DevilDog3
join:2005-05-13
Albany, NY
| What's next....
I guess next they're going to request that only they get to speak at the trial also. The defendant can't say anything.
What are they afraid of with having an independent third party check out the hard drives? Maybe that someone will actually prove they have no idea what they're doing? |
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mlundin
join:2001-03-27
Lawrence, KS | Well, of course...
...They're going to fight the idea of a neutral third party (wouldn't you?). As long as the judge laughs at it, the system still works... sort of. |
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TKJunkMail
Enjoy the sun
Premium
join:2002-03-03
Avalon, NJ
 ·Sprint Mobile Broa..
 ·Comcast
|  Pending appeal by the RIAA of course
Update: In the comments, lawyer Ray Beckerman, who pointed out this original decision, lets us know that the earlier case where the judge let the woman pick her own expert and bill the RIAA was later overturned so that the RIAA did get to bring in their own expert. If the older case you're referring to is the Tanya Andersen case, it should be pointed out that the original April 2006 order (PDF) providing for examination by a neutral expert was superseded by a July order (PDF) giving the RIAA essentially what it wanted in this case. As usual, it isn't over until the fat lady sings.
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Jehu
Premium
join:2002-09-13
MA | Why is this news?
Prosecution make a ludicrous move, Judge says no.
I see this on Law and Order every day....
I guess we need daily bait for filesharing evangelists?
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The hills are alive with the sound of jehu. |
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phattieg
join:2001-04-29
Winter Park, FL
·Verizon Wireless B..
·Sprint Mobile Broa..
| reply to DevilDog3
Re: What's next....
said by DevilDog3  :I guess next they're going to request that only they get to speak at the trial also. The defendant can't say anything. What are they afraid of with having an independent third party check out the hard drives? Maybe that someone will actually prove they have no idea what they're doing? I think they need to consider services like X-Drive. I know better these days.
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SIPPhone/Gizmo # 17476200648 / PIMPNET Chatline / Ran by Asterisk & Slackware 10.1. |
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technick
Premium
join:2000-12-16
Loganville, GA | reply to DevilDog3
The Truth shall set the defendant free and prove what dumb idiots the RIAA investigators are.
Remember folks, use Truecrypt for everything!!! |
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DOStradamus
MVM
join:2003-11-04
Santa Rosa, CA
| That Kind of Attitude is Way Too Much Like the Spammers...
... who sue the operators of DNSBLs, et.al....
They know they have a weak case, are losing and know it. They try a long "Hail Mary" pass, which, in their arena, is to "cop an attitude", and make unreasonable demands and baseless claims, hoping that one might just "stick".
I was talking about the spammers there, you thought I was describing the RIAA, too?  Hmm.. between what I've read about them, notably here and at eff.org, they've filed 1000's of lawsuits, and still have yet to have a jury rule in their favor...
The Raiders finally won a game this year. Perhaps they (RIAA) think that persistance and chutzpah will someday pay off...
Makes me feel guilty for buying 3 CDs this week, knowing that my money goes to fund this folly... Should have troed the "alternative"...  |
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Noah Vail
Premium
join:2004-12-10
Lorton, VA | reply to Jehu
Yea, but......
you only bait for what you want. Everything else in the pond is scum and sea roaches.
NV |
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2kmaro
Think
Premium,ExMod 1 BC
join:2000-07-11
ColossalCave
clubs:  
| Amazing Equipment that WE! have
From the (non)responses provided by RIAA from this page:
»www.ilrweb.com/viewILRPDF.asp?fi···tffsresp
while talking about Kaaza they say:
"...the user is connected both to the provider's central computers and to other users of the service - typically millions of people at a time - ..."
I don't know what that lady was supposed to be running in her home, but I don't have enough ports on my poor machine to connect to millions of people at the same time!
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Travel light. Never let yesterday get in the way of tomorrow. |
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dispatcher21
join:2004-01-22
united state | reply to TKJunkMail
Re: Pending appeal by the RIAA of course
She can still bring her own expert in for her defense, she just has to pay for it. |
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rachelsfx
join:2004-09-27
Pensacola, FL | reply to 2kmaro
Re: Amazing Equipment that WE! have
Kazaa does allow you to connect with millions of users, see what they got, and download from multiple sources as I've seen it work. |
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Nightfall
My Goal Is To Deny Yours
Premium,MVM
join:2001-08-03
Grand Rapids, MI
 ·Site5.com
 ·AT&T Midwest
·Comcast
| Why not?
I think that would be the true test of innocence. If the RIAA takes you to civil court, why not be able to submit your computer as proof and have a neutral 3rd party do a scan on it?
I guess I don't see the harm in that for all the people claiming they are innocent.
Add a little clause in there that if the RIAA finds nothing on the scan, they have to drop all charges and pay the person they are suing $1000 for time wasted in court. 
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My Domain
Nightfall's Hockey and Life Journal |
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SimbaTLK1
Rawrrr
join:2001-09-07
Bethel Park, PA
clubs:
| said by Nightfall :Add a little clause in there that if the RIAA finds nothing on the scan, they have to drop all charges and pay the person they are suing $1000 for time wasted in court. How about instead paying the person getting sued the money the RIAA wanted in the first place?
