ztmike
Mark for moderation
Premium
join:2001-08-02
Michigan City, IN | Just Die
The RIAA should just DIE already. |
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gatorkram
Spelling and Grammer impared
Premium
join:2002-07-22
Winterville, NC
clubs:
 ·Embarq
 ·linode
| Depends on the crime
It really depends on the crime. In some cases you can be charged with a crime without doing the crime.
One that comes to mind, is called criminal intent.
If you plan to do a crime, but never do it, can still be a crime. I am not saying this can apply to this guy or his case.
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Give me bandwidth or give me death!
»/testhistory/661871/4f240 |
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Mactron
el camino Real
Premium
join:2001-12-16
CM94sv
| reply to ztmike
Re: Just Die
Their business model is dead. 
They just don't want to believe it or move on to the future.
So they just keep doing the same thing over and over (suing) and failing.
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If only the Verizon CSRs worked this well. |
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texans20
Weapons of Masturbation
Premium
join:2002-09-28
Texas!
clubs:
| reply to ztmike
They just might. They keep settling out of court for $2500 or so but that does not recoup their legal fees, so for every case they have they end up loosing money. The record companies are getting tighter on cash as CD sales keep falling and since the RIAA isn't doing much for them I suspect to see some more record companies drop their membership.
All the major record companies have now opened up their libraries to non-DRM sales. Now it's up to us, the consumer, to start buying music.
First we said CDs are overpriced, sell them online cheap, so they did. Then we said DRM sucks, sell your music DRM free, so they did. I hope to see less pirating and more purchasing.
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"I sincerely believe the banking institutions having the issuing power of money are more dangerous to liberty than standing armies." Thomas Jefferson |
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2kmaro
Think
Premium,ExMod 1 BC
join:2000-07-11
ColossalCave
clubs:
| reply to gatorkram
Re: Depends on the crime
Key word here would be 'intent' and I don't think you can prove intent-to-share with others just because it's on a shared drive. Especially if the guy owns more than one computer with any kind of networking set up. I have at least 3 systems running all the time, each has a shared folder - not so I can share my files with the world, but so I can share them with myself.
It would also apply to criminal activities - not something 'civil' that has to be handled as a civil suit.
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...then THINK! again. |
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jgkolt
Premium
join:2004-02-21
Lakewood, OH
clubs: | riaa mpaa
just remember they are working with att with the att internet filter, and on the security for the new (hd or blue ray) dvd type.
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3 free for you/3 free for me: Free Stock Trades : PM Me |
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gatorkram
Spelling and Grammer impared
Premium
join:2002-07-22
Winterville, NC
clubs:
·Embarq
·linode
| reply to 2kmaro
Re: Depends on the crime
Don't forget, in a civil suit, the burden of evidence is much lighter.
It also depends what they mean by a shared folder.
Obviously if they know it was in a shared folder, they took his computer already, to inspect it. If that is all they found, it sounds pretty lacking for proof anything took place at all.
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Give me bandwidth or give me death!
»/testhistory/661871/4f240 |
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PhoenixDown
-- Wants FIOS
Premium
join:2003-06-08
Fresh Meadows, NY
clubs:
| reply to texans20
Re: Just Die
I think the moment of opportunity passed...
People want cheap and easy access to music and when the music companies failed to deliver, they turned to file sharing.
So instead of asking people to go from a $14 - $20 CD to a $10 - $15 DRM Free MP3 album, you are now asking them to go from FREE to a a $15 DRM free MP3 album and most people will balk at it.
Convenience will be the deciding factor - if the music companies make the albums cheaper and easy to buy, then they will sway more people away from piracy but giving us what we already asked for, and found, is not going to be enough at this point. |
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jc100
join:2002-04-10
| reply to texans20
Texan
And look at ITUNES it's one of the most popular and lucrative pay per mp3 sites around. There are others of course, that do just fine and dandy. Simply because not everyone buys them, doesn't mean many haven't followed the legal path. Therefore, you make a broad generalization that assumes this man is in the majority. I can't say if that's true or not as there has been no research done to show how many people buy vs pirate. Still, these 99 cent mp3 stores must be doing damn well. They are still in business aren't they? Itunes seems to be making record profits, too. |
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Doctor Four
My other vehicle is a TARDIS
Premium
join:2000-09-05
Dallas, TX
 ·AT&T U-Verse
| reply to ztmike
At least one of the Big 4 (EMI) has said they are going
to sever all ties with the RIAA and their international
equivalent, the IFPI (International Federation of the
Phonographic Industry).
