1 edit | reply to vpoko
The RIAA & MPAA is Abusing the Court System said by vpoko: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. Court is a "quest for admissable evidence". Civil courts require proof, more proof better you are, and a preponderance of the "evidence" in your favor to win. Criminal court is same proof but beyond a reasonable doubt.
Actually, the lawyers are stupid since if they claim "crime", they shouldn't be there a prosecutor should. Crimes have punishements. Civil torts have damages (loss of money).
Ex: If your friend stole your iPod, that is a civil case not a crime unless a prosecutor has almost nothing to do. It could be a crime but without prosecution, isn't. So, you sue in small claims and have 2 witnesses saying, "Yeah, he took it" or a video of he took it, you win the case by the preponderance of the evidence. A receipt proving you bought it, witnesses saying it was yours, and witnesses saying, "Yeah, he has it" will work too.
Simply, without a prosecution, there is no crime. Just a tort. Now, it could become a crime if the case is won and prosecutors decided to go after the person and win.
Once the find an unfriednly judge, the RIAA and MPAA will get whacked. "It's the proof, stupid!"
Now, if the RIAA or MPAA reps downloaded from you, you might have a civil case for invasion of privacy, malicious prosecution (torts or criminal prosecution works for that), and maybe even illegal wiretapping if say you were on dialup. If you have Vonage hooked up to a HSI connection along with downloading/uploading, invasion of privacy could still take root or illegal wiretapping since you could sue them for reading all your data. How do we know what they were looking at on IP address 189.xx.xx.xx? I doubt seriously they can't look at ALL data so how are they "looking" in the first place. Just using bittorent would be illegal on both sides if downloading copyrighted material, but, where is the distribution? If nobody but the RIAA/MPAA downloaded it, they have a weak case the Judge should pounce on.
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Saving the world keeps me busy. However, I find Earth very primitive from my home planet of Krypton.
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