MPAA Explains Why Proof Shouldn't Be Necessary In Copyright Infringement Cases
from the who-needs-evidence? dept
The entertainment industry has been pushing for courts to rule that simply "making available" content for file sharing is the equivalent of copyright infringement. There's a big problem with this, however. Copyright covers a few different things, and the key ones under which most people are charged is unauthorized "distribution." But, if there's no evidence that a file was actually shared, it's difficult to see how distribution actually occurred. Basically, those who say making available isn't distribution are simply saying that for someone to be charged with unauthorized distribution there should at least be proof that distribution occurred. In most (though not all) cases, the judges have seen this and ruled that simply "making available" is not distribution.In the one high profile case that a judge ruled otherwise, the infamous Jammie Thomas case, the judge has now admitted that he may have made a "manifest error of law" and has asked parties to file briefs to give their thoughts on the making available issue. The MPAA has taken the opportunity to basically say that it's too difficult to find actual proof, and therefore they shouldn't have to do so:
"Mandating such proof could thus have the pernicious effect of depriving copyright owners of a practical remedy against massive copyright infringement in many instances.... It is often very difficult, and in some cases, impossible, to provide such direct proof when confronting modern forms of copyright infringement."In other words, since it's difficult to get proof, we shouldn't have to provide proof. This is especially problematic given how flimsy the "proof" that the entertainment industry already relies on.
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Filed Under: copyright, making available, proof
Companies: mpaa
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Due Process Anyone ???
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Re:
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Hard to say. It might be seen as entrapment.
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Re: MAPP download as "proof"
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Re: Re: MAPP download as "proof"
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Re: Re: Re: MAPP download as "proof"
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How about this...
It is a sarcastic stretch but it is all coming to this one day.
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Re: How about this...
If they took your originals without your permission, that is theft, but not copyright infringement.
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Re: Re: How about this...
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Re: How about this...
Not as sarcastic of a stretch and it will probably come first.
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Re: Re: How about this...
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Re: Re: How about this...
http://www.windowsnetworking.com/kbase/WindowsTips/WindowsXP/AdminTips/Network/DisableWindow sNTW2KXPHiddenAdministrativeShares.html
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Criminal or civil
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too hard to prove??
Couldn't people being sued currently use the MPAA quote above as their WHOLE defense? I mean they just admitted in court that it's impossible to find out the info.
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Seems simple...
If an individual has distributed something that the MPAA/RIAA owns illegally then the MPAA/RIAA should have to prove it with actual evidence of wrongdoing instead of basically an allegation of wrongdoing.
It's shocking that the MPAA/RIAA have been allowed to litigate in this manner for so long!
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Does anyone believe...
I guess this is just the standard sort of free-beer groupthink that passes for reason on anti-intellectual property websites these days. Most of you people probably have never been on the other end of massive copyright infringement of your IP. But what's fair is fair.. if something took money time, and effort to create and was created with the assurance that by law others must pay for a copy, not paying is stealing. If you want to change the law such that IP producers can expect no more protection and no longer bother with the current IP business model then go ahead. Just don't pretend that excuses like "how could she know that her files would be downloaded on bit-torrent" is a proper legal excuse.
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Re: Does anyone believe...
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However, the **AA have been using such evidence as 'the computer was connected to the internet during the month of ' and due to the fact that they use the money they get from cases to fund other lawsuits, removing the burden of proof is basically giving the lawyers a blank cheque signed by every person that has internet access (and not always then).
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Re: Does anyone believe...
An alleged act is not proof of wrongdoing until it is demonstrated to be a fact in a court of law under strict adherence to the "burden of proof" that must be provided. No individual or entity can simply state that it's "too hard" to show proper burden of proof and have a ruling in their favor.
I am sorry that you are having problems but Due Process applies to everyone and everything regardless of the situation.
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Re: Does anyone believe...
1. Nobody mentioned Bittorrent, so stop with the strawmen. This is about standard P2P programs where the program has a setting that tells it which folders to share online. This is normally a documents or music folder by default, so the user needn't be aware that it's being shared to begin with.
2. The owner of the account may not necessarily be the user of the computer. The person who is infringing may not be the person in court. Remember, IP spoofing has recently been shown to "prove" that a laser printer was used to download music while the RIAA's evidence has still not resulted in a single prosecution from being upheld in court.
3. "not paying is stealing.". No it's not, by any literal or logical interpretation of the term.
4. "If you want to change the law such that...". Nobody's arguing for a change in the law here. The simple facts are that the people who are being sued are the same people who buy music - there are many studies available that prove this. Changing the business model so that any infringement does not affect the core business is what's necessary here, not legal action.
5. "if something took money time, and effort to create and was created with the assurance that by law others must pay for a copy,". Many of us here would argue that the people who only create music in return for financial riches are the people who have no business polluting our culture with their music to begin with...
Fortunately for us, the artists and consumers who understand that your arguments are stupid and counter-productive is increasing constantly.
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Re: Does anyone believe...
I believe it exists in the "head shop" exception ('...you agree to only use these rolling papers and bongs to smoke tobacco, and only if you are of the legal age to use it...') but you're shooting the messenger to go after BitTorrent.
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You can always move to Canada...
