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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