Comments on: Ray’s wish-list for RIAA v Joel trial http://www.p2pnet.net/story/25818 p2pnet.net - reader powered Wed, 01 Feb 2012 15:11:09 -0300 http://wordpress.org/?v=2.8.4 hourly 1 By: Json http://www.p2pnet.net/story/25818/comment-page-1#comment-980052 Json Wed, 29 Jul 2009 19:31:02 +0000 http://www.p2pnet.net/?p=25818#comment-980052 Why do they still display the FBI warning about criminal copyright law at the beginning of movies? This got me thinking...maybe a question for a lawyer but here goes, is there any such legal defense that can be implemented based on complete ignorance? Say for instance, I have absolutely no idea which songs are copyright protected and which are not. I could probably guess but there is no warning at the beginning of a song that says: "Hey i'm copyright protected." Or is it reasonable to assume that the way the law is written means that if someone gives me a CDR with songs on it (or emails me an MP3 file with a name goodmusic.mp3) that I must determine the artist's name and song name and then determine, on my own, whether or not that it is under copyright protection? Of course this would all have to be done prior to my listening or even accepting ownership of the CDR? Just because Joel brags about downloading songs off the internet doesn't necessarily imply that he is bragging about downloading copyright protected music. Or have we now reached a point in society that the only good music out there comes from Sony? Why do they still display the FBI warning about criminal copyright law at the beginning of movies? This got me thinking…maybe a question for a lawyer but here goes, is there any such legal defense that can be implemented based on complete ignorance? Say for instance, I have absolutely no idea which songs are copyright protected and which are not. I could probably guess but there is no warning at the beginning of a song that says: “Hey i’m copyright protected.” Or is it reasonable to assume that the way the law is written means that if someone gives me a CDR with songs on it (or emails me an MP3 file with a name goodmusic.mp3) that I must determine the artist’s name and song name and then determine, on my own, whether or not that it is under copyright protection? Of course this would all have to be done prior to my listening or even accepting ownership of the CDR?

Just because Joel brags about downloading songs off the internet doesn’t necessarily imply that he is bragging about downloading copyright protected music. Or have we now reached a point in society that the only good music out there comes from Sony?

]]> By: Eric http://www.p2pnet.net/story/25818/comment-page-1#comment-979898 Eric Mon, 27 Jul 2009 12:34:59 +0000 http://www.p2pnet.net/?p=25818#comment-979898 "Admitting you use Kazaa to download music for free doesn’t automatically mean you’re guilty of copyright infringement though. There is tons of great music out there, all of it free. It is the role of the plaintiff to prove the defendant is truly guilty. This is justice 101. I’m sorry but speculation is not proof and I agree with everything Ray has written." Civil vs Criminal, in a civil case you only need to prove that it's more likely the case. “Admitting you use Kazaa to download music for free doesn’t automatically mean you’re guilty of copyright infringement though. There is tons of great music out there, all of it free. It is the role of the plaintiff to prove the defendant is truly guilty. This is justice 101. I’m sorry but speculation is not proof and I agree with everything Ray has written.”

Civil vs Criminal, in a civil case you only need to prove that it’s more likely the case.

]]> By: Reader's Write http://www.p2pnet.net/story/25818/comment-page-1#comment-979883 Reader's Write Mon, 27 Jul 2009 04:46:55 +0000 http://www.p2pnet.net/?p=25818#comment-979883 Admitting you use Kazaa to download music for free doesn't automatically mean you're guilty of copyright infringement though. There is tons of great music out there, all of it free. It is the role of the plaintiff to prove the defendant is truly guilty. This is justice 101. I'm sorry but speculation is not proof and I agree with everything Ray has written. The last thing our society needs is someone being financially raped for downloading an mp3 file which has the name of a copyrighted file, but upon playback is nothing other than white noise. That is exactly where we are headed when the burden of proof has become so lax that it allows someone who has never even used a p2p program, such as Kazaa, to be financially ruined for life or worse. There should be absolutely no room for "maybes". If we are going to strip people of everything they have, not the least of which is their dignity from public humiliation, then we had better be absolutely 100% for sure that they are indeed guilty of whatever they have been accused of. When I served on a jury, the judge went on at great length about the importance of reasonable doubt. Do we really want to live in a world where the burden of proof is no longer required and a jury can find you guilty even though they are full of doubt? The entertainment industry would love a world were it is guilty until proven innocent. Please tell me with all honesty how such a world would be better and why, because that is where we really do seem to be headed. Admitting you use Kazaa to download music for free doesn’t automatically mean you’re guilty of copyright infringement though. There is tons of great music out there, all of it free. It is the role of the plaintiff to prove the defendant is truly guilty. This is justice 101. I’m sorry but speculation is not proof and I agree with everything Ray has written.

