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.
----
Ray Beckerman has a fairly extensive breakdown for Howell on the web
site that was linked by Chris... If Howell or any friend of Howell is
monitoring...
http://williampatry.blogspot.com/2007/12/establishment-press-takes-riaa-on.html
very near the bottom of the page
Ray Beckerman said...
1. The judge asked the parties to brief this question "Does the
record in this case show that defendant Howell possessed an
“unlawful copy” of the plaintiff’s copyrighted material...?"
2. The answer he got to that particular question was not
responsive. It was 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."
3. The other answers the plaintiffs' gave to other questions are
irrelevant. All I was ever reporting on was the answer to the
question as to whether the copies on the computer were
themselves "unlawful".
4. From those who think that the RIAA wasn't talking about
copying cd's into mp3's, I have yet to hear a satisfactory
explanation for the RIAA's inclusion of the following language
in its answer: "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....."
10:45 PM
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