Re: Joos Sue White Woman $1.9 million for downloading 24 mp3 files



Spender wrote:

They can demonstrate the file being available for download by
downloading it themselves. So that is one download they can prove,
and it is all they need to prove.

Exactly, so by that logic a store can charge you with shoplifting not
because you actually stole any merchandise, but because they grabbed
something out of your cart and walked out without paying for it,
demonstrating that you had the *capability* to steal it.

Not at all the same logic. In this case her "cart" is a P2P file
sharing application which exists for the purpose of sharing files.

Which they haven't shown was actually used. So they want her convicted
because she had the *capability* to share files. If you own a flashlight
and a crowbar you better hope you're not prosecuted for having the
capability to commit burglary.

The industry is arguing that if you have copyrighted music on your
computer and others can access that material, it's copyright
violation even if they can't demonstrate that anyone other than them
ever downloaded it, in other words if they can't show a single
unauthorized copy was ever made. Somehow I don't think the
copyright owner making a copy of something they already own should
count.

It counts because it shows that you intend to allow indiscriminate
copying of copyrighted works for which you have no license to
distribute.

Owning a CD burner and a spindle of blanks indicates you intend to duplicate
copyrighted albums, should they be able to sue you for that?

Well, either intent or complete ignorance of how P2P
applications work. In this case the woman's sole defensive strategy
was ignorance, but the evidence from her computer showed she was
lying.

What it comes down to is by spending millions on lobbying the industry has
had the law repeatedly changed to suit their interests, and the burden of
proof is now too low and the punishments are too harsh. Why should the
recording industry get legal shortcuts others are denied? Why should they
be entitled to damage awards out of all proportion to their losses, and for
that matter why should a civil matter like copyright infringement have
become a criminal offense? What this demonstrates is that if you have
enough money to donate to political campaign funds you can get just about
whatever you want.


.



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