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- theNazz, on 10/10/2007, -6/+124The argument... because I own a gun, I'm going to shoot somebody in a robbery.
The RIAA will certainly have a 'gift' to send to that judge this Christmas. - kenvsryu, on 10/10/2007, -1/+49A pair of 50 million dollar pants!
- kafraco, on 10/10/2007, -1/+34I wonder why the defendants felt the need to act as their own lawyers. Don't they know that self-representation rarely goes in favor of the self-lawyer?
- Calcularius, on 10/10/2007, -2/+30Just like telephones facilitate drug deals and public roads facilitate prostitution. Yeah, just like that.
- Scheissen, on 10/10/2007, -1/+23What‽ You are dead wrong.
Revision3 uses torrents. There are plenty of other uses for torrents that are perfectly legal. - otakushark, on 10/10/2007, -3/+24Buried for inaccuracy in the headline. There is nothing in the article saying "merely running file sharing software can constitute copyright infringement." They lost because they had copyrighted files on their P2P system. Stop making stuff up just to generate more diggs.
- jkizzle, on 10/10/2007, -1/+21not so true, ive used torrents to download videos that were specifically made to be shared via torrents, as well as large pdf texts, all legal. also, my handgun is specifically for shootting people. you dont use a a handgun to hunt, you use it for protection... from other people...
- frsrblch, on 10/10/2007, -2/+19$40 000 in damages my ass. More like $40 in damages.
- fyrehart, on 10/10/2007, -0/+16Many Linux distributions use torrents.
- geekee, on 10/10/2007, -0/+14The article says making files available on p2p networks. The post claims you only need to run the software, which is very different.
- Memnochxx, on 10/10/2007, -0/+14I don't think automatic weapons or pistols are for hunting. They're for shooting people. And plenty of people use torrents to download legit content. Linux, free software,...
- Jukey, on 10/10/2007, -1/+15actually, its if you shoot a gun at all, its considered murder. That would be a better analogy
- froman98, on 10/10/2007, -3/+15I think he's wrong. I think that owning a computer leads to direct infringement. (
- Ory303, on 10/10/2007, -0/+11Chill out guys. This is what he meant: The digg title suggests that merely having, say, a torrent client running on a system without any copyrighted material necessarily loaded into it, still constitutes as infringement (see: "...merely running file sharing software..."). The actual article however reveals that the couple in question did in fact download such materials, but claimed not to be seeding it.
- doodlebumm, on 10/10/2007, -0/+11A 27 year old lawyer dies and goes before St Peter. He says to Peter, "I'm too young to have died!" Peter replies, "According to your billable hours, you're 124 years old!"
- inactive, on 10/10/2007, -0/+11Purepwnage (the serial), most Linux Distros, Some Game mods and a lot more thing i have downloaded using P2P. the judge is a retard.
- ICSU, on 10/10/2007, -3/+13So you protect your family with a gun by ... throwing it at people?
- Maddoktor2, on 10/10/2007, -2/+11$40,000?? Say what??? This idiot judge needs to be removed from the bench and disbarred from the legal profession!
- futureisours, on 10/10/2007, -2/+11Hmmm to save $300+ bucks for each billable hour? If you've ever paid a lawyer by the hour, you know how much they pad their hours to rip you off.
- bubba9999, on 10/10/2007, -0/+9Those bitches should sue the ISP for providing the means as well.
- inactive, on 10/10/2007, -0/+8What an idiotic defense in a civil suit. You don't just submit a 3 paragraph defense and win, you need to write up 50 pages worth of BS like the RIAA does.
- Error601, on 10/10/2007, -14/+22Only had to read one sentence from the article to see the posted description is inaccurate. You don't gain anything in a rational debate by lying.
- brianary, on 10/10/2007, -0/+7It's just this sort of ***** ignorance that's going to make it harder for me to download Linux distros.
- inactive, on 10/10/2007, -1/+8I doubt it. RIAA is greedy.
- Jugalator, on 10/10/2007, -0/+6From a quick glance, it seems the article is more about the RIAA arguing that making infringing files available is illegal, not using the software itself. I'm not sure... Can you find a place in the article besides the header that claims merely running the software (and not sharing infringing files) is enough?
A quote:
"Several cases suggest that Kazaa users commit direct infringement by employing the Kazaa program to make their collections of copyrighted sound recordings available to all other Kazaa users"
Note that that isn't an argument against Kazaa the Application though, but about the activity of making music available through it. The same old. The summary seemed to tell that RIAA is against using it even if you don't share anything illegal, and I just can't see the article setting that fact in stone. - sleepwalkers, on 10/10/2007, -0/+6Nine Inch Nails frontman Trent Reznor released multi-track versions of almost all of NIN's last album, Year Zero, via torrents.
- oderdigg, on 10/10/2007, -1/+7You know most people?
