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NormanS
I gave her time to steal my mind away
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join:2001-02-14
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reply to bobjohnson

Re: Ridiculous...

said by bobjohnson:

said by NormanS:

said by bobjohnson:

If you try to ship a pound of cocaine and an AK chances are that their x-ray machines won't miss it. Not paying for things and sharing things against copyright laws is illegal. It's the same as possession of any digital medium that is illegal. If you share it on the internet, they will find it and then find you.

Who are "they"? How will "they" find "it"? In terms of FedEx, UPS, USPS.

USPS has the postal inspectors that do it all the time, the TSA finds suspect packages on UPS and FedEx planes... Drivers report them... Etc.

But TSA is not the carrier. The carriers, except for USPS, have no inspectors. And even the USPS inspectors are not allowed to open packages willy-nilly, without warrants.

WRT ISPs, let the copyright trolls take their evidence to court to get subpoenas; one case per IP address.
--
Norman
~Oh Lord, why have you come
~To Konnyu, with the Lion and the Drum


bobjohnson
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Orlando, FL
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said by NormanS:

But TSA is not the carrier. The carriers, except for USPS, have no inspectors. And even the USPS inspectors are not allowed to open packages willy-nilly, without warrants.

WRT ISPs, let the copyright trolls take their evidence to court to get subpoenas; one case per IP address.

This I agree with... But as of now the trolls are finding who is sending the files and needing the ISPs to give them a physical address. This is all just a really big mess and as I mentioned in a reply above, the internet is a different animal than shipping physical things.
--



NormanS
I gave her time to steal my mind away
Premium,MVM
join:2001-02-14
San Jose, CA
kudos:11
Reviews:
·SONIC.NET
·Pacific Bell - SBC

said by bobjohnson:

This I agree with... But as of now the trolls are finding who is sending the files and needing the ISPs to give them a physical address.

But they are going direct to the ISP for that information; they should be taking the information before a judge and filing a formal complaint in a court of law. One case per IP address.
--
Norman
~Oh Lord, why have you come
~To Konnyu, with the Lion and the Drum


bobjohnson
Premium
join:2007-02-03
Orlando, FL

I wonder how many people would actually be charged with something if they actually did that.



NormanS
I gave her time to steal my mind away
Premium,MVM
join:2001-02-14
San Jose, CA
kudos:11
Reviews:
·SONIC.NET
·Pacific Bell - SBC

Why would it lead to charges? Criminal action has a stiff level of proof to meet. I would expect it to lead to civil complaints.

The point is, sanctions should not be imposed based on third party complaints without judicial overview.
--
Norman
~Oh Lord, why have you come
~To Konnyu, with the Lion and the Drum



bobjohnson
Premium
join:2007-02-03
Orlando, FL
Reviews:
·AT&T U-Verse
·T-Mobile US
·Sprint Mobile Br..

said by NormanS:

Why would it lead to charges? Criminal action has a stiff level of proof to meet. I would expect it to lead to civil complaints.

The point is, sanctions should not be imposed based on third party complaints without judicial overview.

I'm thinking about states where the criminal justice system is a state income source like Florida, or some situations where the judicial system believes they would be doing good by attempting to prosecute people based on this stuff. It will happen.
--


patronanejo

join:2009-09-10
EC2R 8AH

4 edits
reply to bobjohnson


This contradicts the original point:

said by bobjohnson:

....This is all just a really big mess and as I mentioned in a reply above, the internet is a different animal than shipping physical things.

Actually, what rradina See Profile originally meant was that they are not at all different:
said by rradina:

So they x-ray packages to discover illegally scanned copies of books, thumb-drives that contain an illegal copy of an MP3 library or an illegal copy of a DVD that someone just mailed to a dozen friends?

Forcing an ISP to police ostensibly-illegal digital files transiting its network infrastructure is no more legitimate than holding FedEx or USPS responsible for allowing illegal digital files --in thumb drives or on DVDs--to be delivered across their infrastructures.

It's preposterous, it's invasive, and the scale of the undertaking is badly misjudged.