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Forums » An Inside Look At RIAA DMCA Letter Generation » Hmmm
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« How do they know what the file is?  
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jc100

join:2002-04-10
reply to Cheese
Re: Hmmm

Nope.. not at all. So in order to get around such shaky ground, the RIAA sends someone to download the file and log such activity. There by, they claim the person broke the law and that they now had net losses. Easy fix.

hoyleysox

join:2003-11-07
Long Beach, CA
If the RIAA did that on Bittorrent, they would be breaking the law by making the infringing file available for others to download also...

jc100

join:2002-04-10
They own title to said file, so it's not illegal to share. The FBI has done that to catch pirates, so I'm sure the RIAA can.


KrK
Heavy Artillery For The Little Guy
Premium
join:2000-01-17
Tulsa, OK
·Cox HSI
·AT&T Southwest

reply to jc100
said by jc100 See Profile :

Nope.. not at all. So in order to get around such shaky ground, the RIAA sends someone to download the file and log such activity. There by, they claim the person broke the law and that they now had net losses. Easy fix.
That would require breaking the law.
--
"Regulatory capitalism is when companies invest in lawyers, lobbyists, and politicians, instead of plant, people, and customer service." - former FCC Chairman William Kennard (A real FCC Chairman, unlike the current Corporate Spokesperson in the job!)

Skippy25

join:2000-09-13
Hazelwood, MO
Nice try, but if the company they hire to download the files were given authorization to do such (which they would be as that is what they were hired for), then that company is not breaking any law.


Maggs
Premium
join:2002-11-29
Woodside, NY
clubs:
reply to KrK
Wouldn't that be entrapment


GamerGeek

join:2003-07-26
Fortuna, CA

said by Maggs See Profile :

Wouldn't that be entrapment
That would most definitely be entrapment.

jc100

join:2002-04-10
·RoadRunner Cable

reply to Maggs
No. Entrapment is a very tough defense that RARELY if ever works. I mean the police these days pretend to be kids and snare people. The person on the other line is an adult, yet they get them for attempted solicitation of a minor. That is entrapment but they still get those people. That's just one example. The only time I CAN EVER remember the entrapment defense working in a major case would be with Delorean. Delorean was approached by the FBI to sell drugs after his was going bankrupt. T hey then got him on drug charges and he won on the defense they approached him and not vice versa. However, 99.99 percent of the time, you're shit out of luck with that defense.

Yikes2000

join:2001-08-15
Irvine, CA
reply to jc100
If RIAA shares the file on BitTorrent, then RIAA is in effect granting the downloaders to share the file with others because downloading requires sharing in standard BitTorrent.


root9

join:2005-04-08
Kitchener, ON
·Bell Sympatico

reply to jc100
said by jc100 See Profile :

They own title to said file, so it's not illegal to share. The FBI has done that to catch pirates, so I'm sure the RIAA can.
Technically RIAA doesn't own the title to anything. People who they represent do. Therefore RIAA is liable just as anyone else if they download said illegal content.
--
Please engage eyeballs and retain functional brain before operating fingers.
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