On Jan 3, 2008, at 12:43 AM, der.hans wrote:

> The reason I mentioned it on list is because the guy being sued made  
> the
> claim that he didn't intentionally share any music, which  
> contradicts the
> document from the Atlantic's lawyer.
>
> The section C of the document from Atlantic's lawyer starts off with  
> "It
> is undisputed that Defendant..." Well, he just disputed it.

Not really. I think the relevant quote is in part E:
"In sum, it is undisputed that Defendant intentionally uploaded  
digital music files to his computer, and that those files were being  
distributed to other KaZaA users without Plaintiffs’ permission in  
violation of the Copyright Act.  Defendant’s bald assertion that he  
did not realize these sound recordings were being distributed from his  
KaZaA shared folder to other KaZaA users is both belied by the facts  
and irrelevant under the law."

So there is an actual issue in dispute as to whether Howell *knew* he  
was distributing music files.
--
The folly of mistaking a paradox for a discovery, a metaphor for a  
proof, a torrent of verbiage for a spring of capital truths, and  
oneself for an oracle, is inborn in us.
-Paul Valery, poet and philosopher (1871-1945)


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