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- Except to the RIAA Gestapo
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--"Placement of a file on a shared directory is not enough. A file can be there and never get downloaded. So placement is not a crime (at least for know until legislators ever get to it)."--
In the U.S., they are filing suit based on the fact that one maintains a "share directory" at all. The (silly) idea is that if you have a directory for sharing, someone IS uploading from it. No proof required, just the vague possibility, so you are guilty until proven otherwise. Just read Sen. Hatch's diatribe against sharing: http://hatch.senate.gov/index.cfm?FuseAction=PressReleases.Print&PressRelease_id=1083&suppresslayouts=true
This is from the same man that only a few years ago was singing the praises of Napster: http://www.wired.com/news/politics/0,1283,38870,00.html
http://www.techlawjournal.com/intelpro/20000712a.htm
While most of the above impacts the U.s. for now, if the RIAA gets away with it here, you can bet they will move to world domination. After all, they have already decided it is OK to break into cars if they see your backup CDs and then charge you with copyright infringement:
http://www.digitalproducer.com/pages/cd_audio_rights_and_wrongs.htm
Finally, about the RIAA warning letters:
"...not a defense. What that means is that it does not matter whether you knew it was illegal. Whether or not you intended to infringe does not matter. If you violate the record companies' copyrights, you will be held liable for damage as a result."
The letter also warns the recipient that deleting infringed songs would be considered destruction of evidence "now that you are aware that a lawsuit may be filed against you." - Posted by: AbsolutelyNot Posted on: 07/13/04 You are currently: a Guest | Members login | Terms of Use
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