What the RIAA really said.

[Craig White]

On Tue, 2008-01-01 at 15:04 -0700, Chris Gehlker wrote:
> On Jan 1, 2008, at 12:20 PM, Craig White wrote:
> 
> > not really...it's obvious that kazaa thinks that all folders are  
> > shared
> > folders and links in folders like 'My Music' automatically.
> >
> > you can easily observe the process for yourself even without Kazaa -
> > which is why I referrenced both Amarok and Picasa
> 
> 
> I still think you're making this way to complicated. I am not a Kazaa  
> user and my use of Amarok didn't give me any insight into how Kazaa  
> works. I'll take your word for it that it is possible to share files  
> inadvertently with Kazaa but this is *not* what the RIAA is asserting  
> Howell did. According to the article, they say he deliberately put  
> songs ripped from CDs into his Kazaa shared folder.
----
and one more thing that is quoted in the referenced motion for Summary
Judgment (by the plaintiffs) which was actually taken from the jury
instructions of Capitol Records v. Thomas...

"The act of making copyrighted sound recordings available for electronic
distribution on a peer-to-peer network, without license from the
copyright owners, violates the copyright owners’ exclusive right of
distribution, regardless of whether actual distribution has been shown."

Which basically means that if you have both copies of copyrighted music
files on a hard disk that has smb/nfs/ssh/sftp/ftp/http/afpovertcp file
sharing protocols, you are deemed in violation of the copyright owners,
which clearly comes back to the original supposition...that it's
probably illegal to turn on your computer.

Craig