On Jan 2, 2008, at 10:13 AM, Craig White wrote:

> where on earth did you get the idea that the files actually were
> physically moved? You are assuming facts that are not supported by the
> evidence and even worse, you already know that the 'folders' that a
> program considers accessible or in this case shared, can be dispersed
> anywhere. It's a concept called 'virtual folders', I'm disappointed  
> that
> you seem to struggle getting your head around the concept.


It's undisputed. The RIAA's expert witness testified that the the  
files were actually in the Kazaa shared folder and Howell didn't  
dispute it. He merely argued that "malfunction" or "third party" had  
put them there. Later he says that the Kazaa program itself put them  
there.[1]

Then the RIAA's expert comes back and says that Kazaa logs whether the  
files were copied into the shared folder on 1st run or later but that  
Howell deleted the logs.

I understand the point you are making about 'virtual folders'  
perfectly well. I just don't see any relevance since the RIAA has  
asserted all along that the actual files were in the shared folder.

The RIAA's expert also says that Kazaa won't  share from other folders  
besides the 'shared' folder without the users explicit choice.

[1]  iTunes on first run searches all attached storage for audio files  
and copies them into the ' iTunes Music' folder. I don't doubt that  
Kazaa works in a similar manner with regard to the 'shared'  folder.  
The RIAA expert seems to concede as much. But he goes on to assert  
that such files are clearly  visible in the shared folder and that  
Howell deleted logs which would have shown that he also moved or  
copied some files there later.

---
Neither a man nor a crowd nor a nation can be trusted to act humanely  
or to think sanely under the influence of a great fear.

-Bertrand Russell, philosopher, mathematician, author, Nobel laureate  
(1872-1970)


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