It's now illegal to turn on your computer

Craig White craigwhite at azapple.com
Sun Dec 30 22:54:30 MST 2007


On Sun, 2007-12-30 at 22:21 -0700, der.hans wrote:
> Am 30. Dec, 2007 schwätzte Craig White so:
> 
> > On Sun, 2007-12-30 at 22:00 -0700, der.hans wrote:
> >> Am 30. Dec, 2007 schwätzte Craig White so:
> 
> >>> the filing
> >>> http://www.ilrweb.com/viewILRPDF.asp?filename=atlantic_howell_071207RIAASupplementalBrief
> >>
> >> Section C. on page 15?
> >>
> >> Does that document say that the court issued a summary judgement upholding
> >> Atlantic's claims?
> >>
> >> Does that mean the court also holds that copying the work to a more useful
> >> medium violates copyright?
> > ----
> > no - it's a plaintiff's motion for summary judgment. Court has not
> > adjudicated.
> 
> "On August 20, 2007 this Court issued an Order (Doc. No. 43) granting
> Plaintiffs' Motion for Summary Judgement."
> 
> Is that about something else?
----
no, but it appears to be preliminary judgment based upon initial fact
finding and not declarative of intent, damage or potential
liability...that's my guess as to the reading.
----
> 
> Am I now going to be sued for media shifting that sentence?
> 
> Is there anything we can do to make sure the media shifting component
> doesn't get upheld?
----
dunno
----
> > Interestingly previous court rulings are close to making the connection
> > that the presence of both file sharing software and 'portable' format
> > copyrighted files constitute infringement.
> 
> Filesharing software like SMB, NFS and FTP?
----
that's an interesting notion...isn't just the existence of $IPC/RPC mean
file sharing protocols are at play? As 'Administrator', I have no
problem connecting to C$ of any Windows system and thus files in users
'My Music' folder are indeed remotely accessible even if that wasn't
anyone's intention.

Then of course, with roaming profiles on Windows or NFS mounts of users
$HOME (Linux or Macintosh), music will exist in multiple locations,
accessible from multiple computers.

As it is, I routine exclude *wmv, *mp3, *m4a, *m4v, *asf from bacula
backups because I don't want to bother with them and I know that some of
these files exist.

It's Apple's & Microsoft's fault...they're turning us all into unwitting
lawbreakers.

Craig



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