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"The trouble with computers, of course, is that they are very sophisticated idiots." - Doctor Who (from Robot)
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birdfeedr
Premium,MVM
join:2001-08-11
Warwick, RI
·Verizon FIOS
| Read the brief
Read the brief from the amicus curiae brief link. It's quite informative.
Essentially it says making available is not infringement, and uploading to an authorized agent (MediaSentry) isn't infringement, either.
Plaintiffs, according to the brief, must present evidence of upload to a third-party. Which, of course, they are unable to do. Even if they had the PC before the Kazaa was uninstalled. |
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hayabusa3303
Over 200 mph
Premium
join:2005-06-29
clubs: | Who has bigger pockets?
Riaa or Eff?
I dont see how much longer the riaa is going to hold out since others are getting involved now. |
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koma3504
Advocate
Premium
join:2004-06-22
North Richland Hills, TX | Go Away RIAA
OMG they just wont give up already.
the RIAA omoung other 4 letter agencys. are the reason the Cable/DSL/Satalite service is implenting filters which impact our day to day abilities to do what we once was able to do. |
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jc100
join:2002-04-10
| reply to gatorkram
Re: Depends on the crime
Actually the burden of evidence is LOWER in a civil suit. In a criminal case, you have to prove something beyond a reasonable doubt. In a civil case, you have to simply prove it's more likely than not. Still, does the man having it in a shared folder make him guilty? I would hope not. That is then to say that everyone who has a shared folder on their computer is guilty, be it intentional or not. The question arises did this man INTEND to share it, even if it was in this folder. If they didn't catch him, then I don't think they can prove intent. It's tricky obviously and I'm sure the EFF and the RIAA lawyers will have a grand old time battling it out. Hopefully, the man prevails, and files a counter suit for a few million afterwards on the basis of a litigious lawsuit. Wouldn't that be funny if he PREVAILED. |
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james
join:2001-02-26
antarctica
| said by jc100  :Actually the burden of evidence is LOWER in a civil suit. That is what gatorkram said, re-read it. In this context lighter = lower. |
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Cabal
Premium
join:2007-01-21
Boston, MA
| reply to Mactron
Re: Just Die
I hate to bring facts into this discussion, but...
The guy took CDs he bought. He ripped them to mp3. He then loaded those mp3s into some file-sharing program for the purpose of distributing them. End of story.
Is the EFF really trying to say that it's ok to try to commit copyright infringement, but only wrong if you get caught completing it?
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Interested in open source engine management for your Subaru? |
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dadkins
Can you do Blu?
Premium,MVM
join:2003-09-26
Hercules, CA
 ·Comcast
| reply to jgkolt
Re: riaa mpaa
said by jgkolt :just remember they are working with att with the att internet filter, and on the security for the new (hd or blue ray) dvd type. HD DVD and Blu-ray protection has already gone the way of the Dodo.
One thing is still there though... 17-50GB file sizes.
For most of us, that is one hell of a deterrent from uploading to anyone.
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Think outside the Fox... Opera |
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Cogdis
join:2007-03-26
Floral Park, NY
·Verizon FIOS
·RoadRunner Cable
 ·Teleblend
·ViaTalk
| reply to PhoenixDown
Re: Just Die
said by PhoenixDown :Convenience will be the deciding factor - if the music companies make the albums cheaper and easy to buy, then they will sway more people away from piracy Amazon has an mp3 store thats cheap and drm free (89 cents for some songs and I just bought an album for $8.99). I like to just search, click and download so that's what I'll be using from now on. If I can't find it there then I won't buy it. |
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karlmarx
join:2006-09-18
iraq
·Fairpoint Communic..
| reply to Cabal
No, the RIAA is trying to say that by DOING it, he committed a crime. THERE IS NO CRIME IF NO-ONE DOWNLOADS IT. That is what the EFF is saying.
The RIAA DIDN'T download any songs from him, they just got a list of songs. He OWNED the SONGS. If the RIAA had gotten PROOF that other people were downloading, then they would have a case. As it is, they are attempting to argue the mere FACT that he ripped the songs to his hard drive, he committed a crime. No proof of downloads, no foul. Simple as that.
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Relgion and Politics don't mix! I have firsthand knowledge of what happens when ANY religion mixes with ANY politics. |
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lew_jean
join:2005-05-13
Marietta, GA | How did they know
My question is how did the RIAA know he had the music on his hard drive. |
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