  TKJunkMail Enjoy the sun Premium join:2002-03-03 Avalon, NJ
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1 edit | RIAA wins big case against Usenet
»news.cnet.com/8301-1023_3-102766···1_3-0-20
In a decision that hands the RIAA an overwhelming victory, U.S. District Judge Harold Baer ruled in favor of the music industry on all its main theories: that Usenet.com is guilty of direct, contributory, and vicarious infringement. In addition, and perhaps most important for future cases, Baer said that Usenet.com can't claim protection under the Sony Betamax decision. That ruling says companies can't be held liable of contributory infringement if the device is "capable of significant non-infringing uses."
The case is highly unusual because of Baer's many findings of discovery misconduct by the Usenet.com side. The rules of discovery in a civil case requires both sides to exchange information. The RIAA produced evidence, however, that Usenet.com destroying evidence or failed to produce witnesses on multiple occasions.
Instead, the judge sanctioned Usenet.com "from asserting (the company's) affirmative defense of protection under the DMCA's safe harbor provision." The Digital Millennium Copyright Act's safe harbor provides refuge to Internet service providers from being held responsible for criminal acts committed by users. Without that and without the Betamax decision, Usenet.com was a sitting duck. No details released yet on what sanctions will be levied against Usenet and how much the RIAA wins in the case.
The RIAA is on a winning streak lately. Jammie Thomas loses AGAIN. The Pirate Bay sells out. And now Usenet, which many thought untouchable, loses big in court. Lots of comments by The Pirate Bay Users about going to Usenet - Uh Oh. -- My BLOG .. .. Internet News .. .. My Web Page |
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 vinnie97
join:2003-12-05 Mesquite, TX | Can't agree with your cheerleading for the RIAA, chief. They are despicable dinosaurs. |
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 Metatron2008
join:2008-09-02 Stockbridge, GA 1 edit | The alternative to cheer for is despicable thieves. I try to stay away from both crowds. |
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  cableties Premium join:2005-01-27 | Stop encouraging TKJunkmail!  |
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  Matt Take me down to the paradise city Premium join:2003-07-20 Jamestown, NC | reply to TKJunkMail I hate to say "I told you so" but for everyone who thought thievery via Usenet (not just usenet.com) was safe, think again. It was only a matter of time before the RIAA went after them. And Usenet is not hard to shut down like P2P. |
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 sonicmerlin
join:2009-05-24 Cleveland, OH | Copyright infringement isn't actually "thievery". |
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  Matt Take me down to the paradise city Premium join:2003-07-20 Jamestown, NC
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| said by sonicmerlin :Copyright infringement isn't actually "thievery". In the general sense of the word, yes it is. If you want to be technical about it so you can sleep better at night, then so be it. I have no desire to try and change the opinion of someone who would choose to make that distinction to support their activities. It's my opinion that you are taking money from someone that they otherwise would have gotten. The argument that you're "trying it out" or "never would have bought it in the first place" is a non sequitur that again, is used to rationalize a criminal act.
I'll state it here again, I don't care if you steal movies and music, but stop trying to rationalize it with absurd excuses. I think the RIAA (not so much the MPAA yet) painted themselves into this corner and exacerbated the problem with their stubbornness, but there are plenty of extremely reasonably priced, non-DRM, easy to use alternatives out there now. So let's just call a spade a spade shall we? |
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 vinnie97
join:2003-12-05 Mesquite, TX | reply to Metatron2008 The benefit to the second crowd is the discovery of new music that might not have otherwise been known. RIAA are trying to be information control whores. |
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  Matt Take me down to the paradise city Premium join:2003-07-20 Jamestown, NC
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| said by vinnie97 :The benefit to the second crowd is the discovery of new music that might not have otherwise been known. RIAA are trying to be information control whores. What? That's what radio, or Pandora, or any number of legals services are for. |
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