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GlobalMind
Domino Dude, POWER Systems Guy
Premium
join:2001-10-29
Hollywood, FL
| reply to karlmarx
Re: Just Die
said by karlmarx  :The RIAA DIDN'T download any songs from him, they just got a list of songs. Well....I agree with the EFF's point that the act of placing the ripped MP3s into a "shared folder" isn't infringement in any way. My rationale is that I could have a "shared folder" on my local home network and not have it be infringement.
The difference here is that I think what they're saying is he also was sharing that folder on some P2P app. I think that's a different story. That's probably enough to claim intent to distribute, which is a problem. Somehow they got a list of what he was sharing. So either it was available publically or they hacked his PC or network.
said by karlmarx :He OWNED the SONGS. Actually no he doesn't. You never do. He owns the physical media (the CD), not the content on it. Thus you don't have rights to distribute the tunes, which really is in my view the RIAA's one and only valid argument.
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TheGlobalMind.com | Speed costs money. How fast do you want to go? | Trust the instinct to the end, though you can render no reason. Ralph Waldo Emerson
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NormanS
Premium,MVM
join:2001-02-14
San Jose, CA
 ·Pacific Bell - SBC
| said by GlobalMind :The difference here is that I think what they're saying is he also was sharing that folder on some P2P app. I think that's a different story. That's probably enough to claim intent to distribute, which is a problem. Somehow they got a list of what he was sharing. So either it was available publically or they hacked his PC or network. Ah. So if I walk around town with a pistol openly carried on my hip, you know that I have the intent to use it on somebody. That is actually legal, under state law in California; open carry. Might be different under local laws, but that is the state law.
"Intent" is damned hard to prove, absent an overt act.
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Norman
~Oh Lord, why have you come
~To Konnyu, with the Lion and the Drum | |
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