Re: Score: Record Companies 1, Downloaders - $220,000



In article <470682fb$0$28858$4c368faf@xxxxxxxxxxxxxx>, Steve de Mena
<steven@xxxxxxxxxxxxxxx> wrote:

Matthew B. Tepper wrote:
vhorowitz <vladhorowitz@xxxxxxxxxxx> appears to have caused the following
letters to be typed in
news:1191562164.303951.281790@xxxxxxxxxxxxxxxxxxxxxxxxxxx:

On Oct 4, 7:24 pm, O <ow...@xxxxxxxxxxxxxxxxxx> wrote:
Maybe you don't want to upload that out of print recording, after all:

<http://www.cbsnews.com/stories/2007/10/04/national/main3330186.shtml>

-Owen
Quote from article:
The hard drive in question was not presented at trial by either party,
though Thomas used her new one to show the jury how fast it copies songs
from CDs. That was an effort to counter an industry witness's assertion
that the songs on the old drive got their too fast to have come from CDs
she owned - and therefore must have been downloaded illegally.

End of quote.

Just love the use of "their" for "there"!

They're, they're, it'll be alright.

Perhaps the next program in the downloader's toolkit should be a utility
which will change the timestamps of any specified group of files. It could
be used as a standalone, and could have a preset to perform this function
on
every file in one's iTunes library, for example. It could also be used as
an
add-in for file-sharing and/or ripping software.

The trick is that the user would need to use it for all of his paid-for
files
as well as the legally ripped ones and also "shared" ones (if any!), and
then
this particular industry tactic would be rendered worthless.

Then the "industry witness" will just find some other lame "proof",
which the (most likely) non technical judge and jury will eat up.

The "time of download" trick was not directly related to whether or not
she actually downloaded. Instead, it was evidence that alleged she
couldn't rip songs fast enough for whatever timings the prosecution had
on tap. Refuting that allegation just put another nail in her coffin.

It looks like the record companies went to trial with the case they
thought they had the best case with. It looks like the defendent
contradicted herself so many times, particularly with points she was
using as an alibi, that the prosecution had a slam dunk.

Now the RIAA has a decision, so they will be even more litigious,
because they can point to this as a conviction. So they can blackmail
people: "pay us $5K for your downloading or we'll take you to court
and get $220K"

-Owen
.



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