[OT?] wired article about Thomas / RIAA Case (was: Re: lawyer Ira Schwartz [...] (was: Re: [...] RIAA document))

[Mike Schwartz]

(see below for 19-June-2008 comment)

On Sun, Jan 6, 2008 at 11:32 AM, Mike Schwartz <schwartz at acm.org> wrote:
>
> On 1/6/08, Craig White <craigwhite at azapple.com> wrote:
> > On Sat, 2008-01-05 at 23:10 -0700, der.hans wrote:
> >
> > > That's why I suggested we try to help Howell. I don't support illegally
> > > sharing copyrighted works. I also don't support large corporations
> > > with deep pockets suing people into oblivion. I especially don't
> > > support the big companies if they're using that case to try to cause me
> > > problems. Trying to curtail fair use is definitely something that causes
> > > me problems.
> > ----
> > The issues that we are discussing and were brought to the fore by the
> > various media outlets such as the Washington Post article by Mark Fisher
> > are not the issues that are of specific use to Howell. It is at the very
> > best, an issue to potentially mitigate the damages but he has already
> > conceded the points of the plaintiff.
> >
> > Curiously, plaintiff's claims for a reduced burden of proof came after
> > the simultaneous award for plaintiffs in Capitol vs Thomas and this
> > court request for briefings in preparation for oral arguments...
> >
> > http://www.ilrweb.com/viewILRPDF.asp?filename=atlantic_howell_071003OrderDirectingFurtherBriefingof4Questions
> >
> > and comically, the parties were given a week to submit briefs on the
> > matter and Howell, pro se, probably could have had 4 months and it
> > wouldn't have made a difference.
> >
> > In their supplemental brief for summary judgment, plaintiff makes
> > specific reference to the reduced burden of proof established by Capitol
> > vs Thomas and this specifically relates to fair use.
> >
> > The NPR 'Talk of the Nation' show (which I've been unable to play on
> > Linux...I might have to switch over to Windows to hear it), clearly has
> > Sherman of the RIAA incapable of issuing a blanket statement that it is
> > legal to rip a copy of a CD that you own to your hard drive. RIAA's
> > current position is that they and they alone are the arbiter of what
> > constitutes fair use and while the courts have yet to fully weigh in,
> > it's evident that when you've been selected as their next train wreck,
> > like Howell, the distinction of what constitutes fair use is not going
> > to stop the train that is coming your way at full bore. According to Roy
> > Beckerman, lawyer defending several RIAA targets, this is no accident
> > but rather the deliberate attempt by plaintiff (RIAA) to establish
> > precedent and thereby codify their view of fair use.
> >
> > Craig
> >
> > ---------------------------------------------------
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>
> "So far", this has been a very interesting thread.
> I haven't followed (read) "all" of the links to outside interesting web pages,
> but I did check out
>    http://slashdot.org/comments.pl?sid=401886&threshold=0&commentsort=5&mode=flat&cid=21859278
> a little bit, and it has a link to
>   http://web.archive.org/web/20070516072606/http://www.riaa.com/issues/ask/default.asp
> which I found very interesting.
>   HOWEVER, the main reason I am writing now, is that I noticed
> that der.hans picked up on something about the lawyer Ira Schwartz.
> (**NOTE**: no relation to me, as far as I know).
>   It's just that, a lawyer named Ira M. Schwartz (probably the same guy)
> came and spoke to the Phoenix Chapter ACM (which I was the treasurer
> of "at the time) on Tues., Nov. 19, 1996.   (The meeting was also jointly
> sponsored by the Phoenix Chapter of the IEEE Computer Society, and
> I think also a SPIN group too). Ira Schwartz had been invited to speak by
> the chairperson of the chapter, Tony Rizzo.  The topic of his talk was
>    "Software and the law"
> and the meeting was held at DeVry [2149 W Dunlap] and I can tell
> you (I was there) that the presentation was very interesting.  I would even
> say, fascinating.  Also, the speaker seemed to be knowledgeable and
> sorta "able to see both sides" on a very wide range of issues.  Many of the
> issues he mentioned seemed to me, to be of the kind that strikes one as,
> "hey, that is really interesting, I haven't really thought about / realized some
> of that before, (but I probably should have!)".
>     A few days ago (probably 01Jan2008) I e-mailed Tony, to ask him whether
> this lawyer (mentioned in this case) was the same guy.  I still have some
> copies (paper) of the Newsletter that was mailed out announcing the meeting,
> [hence the amount of specific details included above, way more than
>   my "off hand" recollection would have probably been limited to]
> and it says that, at the time, Ira M. Schwartz was
>     << "the managing attorney for Schwartz & Associates,
>            which emphasizes intellectual property law.
>            [...]  Schwartz is [1996] a frequent lecturer on copyright
>            and computer law topics, [...]" >>.
> I may also have at least one electronic copy of that newsletter (probably in
> an MS-word format "older than Word 97!") lying around somewhere...
> -- I'd have to check, and so far I am too lazy --
> so that will have to remain a definite "maybe".
>     Per his prompt e-mail reply, Tony Rizzo apparently hasn't kept in touch
> with that lawyer / speaker (and - hey - it has been over 11 years), so he was
> not sure whether this (the lawyer mentioned in this thread) is the same guy.
> But I think he was local (living somewhere in the valley) at least, at
> that time
> [1996] so I think it is probably the same lawyer.
>    Just thought this was interesting...
> (even though - as far as I know - this lawyer Ira Schwartz is no
> relation to me).
> --
> Mike Schwartz [...]

19-June-2008 comment:

I know this is an old thread, and I haven't actually read (all of)
this "Wired" article:
    http://blog.wired.com/27bstroke6/2008/06/professors-sidi.html
    ("Professors Siding With Jammie Thomas in RIAA Case")
e.g., here is an excerpt from the "Wired" article:
<< "The "making available" issue, combined with whether the RIAA's
downloads can be used to prove distribution, are important questions
of law whose ultimate answers promise to change the course of the
RIAA's litigation machine, with more than 20,000 copyright
infringement lawsuits filed so far." >>
     but I thought that maybe those who had been following this stuff
with interest, might want to read this.
So, click or delete -- it's your choice...
regards,
--
Mike Schwartz
Glendale AZ
schwartz at acm.org