- icsbase, on 10/10/2007, -0/+6Some judges are morrons as they should decline from a case if they dont know EXACTLY what they are ruling for. If they dont know what torrent is, how it works and only can see the persecutors point of view to the case and dont have common knowledge, thats somehow wrong. There can never be a good decision if this is the case. Seems to me, now it is.
- HOOKSTER1231, on 10/10/2007, -2/+8well that is a great argument, 'to make available'. i guess its time to do away with cds and iPods now because these tools make music to widely available. o and the radio, if you have a tv tuner card in your pc with a fm tuner i guess its open and shut for you as well. its like the 80's and dubbing a song to a cassette
- joel182, on 10/10/2007, -0/+5You really think they would have won the case with a professional lawyer?
- inactive, on 10/10/2007, -0/+5"Making available" the same as distribution? Are you kidding me? They had better sue Microsoft then because Microsoft's P2P sharing - otherwise known as good ol' Network Neighborhood allows people to "make available" anything you want! Hell, TCP itself is now under fire. The RIAA wont stop until the Internet is nonexistant!
- GeneralFault, on 10/10/2007, -1/+6Did RTFA and find the previous analogy and Jukeys analogy to be better.
- AriaStar, on 10/10/2007, -1/+6You've got no choice but to self=represent if you can't afford to costs of an attorney. Before one will represent you, you've got to pay a retainer usually in the area of $5,000. If you don't have it, what choice do you have?
- jcannonb, on 10/10/2007, -0/+5How much did the RIAA pay this judge to side with them?
- CalmLlama, on 10/10/2007, -1/+6they did a good job, its just that the judge doesn't understand tech.. or was bought... read the article
- Travelsonic, on 10/10/2007, -0/+5"Is this where we all sit around and pretend nobody pirates anything?"
No, but it's obviously the place to fail reading comprehension. - CalmLlama, on 10/10/2007, -3/+8It says that if you have a file sharing app, and you have legally purchased music on your computer, then you are guilty.
- knuckles, on 10/10/2007, -0/+5This just in:
"Courts rule that guns lead to gunshot related deaths when used improperly."
... and apparently alcohol can lead to DUI - but don't quote me on that. - manicallday, on 10/10/2007, -0/+4yes
- IllBeBack, on 10/10/2007, -1/+5FAIL.
- mbthompson, on 10/10/2007, -0/+4Wow this makes me so angry. It's quite obvious that there are absolutely no tech-savvy judges sitting on benches. This abuse of the system needs to stop now and someone with a lot of money and influence needs to go after the RIAA.
One question I have though, and this seems to be an inconsistency with the defendant's argument is this: If the software was not set up to share, then how did MediaSentry find the files in the first place? Kazaa does not list files you don't have available to share, so what happened here? Either the defendants are lying or MediaSentry hacked into their computer which is a federal offense that could land them in jail. That aside let's not forget about the Atlantic v. Andersen in which the RIAA threw in the towel and the case of Patty Santangelo where the case was dismissed with prejudice and Santangelo is now entitled to legal fees. If the RIAA doesn't pay up, guess what, time for criminal court! - Memnochxx, on 10/10/2007, -0/+4No, we need to convict everybody who has an FTP client!
- Atomic1fire, on 10/10/2007, -0/+4of course if someone created a wiki database with people checking the validity of each entry and actively made a deal with the riaa that would allow them to check the content with their own to make sure no bumps insure
but they may not like the compitition
and it running on ads
it could be successful - liutang, on 10/10/2007, -3/+7Looks like they lost $40,850 while attempting to save $300+/hr. NICE!
- AriaStar, on 10/10/2007, -0/+4Except that a LOT of legit software and such are shared via torrents. Diggnation and Revision 3 content among them. Shutting down P2P sites would greatly damage many legit companies and prevent people from sharing legal files to large to send via e-mail. Is this what you want to see happen?
- MWeather, on 10/10/2007, -0/+4Most torrents I download are *Nix images or VMware machines.
- commernie, on 10/10/2007, -0/+4Just because it's the law, doesn't mean it's fair/ethical/moral/whatever. In the case of copyright, it's debatable whether it's ethical or not, but just saying "it's the law" isn't much of an argument (to prove wrongfulness, that is).
- phlanx, on 10/10/2007, -1/+5Mr. & Mrs. Howell need to get the professor as their lawyer and stop trying to represent themselves.
- kronix2, on 10/10/2007, -1/+5The gun analogy isn't very helpful, considering a lot of people can't see a legitimate need for any civilian to carry a firearm.
A better analogy would be: I have a knife in my home, therefore I must be planning to stab somebody. - MWeather, on 10/10/2007, -0/+3If it's a DVD, then it's a violation of the DMCA, whether they own it or not. For CDs, you better hope you kept the damaged disk and didn't upload to anyone during your download.
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