On Thu, Jun 19, 2008 at 1:52 PM, Mike Schwartz wrote: > > (see below for 19-June-2008 comment) > > On Sun, Jan 6, 2008 at 11:32 AM, Mike Schwartz wrote: > > > > On 1/6/08, Craig White 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 > > > > > > --------------------------------------------------- > > > PLUG-discuss mailing list - PLUG-discuss@lists.plug.phoenix.az.us > > > To subscribe, unsubscribe, or to change your mail settings: > > > http://lists.PLUG.phoenix.az.us/mailman/listinfo/plug-discuss > > > > "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@acm.org maybe this is even more OT (Off Topic)... http://en.wikipedia.org/wiki/Berkman_Center_for_Internet_%26_Society -- Mike Schwartz Glendale AZ schwartz@acm.org --------------------------------------------------- PLUG-discuss mailing list - PLUG-discuss@lists.plug.phoenix.az.us To subscribe, unsubscribe, or to change your mail settings: http://lists.PLUG.phoenix.az.us/mailman/listinfo/plug-discuss