On Tue, 2008-01-01 at 22:12 -0700, Chris Gehlker wrote:
> On Jan 1, 2008, at 8:47 PM, Craig White wrote:
>
> > The stipulation regarding Kazaa by the defendant states that the
> > defendant was interested solely in exchange of pornography. It's clear
> > that Kazaa had other uses besides illegally sharing music files.
>
> I can't find any evidence for this on the <http://recordingindustryvspeople.blogspot.com/
> > site which claims to have a complete archive of the public
> documents in Atlantic V. Howell. Please provide a link.
----
http://www.ilrweb.com/viewILRPDF.asp?filename=atlantic_howell_071207RIAASupplementalBrief
see page 18
----
>
> Note that the court found that Howell had a "right to use for personal
> enjoyment copyrighted works on CDs he purchased":
> <http://www.ilrweb.com/viewILRPDF.asp?filename=atlantic_howell_070820OrderGrantSumJudg
> >
>
> Note that the court found "Howell’s final contention is that a
> computer malfunction or a third party put his personal files into his
> shared folder. However, no evidence has been presented in support of
> that scenario." It seems clear that Howell couldn't present any
> evidence that the files got in his Kazaa shared folder other than by
> his putting them there and the court clearly didn't believe his
> 'malfunction or third party' contention.
>
> As far as I can tell, the documents are all there for anybody to
> review and this is a very pedestrian case of a guy who used Kazaa and
> got caught.
----
here is one of the really big problems...the burden of proof is a bar
that is set way too low.
see...
http://www.azoz.com/topics/lawsuits/JammieThomas.html
(arizona link, don't know the guy)
If you read the right hand column, he summarizes the issues from Capitol
v. Thomas really well...
****
The jury instructions indicate that the judge pre-decided that:
* Downloading is copyright infringement;
* Making files available through peer-to-peer is copyright
infringement, even if no one downloads them.
The RIAA did not have to prove:
* That Thomas downloaded anything;
* That she had a copy of Kazaa;
* That she was the actual person sharing the files in question.
* That she was aware of alleged sharing of files on her computer.
I'm not even sure how they got past the copyright ownership issue.
****
If you can't see the problems here, I am not going to convince you of
anything.
Yes, it's clear that you and I are aware of the assumption of guilt
merely by installing Kazaa and there isn't a chance that I would ever
install something like that on any computer that I own or use.
Craig
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