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Intent is not clear
---The fact that files were uploaded is a proactive choice. Intent
is clear.---

But she did not place those files on the machine, nor the
software to upload them, nor did she run that software. How is
her intent clear?

---University and library are public settings. Cannot sue library
because how can a public intend to infringe?---

How can a woman who didn't even know what Kazaa was intend
to infringe? If you're saying that she should have "taken the
power cords to work" and that she's guilty for having let
someone else access her computer, then a library or university is
just as guilty. And note that many universities are privately
owned.

---In civil trials the evidence is weight in a mix and a percentage
is established. In criminal the evidence has to back each other
up. She has a heavy percentage.---

The RIAA has a date and a location. I'd hardly call that a "heavy
percentage". And again, you have one working mother standing
up to a huge and vicious corporation trying to take away the
money she could be using to feed her children for something
she clearly didn't do. How's that gonna play with the jury?
Posted by: tic swayback   Posted on: 09/07/05 You are currently: a Guest | Members login | Terms of Use
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Yes, some jusdges have real common snese.  No_Ax_to_Grind | 09/06/05
Who cares  voska | 09/06/05
I don't think this was a sensible decision  tic swayback | 09/06/05
But this isn't common sense  Fred Fredrickson | 09/06/05
6 Feet Under Down Under  osreinstall | 09/06/05
Kazaa deserves it, but....  tic swayback | 09/06/05
So your saying do nothing...  No_Ax_to_Grind | 09/06/05
So what's your solution  voska | 09/06/05
Here's a solution  osreinstall | 09/06/05
But that's irrelevant here  tic swayback | 09/06/05
Don't worry, that will be the next law.  osreinstall | 09/06/05
That's gonna be a hard one to pass  tic swayback | 09/06/05
Not Really  osreinstall | 09/06/05
People are aware  voska | 09/06/05
Evidence  tic swayback | 09/06/05
That isn't evidence. That is political crusading.  osreinstall | 09/06/05
What are the charges against her?  tic swayback | 09/06/05
I believe that's called extortion  voska | 09/06/05
According to that website that is pro P2P  osreinstall | 09/06/05
Blame the victim  tic swayback | 09/06/05
She is not a victim. Just unaware  osreinstall | 09/06/05
Better yet  tic swayback | 09/06/05
No just the infringers.  osreinstall | 09/06/05
Who are the infringers?  tic swayback | 09/07/05
Infringers are the ones who take IP without paying for it.  osreinstall | 09/07/05
Thanks Big Brother  tic swayback | 09/07/05
Your welcome little brother.  osreinstall | 09/07/05
Serious implications  tic swayback | 09/07/05
OSreinstal, you should be locked up  voska | 09/07/05
Implications already here.  osreinstall | 09/07/05
Only if the machine has uploaded files.  osreinstall | 09/07/05
Implications are not law  tic swayback | 09/07/05
I think your confused  osreinstall | 09/07/05
Mind reading  tic swayback | 09/07/05
No mind reading  osreinstall | 09/07/05
Intent is not clear  tic swayback | 09/07/05
Maybe not to you  osreinstall | 09/07/05
I disagree  tic swayback | 09/07/05
We will see  osreinstall | 09/07/05
Make no sense  voska | 09/06/05
Outcompete free  tic swayback | 09/06/05
If they did that  voska | 09/06/05
Honor system thru incentives never worked.  osreinstall | 09/06/05
That's why I don't use the honor system  tic swayback | 09/06/05
Nope  osreinstall | 09/06/05
Sticking your head in the sand won't help things  tic swayback | 09/06/05
When the files are protected you are correct.  osreinstall | 09/06/05
Life isn't fair  voska | 09/06/05
No arrests  tic swayback | 09/06/05
Life never was fair. But I found that out too long ago.  osreinstall | 09/06/05
More than one path Grasshopper  tic swayback | 09/06/05
True, but they will decide which one.  osreinstall | 09/06/05
No change or progress ever?  tic swayback | 09/07/05
There will be change but it will be cooperative  osreinstall | 09/07/05
And the market has no say?  tic swayback | 09/07/05
Not at all  osreinstall | 09/07/05
Did this woman have intent?  tic swayback | 09/07/05
Clueless  voska | 09/07/05
It doesn't matter  osreinstall | 09/07/05
In the land of Make-Believe.....  tic swayback | 09/07/05
I think you are there  osreinstall | 09/07/05
Never Never Land  tic swayback | 09/07/05
No a Better Better Land  osreinstall | 09/07/05
The right to go bankrupt  tic swayback | 09/07/05
The right to be cranky with their property  osreinstall | 09/07/05
I wouldn't put it past them  tic swayback | 09/07/05
You bet.  osreinstall | 09/07/05
I said nothing of the kind  tic swayback | 09/06/05
It will affect other scumbags.  osreinstall | 09/06/05
What precedent does it set?  tic swayback | 09/06/05
And arresting as usual. And your real point?  osreinstall | 09/06/05
Hop aboard what?  tic swayback | 09/06/05
Anyone that doesn't have file protection is bad in my book.  osreinstall | 09/06/05
Technology is not to blame  tic swayback | 09/06/05
You are wrong  osreinstall | 09/06/05
Still not part of the AAC file format  tic swayback | 09/06/05
Apple will not have a choice  osreinstall | 09/06/05
Plenty of choice  tic swayback | 09/06/05
Sorry to break it to you  osreinstall | 09/06/05
Not a chance  tic swayback | 09/06/05
Your being rebellious again!  osreinstall | 09/06/05
AAC is an open format  tic swayback | 09/07/05
No it isn't  osreinstall | 09/07/05
You're confusing "open" with "open source"  tic swayback | 09/07/05
Not at all  osreinstall | 09/07/05
Sorry, sloppy language on my part  tic swayback | 09/07/05
Thats ok  osreinstall | 09/07/05
Lots of products fail  tic swayback | 09/07/05
So what, it is their property.  osreinstall | 09/07/05
Cutting off your nose to spite your face  tic swayback | 09/07/05
You are wishful thinking as law.  osreinstall | 09/07/05
All I want is to keep my legal rights  tic swayback | 09/07/05
You have them  osreinstall | 09/07/05
Finally, someone stands up to the RIAA  tic swayback | 09/06/05
Now this is news  voska | 09/06/05
Ans when they stomp her into a mud hole...  No_Ax_to_Grind | 09/06/05
I highly doubt she will lose  voska | 09/06/05
Good luck with that  tic swayback | 09/06/05
She should also sue that little kid's parents  osreinstall | 09/06/05
For what?  Fred Fredrickson | 09/07/05
Nice try Fred  osreinstall | 09/07/05
What info did the ISP provide?  tic swayback | 09/07/05
Enough to implicate her.  osreinstall | 09/07/05
Implications are not enough  tic swayback | 09/07/05
You betcha  osreinstall | 09/07/05
Not her responsibility  tic swayback | 09/07/05
Civil is different from criminal  osreinstall | 09/07/05
You still have to convince a jury  tic swayback | 09/07/05
It is real easy  osreinstall | 09/07/05
I thought you needed to prove intent?  tic swayback | 09/07/05
Isn't civil law wonderful  osreinstall | 09/07/05
The RIAA fears that  tic swayback | 09/07/05
She is afraid too inspite of her bluster.  osreinstall | 09/07/05
More on the case  tic swayback | 09/06/05
Seeya Tic, we flogged it to death  osreinstall | 09/07/05

What do you think?

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