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Forums » First Music Download Case Gets Second Chance » Ok and now the rest of the story...
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elios

join:2005-11-15
Springfield, MO
·Mediacom

Re: Ok and now the rest of the story...

said by TKJunkMail See Profile :

said by elios See Profile :

its also been proved the RIAA cant infringe on it self
they have to prove a 3rd party downloaded them
good luck with that
Hence their non-stop lobbying efforts to get ISPs to monitor users internet access.
and that wont happen unless ISP's lose there common carrier get out lawsuit free cards

and even if they did good luck with any thing encrypted
or even rar/zipped

what are they going to do outlaw HTTPS, winrar and winzip?
NormanS
Premium,MVM
join:2001-02-14
San Jose, CA
·Pacific Bell - SBC

Re: Ok and now the rest of the story...

said by elios See Profile :

and that wont happen unless ISP's lose there common carrier get out lawsuit free cards
What give the ISPs this "common carrier" status? And what, exactly, does "common carrier" mean, anyway?

»www.davros.org/legal/carriers.html
»www.cybertelecom.org/notes/commo···rier.htm

I am trying to comprehend how common carrier status actually applies to ISPs. Oh, and there is this:
quote:
Refusal to Carry: Illegal Purpose

Common carriers have an obligation to provide service to any and all comers, except where service is clearly being used for illegal purposes.

And this...
quote:
The term “telecommunications carrier”—

(C) does not include—

(i) persons or entities insofar as they are engaged in providing information services;

It is also not clear to me that a service, or entity classified as a common carrier, can lose its common carrier status. Apparently, it either is a common carrier, by virtue of the services it provides, or it is not.

Perhaps the barracks lawyers should step off of their soap boxes for a moment, and do some research. Time for bed, so I will read more from these two, and other, links later.
--
Norman
~Oh Lord, why have you come
~To Konnyu, with the Lion and the Drum
Forums » First Music Download Case Gets Second ChanceLeast common ....... »
« what if you where a slilly person  


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