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keith2468
Premium,MVM
join:2001-02-03
Winnipeg, MB

She wouldn't set the needed precedent

If this woman takes the case to court and wins against the RIAA think about what the decision will say:

"If the plaintiff can't prove you probably caused them a loss, the plaintiff will not succeed in a suit against you."

The suit will not set any kind of a precedent about P2P or copyrights.

It would just be another lawsuit dropped or dismissed due to lack of proof.
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jp10558
Premium
join:2005-06-24
Willseyville, NY

said by keith2468:

If this woman takes the case to court and wins against the RIAA think about what the decision will say:

"If the plaintiff can't prove you probably caused them a loss, the plaintiff will not succeed in a suit against you."

The suit will not set any kind of a precedent about P2P or copyrights.

It would just be another lawsuit dropped or dismissed due to lack of proof.
Actually, it would make a big difference over what we have today. It would set somewhat the standard of proof needed.

Which likely would mean less (or more depending on the outcome) suites and settlements.

For instance, if it goes to court on this case, and they dismiss it due to lack of proof, I'd say it would kill the RIAA's entire sue people campaign so far.

Really, how many filesharers can't say their kid's friend did it? Or their wireless access point was used without their knowledge? If it became known (and you better believe it would) that saying "my kid's friend did it - I was at work/out/making dinner/etc" is a sufficient defense, then no one would settle.
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