Seriously, I hope you are correct.

1) X cracks my password and copies a text file
2) X puts the text on slashdot
3) all slashdotters go to jail

Hmmm…. not such a bad law after all .

But seriously, when will the nonsense stop?

Actually possesion of an infringing copy of a copyrighted work is not infringement or anything. No more than possesion of a fake Rolex watch is a crime. To explain lets create a scenario:

You go to a flea market, perhaps abroad, and buy what apears to be a legitimate DVDs and CDs. You really have no way or obligation to determine if it is legitimate. So you simply do not worry about it, as you are not concerned about the resale value as you would be if you were buying a 25,000 diamond studded gold Rolex.

Later the RIAA/MPAA cops raid your home and their digital forensic and international copyright experts determines that your copies are fake and in violation of the copyright law of the country where you made the purchase. The question is then what are you, a victim, a criminal, a smuggler, or none of the above?

But let us make it more complicated. You are a minor and you buy an mp3 player with 10,000 songs British rock songs on a flea market in Argentina for 50 dolars. You know nothing about copyright law of Britain, Argentina or the USA, where you reside, nor their inconsistensies (what is legal in one country may be illegal in another) and its very complicated and conflicting and contradictory jurisprudence. You also have no idea if the mp3 player was part of a stolen shipment of players. The question is then what are you, a victim, a criminal, a smuggler, or none of the above?

The answer is simple. No buyer has any responsibility of insuring that any product he or she buys from a friend, a store or a flea market is legitimate or not hot or is made of real gold and diamonds. Only the seller is responsible for any infringement, theft or fraud.

Only the seller, sometimes guilty. Only when the seller knows that it is selling fake products in countries where such sales are prohibited. An owner of a fake DVD, selling or giving or exchanging the DVD to a friend is guilty of nothing.

Simple: Possesion alone cannot be a crime or infringement.

Rafael Venegas
http://www,gvenegas.com

Let us talk about what would happen if a file was found on one’s computer that COULD download without one knowing? Even download music!!!! OR MOVIES!!! or whatever. Here we go. Now they will have to prove one knows enough to know what “these trojans” are doing. Good luck!

So please someone build a workable Trojan that every German could blame for doing the downloads. Woops its already done it just downloads other stuff you don’t know about. MS has made a few, Yahoo and even oh my Sony.

So all these people chased just need an “unknown” ap!

As to the story, could it be that Gunther Krings, the Christian Democrat legal affairs spokesman was trying to be the voice of reason? Was he speaking out AGAINST this draconian law? Just askin’…