On Wed, 2008-01-02 at 12:15 -0700, Chris Gehlker wrote:
> On Jan 2, 2008, at 11:32 AM, Craig White wrote:
> 
> > except of course that it is disputed...
> 
> You are absolutely correct. In fact I had read that and simply forgot.  
> Subsequently I read this:
> 
> "It is undisputed that Defendant possessed unauthorized copies of  
> Plaintiffs’ copyrighted sound recordings on his computer.  Exhibit B  
> to Plaintiffs’ Complaint is a series of screen shots showing the sound  
> recording and other files found in the KaZaA shared folder on  
> Defendant’s computer on January 30, 2006.  (SOF, Doc. No. 31, at ¶¶ 4-  
> 6); Exhibit 12 to SOF at ¶¶ 13, 17-18.)  Virtually all of the sound  
> recordings on Exhibit B are in the “.mp3” format.  (Exhibit 10 to SOF,  
> showing virtually all audio files with the “.mp3” extension.)   
> Defendant admitted that he converted these sound recordings from their  
> original format to the .mp3 format for his and his wife’s use.   
> (Howell Dep. 107:24 to 110:2; 114:1 to 116:16).  The .mp3 format is a  
> “compressed format [that] allows for rapid transmission of digital  
> audio files from one computer to another by electronic mail or any  
> other file transfer protocol.”  Napster, 239 F.3d at 1011.  Once  
> Defendant converted Plaintiffs’ recording into the compressed .mp3  
> format and they are in his shared folder, they are no longer the  
> authorized copies distributed by Plaintiffs.  Moreover, Defendant had  
> no authorization to distribute Plaintiffs’ copyrighted recordings from  
> his KaZaA shared folder."
> 
> I did fail to make the distinction between it being 'undisputed' that  
> the files were on his computer and it being 'undisputed' that they  
> were in his Kazaa shared folder. I guess he is asserting that the RIAA  
> photoshopped Exhibit B and that they are not real screen shots.
----
I would surmise (I didn't see the consultant's report - was it
Jacobson?) that he has only a listing of the 'virtual' folder

Craig

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