KodiacZiller
join:2008-09-04
73368
| Net Act
Whatever happened to the NET Act? And why doesn't the RIAA utilize it to not only sue but also criminally prosecute? If you share one MP3, you are a felon, according to the NET Act and you can serve 5 years in the slammer for it.
Perhaps a lawyer here could elaborate on why it isn't enforced in the P2P cases. |
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jmn1207
Premium
join:2000-07-19
Reston, VA
 ·Verizon FIOS
| I think it's still around. The RIAA/MPAA would bring on a whole new level of shit-storm if they started prosecuting a bunch of college students as felons. A jury of peers would most likely employ jury nullification and the public would demand that these draconian laws be eradicated.
I don't think the RIAA wants justice, they just want money. And that is unjustified in my opinion. |
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Kearnstd
Elf Wizard
Premium
join:2002-01-22
Mullica Hill, NJ
| reply to KodiacZiller
said by KodiacZiller  :Whatever happened to the NET Act? And why doesn't the RIAA utilize it to not only sue but also criminally prosecute? If you share one MP3, you are a felon, according to the NET Act and you can serve 5 years in the slammer for it. Perhaps a lawyer here could elaborate on why it isn't enforced in the P2P cases. because to press criminal charges and lock someone up as a Felon the RIAA would need to present hard proof that the person did the crime. they would also have to hope a Jury agreed with them, and in this day in age where big business doesnt exactly have a great image they wouldnt stand a chance.
so basicly two issues the RIAA isnt compatable with because it gets in the way of their strongarm tactics
1. requiring Evidence, the RIAA never has had any real Evidence so a criminal case would crumble
2. a Jury, once you take the back room BS out of the picture and put it in the hands of the Jury, the RIAA could end up paying the person.
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[65 Arcanist]Filan(High Elf) Zone: Broadband Reports |
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IT Guy
Ow, My Balls
Premium
join:2004-07-29
Las Cruces, NM
clubs:
 ·Comcast
| reply to KodiacZiller
IMO, the punishment doesn't fit the crime. This would open up the flood gates and I could see it ending up in the Supreme Court.
If your casual, personal use pirate gets caught, I could see it being a petty misdemeanor, but a felony? Get serious! We're running out of space in our prisons as it is, there's no room in there for non-violent offenders. Who would you rather have out on the streets? A measly copyright infringer or a sociopathic murderer? Priorities!!!
Now I could see a multi-year prison term handed out to a pirate who was making a profit off of others' work, but let's be real! If you make it a felony to simply download the content for personal use, I believe it will have a very negative affect in the entire criminal justice system. Many jurisdictions don't have enough cops to serve their community, courts are already bogged down with their dockets and as I stated before, our prisons are bursting at the seams, largely with non-violent offenders as-it-is. Why make it worse over something that can be handled in civil court or handled more like a parking ticket?
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My time is a piece of wax, falling on a termite, that's choking on a splinter. --Beck |
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