Dogfather
Premium
join:2007-12-26
Laguna Hills, CA
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2 edits | If they don't have to follow the rules, then I why should I?
I buy all my music from iTunes and this kinda crap makes me want to stop just out of spite.
If they want money, let them prove it's owed to them.
F*ck the RIAA
F*ck the MPAA
These bloodsucking racketeers should go to Federal Pound Me In the Ass prison for their continuous RICO violations. Wonder if they would expect proof before surrendering to the Marshal. |
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BF69
join:2004-07-28
Camden, TN
| Proof schmoof
Ok say the defendant did pay the damages in advance. If the defendant won in court is the RIAA going to give back the money? Is there going to be interest included? Are they going to give it back in a timely manner and not require a lawsuit to do it?
I'm willing to bet if some artists got together and decided to sue the RIAA for "damages" I'm 100% sure the RIAA would not think the "pay now, prove my innocence later" thing is a good idea. |
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pnh102
Reptiles Are Cuddly And Pretty
Premium
join:2002-05-02
Mount Airy, MD
·Comcast
1 edit | Bad Summary
quote:
Because the Judge has decided that actually showing evidence of a crime might be a good idea.
The article summary confuses the result of civil court cases with crimes. Crimes can only be prosecuted by the government. These are all civil cases, no one is going to be sanctioned by the government if they lose.
--
This isn't fair! I was only supposed to hate just ONE presidential candidate! |
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Dogfather
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join:2007-12-26
Laguna Hills, CA
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3 edits | The civil cases stem from damages to be awarded per the criminal statues (eg Title 17, NETA, DMCA etc).
IOW, they don't have a civil case if not for the criminal statues. Without a crime having been committed (the person violating the statute), they have no damages. |
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funchords
Hello
Premium,MVM
join:2001-03-11
Washington, DC
·Verizon Online DSL
·Skype
| Too Bad Jammie Thomas's ISP wasn't Comcast
Comcast was blocking 100% of my Gnutella uploads, 24/7/daily. Even if I was sharing copyrighted files, I couldn't have violated anyone's copyright by doing so.
She was using Kazaa and Charter -- a protocol I didn't test on and ISP I never tested. That said, given that ISPs can and do block uploads on a wholesale level, there's a damned good chance that she shared nothing at all. |
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FLengineer
Premium
join:2007-06-26
Leesburg, FL
·Vonage
·Comcast
 ·T-Mobile US
·Embarq
| What?!?!?
said by someone :
The Constitution is just an old piece of paper that doesn't mean anything in our country today. The entertainment industry should have more power than a bunch of old guys in white wigs.
- MPAA & RIAA
joke of course |
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SilverSurfer
join:2007-08-19
| reply to pnh102
Re: Bad Summary
said by pnh102  :The article summary confuses the result of civil court cases with crimes. Crimes can only be prosecuted by the government. These are all civil cases, no one is going to be sanctioned by the government if they lose. LMAO. More like bad reading. Did you even read the Wired article, or were you just too much in a hurry to demonstrate your legal vocabulary?
Whether the allegation is prosecuted in civil or criminal court, proof is still necessary. The only thing different is the standard. I guess you must have missed law class the day law was discussed. |
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ender7074
join:2006-11-21
Saint Louis, MO
·AT&T Southeast
| Idiots
I guess they think we should all just stand in line and give them $150k? This is the reason I washed my hands of the entire music industry years ago. Terrible music, asinine practices, and now lawsuits with no evidence. They can burn for all I care. |
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Blackened
Your Freedom Fries Are Stale
join:2003-09-29
| When your frivolous lawsuits fail..
.. turn to subverting the law yourself.
If it's nearly impossible to prove, then they should try actually building a legitimate business around using technology rather than fighting it, instead of taking away fair use, not attempting to brainwash people with propaganda, and especially not acting like they're the corporate Gestapo. But since they refuse, and would rather push copyright enforcement above the proper judicial process of civil or criminal cases, I don't feel bad for them. I'd much rather the pirates win.
--
Moore/Alexander 2008
Conservatives love religious-like aphorisms so here's one: "Freedom isn't free. It's Made in China." |
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vpoko
Premium
join:2003-07-03
Jamaica Plain, MA
| reply to SilverSurfer
Re: Bad Summary
pnh102 is right, "showing evidence of a crime" is not an element of a civil case. "Showing evidence of a tort" or something similar is. Nobody said proof wasn't required, but the word "crime" is out of place in an article dealing with civil infractions. |
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No Name
@sbcglobal.net | How much Evidence that XXIA is Organized Crime
Always thought XXIA was a front for organized crime due to their actions and how the musicians are not paid. This seals the deal. Bring on the grand jury.
This also makes anyone who takes money from them part of organized crime. |
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jester121
Premium
join:2003-08-09
Lake Zurich, IL
1 edit | Karl's going green
Recycle much?
»MPAA: Evidence? Who Needs Evidence?
EDIT: Noted that this article adds MPAA -- I thought I was coming down with a nasty case of deja vu. |
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BabyBear
Keep wise ...with Night-Owl
join:2007-01-11
| Words that can come back to haunt
said by RIAA :
"would solely benefit those who seek to freeload off plaintiff's investment."
