 BitPremium
join:2009-02-19
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4 edits | reply to fAcEtIOUs
Re: Jammie Thomas loses to RIAA in retrial of infringement case Wrong it was NEVER proved. Only the copyright holder's agent downloaded the songs. Kazaa didn't keep records of transfers. It is IMPOSSIBLE for the RIAA to determine or prove distribution occurred. The RIAA lawyers said it was only logical that distribution occurred because that is why Kazaa existed.
»www.google.com/hostednews/ap/art···98TC2401
quote:
Although the plaintiffs weren't able to prove that anyone but MediaSentry downloaded songs off her computer because Kazaa kept no such records, Reynolds told the jury it's only logical that many users had downloaded songs offered through her computer because that's what Kazaa was there for.
Making available is not infringement and I have ABSOLUTELY had shared items in Kazaa back in the day that NEVER saw a single upload.
said by Judge Wake in his ruling that making available is not infringement :
"The court agrees with the great weight of authority that section 106(3) is not violated unless the defendant has actually distributed an unauthorized copy of the work to a member of the public," wrote the judge in his order. "Merely making an unauthorized copy of a copyrighted work available to the public does not violate a copyright holder's exclusive right of distribution."
»news.cnet.com/8301-10784_3-9932004-7.html
There was no proof anyone other than the copyright holder's agent downloaded the songs. Zero, zilch, nada, none.
This jury awarded $2M on an assumption. There wasn't even anything close to a preponderance of evidence showing anyone downloaded songs from her which is REQUIRED for any award.
At no time was distribution proved to have occurred.
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| said by Bit:There was no proof anyone other than the copyright holder's agent downloaded the songs. Guess what? The copyright holder's agent is legally a member of the public. So it was distributed.
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My BLOG .. .. Internet News .. .. My Web Page |
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| reply to Bit
You just know TK popped a chubby when he saw the news. |
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| said by digitalfreak:You just know TK popped a chubby when he saw the news. I lol'd.
This really gets him/her off I noticed.  |
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BitPremium
join:2009-02-19
00000
3 edits | reply to fAcEtIOUs
said by fAcEtIOUs:said by Bit:There was no proof anyone other than the copyright holder's agent downloaded the songs. Guess what? The copyright holder's agent is legally a member of the public. So it was distributed. Guess what, not according to Judge Wake they aren't. Copyright holders can not infringe on their own work. Their agent is authorized to obtain a copy of the work via P2P otherwise they are also in violation of Title 17 soon as they copy it. Can't have it both ways TK.
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| reply to digitalfreak
Re: Jammie Thomas loses to RIAA in retrial of infringement case So you're saying Liam and TK have the SAME chubby?  |
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