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MPAA Says No Proof Needed in P2P Copyright Infringement Lawsuits

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ZAK

Member
It depends on what the actual charge is. It doesn't make sense that you could convict someone of illegally distributing files when all you prove is that they intended to do so.

I'm no lawyer, but if all you establish is intent, I don't think it makes sense to call the fine "damages" either.
 

Lain

Member
Phoenix said:
Who does this? Who puts files into a P2P network where everyone in the world can get to it so they can get to it from other places considering they could simply drop it in gmail file extension or any other of thousands of other solutions on the market. I personally find that quite unbelievable.

I haven't used too many P2P networks apart from some bittorrents, but with stuff like say, emule, can't you password protect the stuff you put up in shared folders? making it basically only available to yourself?
 

Diablos

Member
I'm still confused.

Downloading music and moves IS NOT THE SAME as going to a store and stealing a physical copy.

I'm under the assumption that what drives the anti-P2P gestapo to sue, and make such bullshit claims such as "proof, we don't need proof, lulz" is they see pirating an album or film to be the same as that person stealing it physically, resulting in a loss of profit. Not so. YOU CANNOT PROVE that if Joe Pirate can't get the new Britney album on BitTorrent because the RIAA got their way, that he'd run into a Best Buy and shove one into his jacket instead, or even purchase it! Not 100% possible and therefore should not hold up as a legitimate argument in a court of law.

The thing that's really scary about this all of this is the fact that basically everyone on the Internet who engages in piracy isn't even doing so for monetary gain! Anti-piracy groups must be really successful at busting *REAL* pirate groups in places like Asia, because they're obsessed with targeting harmless Internet users who are swapping compressed audio and video that they don't even make a cent on!

It's so fucking pretentious. Turn the Internet into a virtual communist state, and I would STILL guarantee you that the music and movie industry continues to suffer. They put out nothing but crap over half the time. Since the mid-90's the public's interest in what they have to offer and how much money they're willing to spend on it all has been on the decline. This was long before mp3's went mainstream which in turn triggered the modern day Internet piracy phenomenon.

Does piracy have some kind of effect on sales? I'm sure. But how profound it is simply cannot be measured, and to sue people for hundreds of thousands of dollars over stealing and exchanging things that they don't make money on is one of the most ridiculous things I've ever heard in my life. How they go about doing this is even worse. It's like a group of policemen noticing ten different murders occuring in the same place, but only arresting two of the ten people who carried out the murders, just so they can make an example out of them. It's a... lazy/ineffective high school teacher giving a freshman in the classroom detention ideology. Seriously. A bunch of other people are acting just like him, but he's the only one the teacher wants to pick on, because he can. This is basically what the RIAA/MPAA and their goons do. And they GET AWAY WITH IT.

When you made mixtapes back in the day, or taped stuff off the radio or tv, and shared it with your friends/family, they didn't try to stop you. Because they couldn't. Fortunately, they couldn't track how many people at any given time were copying tapes, movies, and even CD's off of each other before the Internet changed everything. But now that they can invade your privacy and track you, they can. It's immoral and unethical and I hope the mindset of the RIAA/MPAA and related organizations crumbles to the ground. It holds NO PLACE in any truly free society.
 

Phoenix

Member
Liu Kang Baking A Pie said:
Once again, I see what you're saying and I agree with you, but you're going too deep into the devil's advocate gimmick that you're ignoring the dangerous precedent that could be set on judging intent here.


I'm not ignoring the precedent, but you're ignoring the fact that in this particular instance there is no precedent being set. There is but one possible intent that can be established here. I'd love to see something else, but the only thing I see is a pretty clear situation whereby a prosecuting attorney can quite easily establish intent for a crime. If you see a way that a defense attorney can combat that without pomp, magic mirrors and smoke - tell us what it is.

Its, as far as law classes have taught me, more than enough for conspiracy to commit.

It depends on what the actual charge is. It doesn't make sense that you could convict someone of illegally distributing files when all you prove is that they intended to do so.

I'm no lawyer, but if all you establish is intent, I don't think it makes sense to call the fine "damages" either.

In civil court where preponderance of the evidence is all that is required to win a case and sue for damages (yes you can sue for damages in the event of conspiracy to commit), yes the only thing that must be proven is intent to commit.
 

ZAK

Member
Phoenix said:
In civil court where preponderance of the evidence is all that is required to win a case and sue for damages (yes you can sue for damages in the event of conspiracy to commit), yes the only thing that must be proven is intent to commit.
Well, that still doesn't make much sense to me, but if you say so...
 
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