Hmm, Maybe the artists could borrow that line when used against the RIAA themselves.  |
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Shamayim
I already have a Messiah.
Premium
join:2002-09-23
| Perversion of justice
That the //AA and **AA are discredited organizations is a given (witness this latest manipulation). That a judge would actually throw in with them is disheartening.
--
Who is Jesus? and Why it matters (to YOU).
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TamaraB
Question The Current Paradigm
Premium
join:2000-11-08
Brooklyn NYC
·Verizon Online DSL
| Proof? Who needs proof?
Proof? "Proof" only hinders our ability to fill prisons, sue people, and make money. Do away with proof, all we need is an accusation, and a well funded legal office.
Proof is only for commie pinkos who break the law, not for law-abiding AmeriKKKans. If you obey, there will be no accusation, and no punishment. Who needs proof?
Bob
--
Motor Vessel - Tamara B.
43' Long-Range Trawler
Cape Elizebeth ME.
See her Here. |
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lordofwhee
join:2007-10-21
Everett, WA
| reply to Shamayim
Re: Perversion of justice
With how corrupt the US's legal system is it really doesn't surprise me. If the **AAs lose in one court, they simply find another judge they can buy to preside over the appeal.
Our legal system is broken, plain and simple, and abuse of it will keep happening until it's fixed. |
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ironweasel
Weezy
join:2000-09-13
Belen, NM
|  Where do I file a lawsuit?
Last night, four armed thugs broke into my house.
Stole everything I owned that wasn't nailed down, spray painted racial slurs on my walls, peed on my carpets, and drank all the milk in my fridge.
I just know it was the RIAA coming to get me for sharing that Vanilla Ice .mp3. Bastards!
I should go sue them for a bazillion dollars now to cover my mental anguish over the loss of my milk or something.
How do I know it was the RIAA that did it?
Well, I don't and I can't prove it. But what the hell! I'll sue 'em anyway! Yeehaw!
--
But there’s no sense crying over every mistake
You just keep on trying till you run out of cake |
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Dogfather
Premium
join:2007-12-26
Laguna Hills, CA
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1 edit | reply to vpoko
Re: Bad Summary
It certainly is if the RIAA looking to claim damage awards stated in the criminal statutes.
Those big penalties are written into the criminal statues. If this was a simple civil tort, they would only be able to collect their actual damages plus perhaps an unspecified punitive damage.
Like shoplifting and writing bad checks, the criminal statue grants additional damage awards but you only get the damage award if that statue was violated.
They absolutely must prove the crime happened if they want to collect damages for violation of the statue. |
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Mr Matt
join:2008-01-29
Eustis, FL
·Comcast
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|  The copyright police are use to getting what they want.
 What the copyright control agencies want is plenty of coverage by the media, of some college student loosing a case and having a judgement placed against them by a copyright control agency for some enormous sum of money. The purpose is to put the fear of prosecution in everyone's mind. It does not really make any difference if the victim is guilty. It is the thought that counts.
The copyright police are use to getting what they want without proof because of the way our civil legal system works. They can force victims of their fraudulent claims to pay because the cost to defend such a lawsuit is beyond the economic resources of most citizens.
The exception is persons that are very wealthy. When a copyright control agency learns that their victim has deep pockets and might file an expensive counter suit they quickly withdraw their lawsuit.
On the other end of the spectrum is the very poor. People that do not have the money to pay the copyright control agencies demands. If a victim like Jammie Thomas can obtain the services of a lawyer Pro Bono (for free) the copyright control agency can find themselves in deep trouble. If the copyright control agency loses the lawsuit, the lawyer can demand compensation from the copyright control agency for their time defending the victim. That is why the copyright control agency in Jammie Thomas case has dug their heels in.
The middle class victim winds up paying the extortion demanded by the copyright control agency to avoid paying a lawyer tens of thousands of dollars to defend them. If a defendant does not respond to the lawsuit the judge will automatically find for the plaintiff.
In the past the victims of most of these shake downs were small businesses. The basis for many of the copyright control agencies demands were:
* Playing copyrighted songs over music on hold systems without paying a license fee. Violation: Rebroadcasting
* Playing background music over public address systems without paying a license fee. Violation: Rebroadcasting
* Restaurant employees Singing Happy Birthday To You to a guest without paying a license fee. Violation: Performance of song without a license.
* The Girl Scouts singing copyrighted songs around their campfires. Violation: Performance without paying a license fee. Legal Action brought by ASCAP in 1996.
Do not expect to see any changes to the laws soon. Crooked politicians love to have celebrities including musicians and actors on the Dias with them during their political campaigns. |
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vpoko
Premium
join:2003-07-03
Jamaica Plain, MA
| reply to Dogfather
Re: Bad Summary
That's not true, you're confusing "criminal damages" with "statutory damages". RIAA/MPAA only need to prove their case by "preponderance of the evidence", not "beyond a reasonable doubt", and the state is not required to provide an attorney for you. There may be civil damamges that kick in upon a criminal conviction, but the statute also allows for pure civil suits absent of a criminal prosecution. There's nothing criminal about it. |
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