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PixelFreak
Innocent Until Proven Guilty
join:2001-02-21
Bremerton, WA
| reply to Skippy25
Re: Ok and now the rest of the story...
said by Skippy25  :This isnt even a gray area. The individual is guilty of distributing the files whether they can prove someone other than themself could get them. You know this, I know this, the RIAA knows this, and the courts should confirm it. If you have the files shared, then your intent is for them to be downloaded. All of you "downloaders" will come here to argue your pathetic case because you want the courts to protect you from your illegal activities. Wow, I can't even begin to tell you how wrong these statements are without taking up a full page here, which I will not.
I am so glad this guy is not on the jury anywhere since he refuses to follow the letter of the law himself. INTENT to distribute is not against the law, just like most other intentions (unless specifically noted in the statue, such as Possession of Marijuana with intent to distribute). The reason for such a strict writing of the statute is because usually Americans can not be held liable/guilty for thoughts, or intentions. We are only liable for acts (again, unless specifically authorized like the MJ example above).
Tell me you've never thought about busting up your neighbor's car when he plays his music way too loud at night and has his party buddies pissing in your lawn at three in the morning? But, you refrain from actually destroying his car (or face for that matter) and protect yourself from going to jail. Under the OP's belief, you should be convicted because you intended to do it, but it just never happened.
Wow...
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Music in the soul can be heard by the universe. - Lao Tsu | |
Skippy25
join:2000-09-13
Hazelwood, MO
| Intent to distribute is a violation of many laws. Your intent to murder someone, your intent to distribute drugs, your intent to molest a child...... etc. Bottom line is that your intent in many things is punishable and it should be in this case. Whether or not you actually did it is moot. The fact that 1, you more then likely stole the file to begin with and 2 the fact that you had it there for others to obtain illegally is enough.
You can continue to skirt the issue all you want, but regardless an illegal act is intended without question. You know it and I know it. | |
PixelFreak
Innocent Until Proven Guilty
join:2001-02-21
Bremerton, WA
| said by Skippy25 :Intent to distribute is a violation of many laws. Your intent to murder someone, your intent to distribute drugs, your intent to molest a child...... etc. Bottom line is that your intent in many things is punishable and it should be in this case. Whether or not you actually did it is moot. The fact that 1, you more then likely stole the file to begin with and 2 the fact that you had it there for others to obtain illegally is enough. You can continue to skirt the issue all you want, but regardless an illegal act is intended without question. You know it and I know it. I can't being to tell you how hard I am laughing at this argument. Intent is only part of the analysis if the crime is actually completed. It's an element of the CRIME, but id you don't actually COMMIT the crime, your intent is not punishable. Sheesh.
For you to understand, it's the basic legal principle of ACTUS REUS (the act) and MENS REA (the culpable mental state).
Actus Reus and Mens Rea
Honestly, you act like I came up with these principles so that you can simply discard them for the sake of your argument, but you are wrong - so stinking wrong - it's hilarious. Read those two links, understand them, breathe them in, and then come back here and continue to argue your position about intent being the overall issue at trial without any completed act and I will continue to laugh some more at you. Please, go ahead...
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Music in the soul can be heard by the universe. - Lao Tsu | |
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