VOGONS


First post, by Kreshna Aryaguna Nurzaman

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Here's the article.

"It is undisputed that Defendant possessed unauthorized copies of Plaintiffs’ copyrighted sound recordings on his computer. Exhibit B to Plaintiffs’ Complaint is a series of screen shots showing the sound recording and other files found in the KaZaA shared folder on Defendant’s computer on January 30, 2006. [...] Virtually all of the sound recordings on Exhibit B are in the “.mp3” format. (Exhibit 10 to SOF, showing virtually all audio files with the “.mp3” extension.) Defendant admitted that he converted these sound recordings from their original format to the .mp3 format for his and his wife’s use. [...] Once Defendant converted Plaintiffs’ recording into the compressed .mp3 format and they are in his shared folder, they are no longer the authorized copies distributed by Plaintiffs."

And of course, this is the same RIAA who said that making backups of audio CD is illegal. Broken window fallacy anyone?

Even if CDs do become damaged, replacements are readily available at affordable prices.

Frankly though, this kind of shit has ceased to surprise me anymore. RIAA just never stops to rape fair use because they're so enamored to charge multiple times for the same content --and this is what their copyright law is all about.

Never thought this thread would be that long, but now, for something different.....
Kreshna Aryaguna Nurzaman.

Reply 1 of 8, by WolverineDK

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RIAA are a bunch of fucking assholes, and I believe we all know that, so fuck them !

Reply 2 of 8, by dh4rm4

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Uh, generally I'd agree but in this case the defendant was SHARING said files. Thus he is in breach of copyright.

Reply 3 of 8, by MiniMax

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"Sharing" - such a versatile word. Would it also be sharing, if I placed a table with a CD-copier and a stack of CD's out in front of my house?

Even if nobody came by and made a copy?

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Reply 4 of 8, by dh4rm4

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Actually yes, as you've provided others with resources that can lead to breach of copyright. However your example is flawed as the defendant in this case already converted the audio into a 'shareable' format and then put the mp3 in the shared folder of the Kazaa network client, thus making them available to others over the Internet. Had he just shared the files across his LAN I don't they would've cared enough to prosecute.

Reply 5 of 8, by MiniMax

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> Actually yes, as you've provided others with resources that can lead to breach of copyright.

So has Xerox, Canon, Oki, IBM or any else that sells photocopiers. When do we see them in court?

> making them available to others over the Internet

True - "made them available". But did someone actually copy them? Or is this Howell-guy being prosecuted for a copying that might, in a distant future, when the Sun and the Moon is in the right position, that might happen, but didn't actually happen?

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Reply 6 of 8, by dh4rm4

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MiniMax wrote:

True - "made them available". But did someone actually copy them? Or is this Howell-guy being prosecuted for a copying that might, in a distant future, when the Sun and the Moon is in the right position, that might happen, but didn't actually happen?

From a legal standpoint, copies are illicit material. So therefore a person who makes any illicit material available despite laws preventing such an action (in this case, copyright law) is breaking the law. If he had kept the mp3s for his own consumption, as opposed to sharing them via Kazaa (either in full knowledge of doing so or by mistake - law states that it is always the responsibility of the citizen to inform themselves of the law of the land and to use the tools that they may avail themselves with responsibly and with regard to said rules) he most likely wouldn't have been charged, let alone prosecuted.

Reply 7 of 8, by MiniMax

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dh4rm4 - English is not my first language, so I apologize if my writing is unclear. Let me try to put it more clearly:

I am NOT disputing the facts that copies WERE made.

It is (as far as I know) LEGAL (in most jurisdictions) to make copies for backups, safe-keeping, transferring to a different media - for personal use.

It is (as far as I know) ILLEGAL (in most jurisdictions) to DISTRIBUTE copies to other persons.

The question is: Is it DISTRIBUTING to make something AVAILABLE if NOONE makes a COPY of said material? If no copying to another person takes place, is it still distributing? If so - EXACTLY WHAT is being distributed if there is NO COPY?

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Reply 8 of 8, by dh4rm4

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The act of making them available is enough. It's the same with driving a car without it being of legal engineering standard or being registered. Personal responsibility is the key issue here and the defendant didn't act in a responsible manner. Yes the RIAA is making the ripping issue a partial smoking gun but the fact that he DID break copyright law in sharing the mp3s in question is what allows their case to come before a judge.