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funny0
join:2010-12-22

1 recommendation

funny0 to Teksanta

Member

to Teksanta

Re: Voltage-Hurt Locker Lawsuit Round 2 Against Teksavvy Users

said by Teksanta:

non commercial file share

can that be used as a defense? like at least im not selling , its for personal use.

you don't admit to non commercially filesharing YOU say that the ip address alone cannot prove commercial filesharing and thus giving peoples names and addresses wont make any difference.

unless they have video evidence of you at some street corner sellign dvdrs then it should not fly as commercial.
the action should then be tossed , let em refile for the max 5 grand for all infringements based on non commercial and that means all they can get max wise is 5 grand with judges having already been told that undue hardship is part of this and that for one movie you really should only get 100$ ....thats not gonna be worth suing you for...
unless i don't pay for lawyers myself and sue you as an example PLUS under 7000$ you can get legal aid.

remember im not saying anyone is or isnt guilty im looking at a fact of knowing how bittorrent works ( i actually designed a file sharing protocol 6 months before bittorrent and the reason you got rsa encryption is i threatened to make a client with encryption and made a sourceforge.net project and showed what iw as gonna do. )

so the movement of data doesn't require money ONLY money really invlve dis you paying your electricity bill, as well as the person sharing and having hardware ...
so your not profiting ....RCMP will tell you make one buck off anything and they will come for you....in fact they do and every so often you hear of raids on shop owners selling counterfeit dvdrs or some flea market....
THATS WHO they want to go after with this law...
that is what conservatives said anyhow....
Stan3
join:2012-12-18

Stan3

Member

said by funny0:

you don't admit to non commercially filesharing YOU say that the ip address alone cannot prove commercial filesharing and thus giving peoples names and addresses wont make any difference.

But what if I did do it? Wouldn't it be better to just throw myself on the court's mercy and hope for a $100 fine than to fight? Can't I be charged with perjury if I lie and say I did nothing and it's later proven that I actually did do it, like if they demand to see my computer?

hm
@videotron.ca

hm

Anon

said by Stan3:

Can't I be charged with perjury if I lie and say I did nothing and it's later proven that I actually did do it, like if they demand to see my computer?

Well that's the thing.

They are claiming the account holder (ie. the ISP's accounts receivable) is the one who did it.

Who knows who did it.

If the account holder didn't, maybe, just maybe one of the kids did, maybe the significant other, maybe a friend of the kids, maybe a nephew when he came over to visit, or your sister or brother. Who the hell knows.

Do you know?

What if *your* computer showed no voltage picture? Will they go after your kids computer next? Your sisters? your nephews? the significant others? your lovers? your nephews?

Where does it end?
Baraka
join:2012-12-11
Toronto, ON

Baraka to Stan3

Member

to Stan3
It's perjury if a party lies and that lie is later proven as such. It's "spoliation" if a party tries to destroy evidence and that is later proven as such. This includes erasing incriminating files which could prove the party's guilt.

Remember, in civil proceedings the courts don't go by the standard of reasonable doubt. They go by the standard of the balance of the probabilities, which essentially means a greater than 50% chance that the defendant wronged the plaintiff. If the plaintiff can show that the defendant did anything to lie or destroy evidence, then they can request even greater damages. Plus, it'll really anger the judge who will be gunning for whoever made a mockery of his courtroom.

See Rambus v. Micron in the case which Rambus lost based on spoliation. The judge in that case was absolutely furious and his judgement pretty much ruined Rambus, which had something like that coming for more than a decade.

*I am not a lawyer, but I play one on TV.
said by Stan3:

said by funny0:

you don't admit to non commercially filesharing YOU say that the ip address alone cannot prove commercial filesharing and thus giving peoples names and addresses wont make any difference.

But what if I did do it? Wouldn't it be better to just throw myself on the court's mercy and hope for a $100 fine than to fight? Can't I be charged with perjury if I lie and say I did nothing and it's later proven that I actually did do it, like if they demand to see my computer?


rednekcowboy
join:2012-03-21

rednekcowboy

Member

said by Baraka:

It's perjury if a party lies and that lie is later proven as such. It's "spoliation" if a party tries to destroy evidence and that is later proven as such. This includes erasing incriminating files which could prove the party's guilt.

Remember, in civil proceedings the courts don't go by the standard of reasonable doubt. They go by the standard of the balance of the probabilities, which essentially means a greater than 50% chance that the defendant wronged the plaintiff. If the plaintiff can show that the defendant did anything to lie or destroy evidence, then they can request even greater damages. Plus, it'll really anger the judge who will be gunning for whoever made a mockery of his courtroom.

See Rambus v. Micron in the case which Rambus lost based on spoliation. The judge in that case was absolutely furious and his judgement pretty much ruined Rambus, which had something like that coming for more than a decade.

*I am not a lawyer, but I play one on TV.

said by Stan3:

said by funny0:

you don't admit to non commercially filesharing YOU say that the ip address alone cannot prove commercial filesharing and thus giving peoples names and addresses wont make any difference.

But what if I did do it? Wouldn't it be better to just throw myself on the court's mercy and hope for a $100 fine than to fight? Can't I be charged with perjury if I lie and say I did nothing and it's later proven that I actually did do it, like if they demand to see my computer?

No one has to perjure themselves, simply ask the plantiff to prove that it was you, yourself that committed the infringing act. As you say, the balance of probabilities. I live in a house with 4 other people, but the account is in my name. There is nothing saying, by even a "more likely than not" burden of proof, that I had anything to do with it.

As far as destroying evidence, before it even gets to that point, the plantiff has to show that it was more likely me. They cannot simply just point the finger at someone and confiscate their PC and even if they could, with my above example, everyone in the house has access to said PC and all login with the same account. There is no way to know who did what on that machine.

A little common sense goes a long way.
funny0
join:2010-12-22

funny0 to Stan3

Member

to Stan3
said by Stan3:

said by funny0:

you don't admit to non commercially filesharing YOU say that the ip address alone cannot prove commercial filesharing and thus giving peoples names and addresses wont make any difference.

But what if I did do it? Wouldn't it be better to just throw myself on the court's mercy and hope for a $100 fine than to fight? Can't I be charged with perjury if I lie and say I did nothing and it's later proven that I actually did do it, like if they demand to see my computer?

so if i sue you for wrecking my car and you didn't your reasoning is to goto court cause you think its cheaper to just plead guilty cause i said 100$ or ill sue you for ten grand? NO this is about making sure that in a civil case the proper lawsuit is at least addressed and not some one trying ot game a system because people are poor.

i'd rather get ten year sin prison then plead guilty to anything i did not do or was not guilty of.