--Matt |
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Nightfall
My Goal Is To Deny Yours
Premium,MVM
join:2001-08-03
Grand Rapids, MI
·Site5.com
·AT&T Midwest
·Comcast
| said by SimbaTLK1 :said by Nightfall :Add a little clause in there that if the RIAA finds nothing on the scan, they have to drop all charges and pay the person they are suing $1000 for time wasted in court. How about instead paying the person getting sued the money the RIAA wanted in the first place? --Matt Great idea!
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My Domain
Nightfall's Hockey and Life Journal |
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cork1958
Cork
join:2000-02-26
Fruitport, MI
·Verizon Online DSL
·Charter Pipeline
| reply to SimbaTLK1
said by SimbaTLK1 :said by Nightfall :Add a little clause in there that if the RIAA finds nothing on the scan, they have to drop all charges and pay the person they are suing $1000 for time wasted in court. How about instead paying the person getting sued the money the RIAA wanted in the first place? --Matt It would have to amount to more than that after you included defamation of character, slander and anything else you can throw in there.
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Do the walk
Zenwalk Linux 3.0 |
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Pirate515
Premium
join:2001-01-22
Brooklyn, NY
|  reply to Nightfall
said by Nightfall :Add a little clause in there that if the RIAA finds nothing on the scan, they have to drop all charges and pay the person they are suing $1,000 for time wasted in court. Why stop at $1,000? If the person works, have RIAA pay him for wages lost during the time that he/she was dealing with their bullsh*t lawsuit. And if the computer is used for business, pay the defendant for all business lost during the time that he had no access to his computer.
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Ask me no questions, and I'll tell you no lies...
A MESSAGE to the RIAA and the MPAA: You shouldn't wound what you can't kill... |
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Pirate515
Premium
join:2001-01-22
Brooklyn, NY
| reply to technick
Re: What's next....
said by technick :Remember folks, use TrueCrypt for everything!!! Great idea, but when you get dragged to court and the examiner finds out that your hard drive is encrypted, you'll be asked to provide a key to access it, and if you refuse, you'll be charged with obstruction of justice for withholding evidence.
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Ask me no questions, and I'll tell you no lies...
A MESSAGE to the RIAA and the MPAA: You shouldn't wound what you can't kill... |
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karlmarx
join:2006-09-18
iraq
·Fairpoint Communic..
| Not exactly true. If you use truecrypt, you can give them a fake key, which won't really decrypt the drive, but will mount the volume. The prosecutor will have no proof you didn't give the real key however.
Encryption is always your best friend. Learn it, Use it, because when the jack booted republican neo-con right wing christian conservatives decide that YOU can't have porn on your computer, it will be your ass you save by having encrypted your data.
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Stick it to the MAN. Support your local torrent sites. Proudly providing 10mb of upstream for all your TV, Movie, and MP3 needs. |
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Nightfall
My Goal Is To Deny Yours
Premium,MVM
join:2001-08-03
Grand Rapids, MI
·Site5.com
·AT&T Midwest
·Comcast
1 edit | reply to Pirate515
Re: Why not?
said by Pirate515 :said by Nightfall :Add a little clause in there that if the RIAA finds nothing on the scan, they have to drop all charges and pay the person they are suing $1,000 for time wasted in court. Why stop at $1,000? If the person works, have RIAA pay him for wages lost during the time that he/she was dealing with their bullsh*t lawsuit. And if the computer is used for business, pay the defendant for all business lost during the time that he had no access to his computer. Someone beat you to it. See above and I agree.
I don't think that the RIAA is going to lose many lawsuits though. The clueless people who download are going to get nailed. Sure, the people who know computers are going to be able to avoid it. A majority of people who don't know are going to get nailed.
Another thing that comes to mind is maybe this independent group could also do a network scan and check all systems on it for this kind of infraction. So, if an IP address is detected for downloading, this group should have the ability to check all systems on the LAN/WAN for material.
There also has to be some element of surprise. If someone is issued a letter knowing they can provide their system as proof to get off, those people who are smart and have been downloading will just format and reinstall.
I am all for catching and prosecuting these people, but lets make sure they are guilty.
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My Domain
Nightfall's Hockey and Life Journal |
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KrK
Heavy Artillery For The Little Guy
Premium
join:2000-01-17
Tulsa, OK
·AT&T Yahoo
·AT&T DSL Service
·Cox HSI
·AT&T Southwest
| Not Fair
"Your Honor, since we went to all the trouble to actually sue these people and force them into Court, it's not fair that you allow them to actually present a defense and prevail against us!
How are we to extort, er, I mean "get justice" in the form of huge $$$ payments if we actually have to win our case?!?"
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"Regulatory capitalism is when companies invest in lawyers, lobbyists, and politicians, instead of plant, people, and customer service." - former FCC Chairman William Kennard (A real FCC Chairman, unlike the current Corporate Spokesperson in the job!) |
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