OT?: Legal question about p2p

Technomage plug-devel@lists.PLUG.phoenix.az.us
Tue May 31 14:32:02 2005


hmmmmmmmm.

I am not sure, but I do believe that the rules of evidence do apply.
in order for them to prove you have a "copyrighted work" they have to have a 
digital signature that matches one in their database (given current 
technology, these can be easily faked). this in combination with a known file 
format that meets other specified criteria.....

basically, if they want to make it stick, they need to prove by a 
preponderance of evidence (in civil cases) or beyond "reasonable doubt" in 
criminal prosecutions. in either case, they have to establish a "chain of 
evidence".

TMH.


On Tuesday 31 May 2005 12:35, Erik Bixby wrote:
> Does anyone here have any idea what degree of certainty organizations
> such as the RIAA must have in order to subpoena people?  I had an idea
> for a scheme of exchanging files where the peers protect each other
> from knowing for certain whether or not a particular machine actually
> holds any particular file.  (http://www.crabboy.com/secure.txt)
> However, if it is the case that even if there is only a one percent
> chance the RIAA can still subpoena people, the scheme would only serve
> to run up their legal costs.  Not a altogether bad thing.  But, I was
> hoping that there was some sort of legal threshold they had to meet...
>
> Thank you, in advance, for your time.
> -Erik
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