Not that the RIAA and MPAA along with their Canadian branch organizations dictated this to a compliant and lazy Industry Minister, or anything like that.
Oh, let me add another whack with the paddle with putting up BitTorrent (how it's spelled, actually) as a straw man/person/program in all of this when it's major uses are perfectly legal and above board.
And to think that the original Copyright Act in England was entitled "An Act to Encourage Education"!
And it was put in place to stop the MPAA and RIAA of Queen Anne's day from ripping off writers not to allow them to continue.
ttfn
John
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Re: Does anyone believe...
Uh, yeah. Despite the fact that there is nothing wrong with file sharing (not all files are copyrighted), some copyright holders have actually begun distributing some of their own content through BitTorrent, like television broadcasters and musicians.
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Too effing bad. If you get to demand $150,000 per incident you darn well have to provide proof of infringement. Because of the ridiculously high civial statutory damage awards in copyright cases (meant for commercial piracy operations) a copyright owner has essentially more power than a local prosecutor and a lower standard of proof, so the least the **AA's should have to do is prove their case.
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WTF?!?!?
why is RIAA/MPAA think they are so special?
how many times did defendant in a murder trial got the chair because the state prosecution said it's too hard to prove their case?
MPAA's explanation is just downright funny...but not ha ha funny...
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xbox
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Re: xbox
Of course, if your made your network available version from originally encrypted media to begin with, the point is moot thanks to the DMCA.
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And for that matter...
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" It is often very difficult, and in some cases, impossible, to provide such direct proof when confronting modern forms of copyright infringement."
Well the MPAA / RIAA / Ect
They all stole all my music ideas, I don't have any direct proof, but it's very difficult because of the modern form in how they stole all my music / movie ideas.
Think I can go after them for a few Billion ?
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Re: #25
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Public libraries "make available"
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We have murderer's walking free because of lack of proof. Why should the **AA's get to extort money from whomever they choose without having to actually prove anything? They really are delusional.
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I have an idea...
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No, it is worse than that, far worse.
Under the shaky theory of "making available" as a copyright crime, nobody has to **do** anything. The mere fact that a copyrighted work is *available* at all is what the **AA's claim is a violation of copyright, because somebody could theoretically make a copy, in whole or in part, of the work if it is "made available. That's why "making available" is such a crock.
If you loan somebody a book or CD, you are "making available"--regardless of if they copy it. If you have books in your home or office where people have access to them you are "making available." Anyplace that loans or rents books, magazines, newspapers, CDs, DVDs, etc. is "making available" even though public libraries and private video rental stores are completely legal.
"Making available" makes everybody a copyright criminal liable for nearly unlimited cash damages, with no need to prove any copying or any intent to copy. "Making available" is crap.
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"proof that anything was made available" ?
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So I called the MPAA
Office of the Chairman and CEO
Washington, DC
1600 Eye St., NW
Washington, DC 20006
(202) 293-1966 (main)
(202) 296-7410 (fax)
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Massive but unprovable?
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Some points
But, this doesn't mean someone can sue someone and walk into a courtroom saying "Proving the case is too hard. I win."
If that's the case, I'm going to sue the RIAA and MPAA just because I can: "Sorry, your honor, it's too hard to prove they injured me. Just give me the money." :)
Seriously, though, what is wrong with the attorneys who take cases like these? Again, did they not go to law school? Did they not learn about the burden of proof in civil cases?
Should these attorneys be dis-barred until they go back to law school and learn about concepts like proving a case?
It's too easy to blame the nebulous "RIAA" or "MPAA": let's hold the individual attorneys accountable. After all, they're the ones who have to file the legal paperwork.
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RiaaMpaaRant
After all, it is OK to bribe or force "By Law", ISPs to reveal surfing habits and personal identification of individuals.
By allowing telecommunications, computer, software, and music/video companies to not only monitor, but to use, and to monetarily profit from:
the DATA passed between two PRIVATE computers.
It seems to me to be a breach of contract,
as well as illegal!
> As THEY are profiting from a practice that illegly involves monitoring content that is not owned by them.
They are also using the data to manipulate pricing to the market, in areas such as load, and throttling, and now "UNLIMIT-ING the UNLIMITED PLAN".
Got to set-up the next tier.
It is OK for them to restrict bandwidth, when half of it is advertisements for them or their clients.
> is this band-width limiting thing such a good thing?
"Oh, OK, AFTER we get them to extend the package..."
It is OK for them to disable ports, to limit or stop the ability to use apps like VOIP, and PtP, and yet for them to offer the same type programs and IT IS OK!
And it is NOT OK for mICROsOFT, Sony, or any other service or goods provider:
to embed software, spyware, trojan, rootkits, or other spying devices,
or to monitor content with-out a judge approved court order.
IE: They are services and goods suppliers, not the internet police.
> note to: State Attorneys
>How about a universal EULA written FOR the PEOPLE.
Back to the Illegal/Un-Authorized Data Monitoring, Mining, Combing, Manipulating, Breach of Privacy>(I gave them "the trust of my privacy"), and sale of illeaglly obtained data.
That content should be available only to the parties (peers)connected, as part of a PRIVATE connection (encryption)and should be private by the same means that telephones are covered now.
AS A RULE OF THUMB...Would it be illegal?...
>if I did itit would be illegal
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