RIAA wins round in file-swapping suit

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Whatever happened to..

The seperation of powers?

Where in the constitution does it say that congress can:

1. Confer on a private party police powers

2. Confer upon a private party the powers that are held by the executive branch alone (i.e. enforcement of the law).

3. That the executive branch can give up it's enforcment powers to a private party.

These individuals who are defending against these suits, keep losing because they are starting in the middle, instead of at the beginning. By arguing that without an active case, the plaintiffs do not have the right to the information, is correct under commercial law.

However, as the DMCA allows for these same plaintiffs to use the threat of criminal prosecutions afainst the defendents, they become de facto police agents, under prior supreme court rulings. Any attempt to claim that they would merely be informers, like som street junkie giving up his pusher for a quick 10 bucks is incorrect, as they undertake active investigation, as opposed to giving up information they already know.

Sounds like a 4th and 5th ammendment violation, to me.

Posted by: engrmerc   Posted on: 12/03/03 You are currently: a Guest | Members login | Terms of Use

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