Sccts guy contradicts RIAA document

Craig White craig at tobyhouse.com
Thu Jan 3 11:26:34 MST 2008


RIAA doesn't appear to care whether they collect and have a history of
going after children, the aged, etc. They are concerned with getting the
right coverage from media to have a chilling effect on people.

The problem with Howell getting a lawyer at this stage is that the finer
legal issues have mostly already been conceded by Howell.

The reason that this story got traction in the first place is the change
of postulation by the plaintiffs between their original motion for
summary judgment which was accepted and then later vacated by the court
and their new motion for summary judgment which claimed a new standard
for proof of defendant's infringement.

Craig

On Thu, 2008-01-03 at 10:13 -0800, keith smith wrote:
> Seems to be something there.  The funny part is this guy sound
> indigent and they are going to throw tens or hundreds of thousands at
> this suite to get nothing more than a judgment that will go unpaid. 
> 
> Should be an interesting case.  Too bad a lawyer does not pick this
> one up because this guy is saying he did not INTEND to share his
> music.
> 
> From a legal standpoint this might be a standard setting case.
> 
> If I leave my car keys in my car in my driveway and someone steals my
> car, they stole it.
> 
> Seems like this guy is a victim not a violator of the law.  If you
> take something from my computer I did not intend you take that is
> theft.  If he made the music available by accident that may not
> constitute theft however that might not constitute willful sharing.
> 
> It is an uneven court battle though. 
> 
> 
> 
> 
> Craig White <craig at tobyhouse.com> wrote:
>         
>         On Wed, 2008-01-02 at 23:36 -0700, Matt Graham wrote:
>         > From: Alan Dayley 
>         > > Craig White wrote:
>         > >> You can count on local news to completely botch the story
>         - CNN too. 
>         > > I don't like to watch the news. Nearly any story on any
>         topic that I
>         > > have some knowledge about, they get wrong somehow. So, if
>         that happens
>         > > every time with things I have knowledge of, how can I
>         trust them for
>         > > things for which I don't have corroboration?
>         > 
>         > Aye. The purpose of TV is not to inform or entertain, it is
>         to deliver
>         > your eyeballs to advertisers. The programs are not the
>         product, *you*
>         > are the product, and your attention is being sold to people
>         at $25K for
>         > 30 seconds. Newspapers are similar, but there's less money
>         in paper,
>         > so they've cut copy editing to icanhascheezburger.com levels
>         and replaced
>         > fact-checking with trying to make sure they won't be sued.
>         Note that
>         > it's *difficult* to convey The Truth to Joe Sixpack. As
>         such, it's no
>         > wonder that the mission of the media has changed from
>         "Deliver the truth"
>         > to "Deliver what sells". Some say that this has always been
>         the media's
>         > mission.
>         > 
>         > So, with all traditional media channels suspect, I have to
>         get all my
>         > news from only reliable sources: The Internet and small
>         children.
>         > This has led me to believe that the only hope for the nation
>         is to
>         > elect representatives from the Monster Raving Loony Party in
>         2008.
>         ----
>         5 days after Washington Post published the story, the Arizona
>         Republic
>         finally figured out that there was a story here...
>         
>         http://www.azcentral.com/news/articles/0102music0103ON.html
>         
>         Of course, they are still trying to figure out what the story
>         actually
>         is...fear not, they missed it completely.
>         
>         Craig
>         
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> 
> 
> 
> ------------------------
> Keith Smith
> (480) 584-4772
> PHP Programming
> 
> 
> 
> 
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