasn't an explicit mention of "you are not allowed to record, you are not allowed to repost, Chaturbate is not legally responsible if you violate the law here."