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.
> Why are you so eager to convict?
Huh? This is a civil case. No one is at risk of being convicted.
--
In America, anybody can be president. That's one of the risks you take.
-Adlai Stevenson, statesman (1900-1965)
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