It is reasonably foreseeable that when someone comes into possession of a gun, that someone or something will be shot. Shooting bullets is a guns sole purpose. Since that is the sole purpose, a gun manufacturer is jointly liable in the situation you mention, along with the shooter. Ideally, the shooter does the jail time and Big Gun pays the hefty damages. People buy guns with the intent to shoot. There is a “choice” of shooting, but why would you buy a gun other than to shoot? A company that makes this product is or should be jointly liable. This reasoning concurs with my feelings that if someone shot a loved one of mine, I would be angry towards both parties.
Certainly, I wouldn't buy a gun to use as a crutch(rifle) or as a hammer(handgun), but I think it's a little bit of a leap to imply that guns are sold intently to promote crime. All the same, the analogy is starting to turn into a red herring, so let's return to the discussion at hand.
It is not reasonably foreseeable when someone comes into possession of a computer, that they will hack or illegally download. A computer is a multi-purpose machine. The specific act of illegal downloading is a choice. The downloaders should be the ones paying damages with the "hacktivist" doing the jail time. People buy computers for multiple reasons. A person who downloads chooses to use an inherently non-harmful device for harmful purposes. The person who downloads and the person who enables the downloading are also both liable. This also comes from the feeling that if I made a digital product and some douche hacked/ripped it and allowed other turds to download it, I would be angry with both.
True; what I am saying is that the hacker is ultimately the 'gunsmith', and the downloader is the one who 'pulls the trigger', but the downloader is ultimately the one who directly causes the gross majority of damage. I just think you're confusing emphasis with dichotomy.
…but in reality, Capitalism wins out by hunting those that hurt the bottom line (downloaders) rather than those (Big Gun) who allow people to hurt or kill other human beings. Profit > Life.
That's a pretty tall order to attack Capitalism with the batch; I understand your point, and I think bringing that into the equation is simply asking for trouble. Nevertheless, if you study my previous posts, my point is uncannily similar to your latest post.