The last thing our society needs is someone being financially raped for downloading an mp3 file which has the name of a copyrighted file, but upon playback is nothing other than white noise. That is exactly where we are headed when the burden of proof has become so lax that it allows someone who has never even used a p2p program, such as Kazaa, to be financially ruined for life or worse. There should be absolutely no room for “maybes”. If we are going to strip people of everything they have, not the least of which is their dignity from public humiliation, then we had better be absolutely 100% for sure that they are indeed guilty of whatever they have been accused of. When I served on a jury, the judge went on at great length about the importance of reasonable doubt. Do we really want to live in a world where the burden of proof is no longer required and a jury can find you guilty even though they are full of doubt? The entertainment industry would love a world were it is guilty until proven innocent. Please tell me with all honesty how such a world would be better and why, because that is where we really do seem to be headed.

]]> By: surfer http://www.p2pnet.net/story/25818/comment-page-1#comment-979876 surfer Mon, 27 Jul 2009 03:12:52 +0000 http://www.p2pnet.net/?p=25818#comment-979876 ilike this guy... ilike this guy…

]]> By: Eric http://www.p2pnet.net/story/25818/comment-page-1#comment-979874 Eric Mon, 27 Jul 2009 01:22:31 +0000 http://www.p2pnet.net/?p=25818#comment-979874 The problem is in the parallel universe the defense would not have already stipulated many of these issues before the trial. In his deposition Tenenbaum already said that he installed KazaA to download music for free and that others were downloading from him. This is why they are arguing "Fair Use" and other legal issues rather than the facts which are not in his favor. The problem is in the parallel universe the defense would not have already stipulated many of these issues before the trial. In his deposition Tenenbaum already said that he installed KazaA to download music for free and that others were downloading from him. This is why they are arguing “Fair Use” and other legal issues rather than the facts which are not in his favor.

]]> By: Reader's Write http://www.p2pnet.net/story/25818/comment-page-1#comment-979847 Reader's Write Sun, 26 Jul 2009 00:39:47 +0000 http://www.p2pnet.net/?p=25818#comment-979847 this is the mafiaa you are dealing with, they are above and beyond the regular court system of law, they have their own laws and rules that the courts have to abide by. it is a simple one, if you dont pay them you are a criminal and an idiot, and after all they have bought the white house already and are taking over state by state and nation by nation... they kinda remind me of the corporation in war inc. this is the mafiaa you are dealing with, they are above and beyond the regular court system of law, they have their own laws and rules that the courts have to abide by.
it is a simple one, if you dont pay them you are a criminal and an idiot, and after all they have bought the white house already and are taking over state by state and nation by nation… they kinda remind me of the corporation in war inc.

]]> By: Arrrrrrrrrrrrrrrrrrrrrrrr http://www.p2pnet.net/story/25818/comment-page-1#comment-979846 Arrrrrrrrrrrrrrrrrrrrrrrr Sun, 26 Jul 2009 00:20:44 +0000 http://www.p2pnet.net/?p=25818#comment-979846 Ad-Aware just deleted my flash FXP. *@^($&*%^@*&% Does "Recording Industry vs The People" want to sue ad-aware for me? Grrrrrr *$*&%^*&^@*&#^$*&@#$ Ad-Aware just deleted my flash FXP. *@^($&*%^@*&%

Does “Recording Industry vs The People” want to sue ad-aware for me?
Grrrrrr
*$*&%^*&^@*&#^$*&@#$

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