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Has the RIAA's Fight Against File Sharing Gone Too Far?

#101 User is online   deepsand Icon

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Posted 02 July 2009 - 02:29 PM

Before you become too celebratory, you might undertake to study precisely how Patent & Copyright Laws actually work wordwide.



BTW, nice job of evading the matter of an affirmative act having been committed by the defendant.
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#102 User is offline   WinTard Icon

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Posted 02 July 2009 - 02:36 PM

You wouldn't work for the RIAA, and are trying to justify your job, would you? Or sway public opinion? IMHO you are not going to win in the Court of Public Opinion. Sorry... Please note in a democracy, the Public ultimately rules! Sorry again to burst your bubble... Yes, politicians listen to the vast majority of the public. Then the lawmakers and lawyers, listen to the politicians... That is the way the system functions. Even paid for SIG lobbyist can't do anything about that.
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#103 User is online   deepsand Icon

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Posted 02 July 2009 - 02:51 PM

Sorry to break your bubble, but the U.S. is not a democracy, but a Representative Republic, one specifically designed so as to guard against tyrannies of the majority as you here advocate.


As for the rest, the Universe is a cold, uncaring place, one that gives not a whit about either your personal wants & desires, or your so-called "Court of Public Opinion." Said "Court" once held that the Earth was flat; and, that the Universe was Terra-centric. So much for the judgement of that "court."
Message was edited by: deepsand; to eliminate gratuituous "+" symbols inserted by posting function.
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#104 User is offline   backbuster Icon

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Posted 02 July 2009 - 02:53 PM

I don't think there can be any question that the defendant in this case violated copyright laws. She did make the music available to the public without permission from the copyright holder. What I find ridiculous is the amount of the settlement $80,000 per song made available. How can anyone justify that amount? The jury in this case must have been in a hurry to get home "OK she's guilty lets give her the max and get out of here". I can see further appeals coming in this case as the amount of the settlement cannot be justified.
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#105 User is online   deepsand Icon

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Posted 02 July 2009 - 03:00 PM

The actual no. of songs involved was in excess of 1700 !



Additionally, she lost the 1st trial, after which she refused a settlement offer that was significantly less than the original judgement, deciding instead to gamble on winning the 2nd trial, and lost the bet.
Message was edited by: deepsand; to correct post function's formatting errors
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#106 User is offline   bigpicture Icon

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Posted 02 July 2009 - 03:21 PM

I engage lawyers almost every day with their endless splitting hairs about the meaning of language and the interpertation of intent. In the end the law is just a particular kind of philosophy that some people subscribe to like it is real. In my business dealings the only time lawyers are involved is when there is disagreement and bad faith. Actual business is conducted on common understandings and agreements, not endless machinations with words.
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#107 User is offline   drklassen Icon

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Posted 02 July 2009 - 03:39 PM

Quote

Since you obviously reject the notion of intangible property, you will presumably then have no objection to anyone taking any of your financial assets.


I have no qualms about anyone copying them and/or distributing those copies. Go ahead. See, they are not so intangible. They are markers of "stored labor" that allow me to trade my labor for things I want indirecty.








Quote

> All I can do is copy them and redistribute the.










Quote

You can; but, you cannot require that others allow you to freely do so.

That's kinda moot to my point---that being nothing is stolen if I do this.
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#108 User is offline   drklassen Icon

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Posted 02 July 2009 - 03:44 PM

When I buy a copy of an idea-in-fixed-format, that copy is wholely mine. There are no licenses involved. Unless one is sorry enough to live in a state that passed a version of UCITA that tries to move all this stuff into the realm of contract law instead of product law where it belongs. I buy a thing and I can do with that thing whatever I desire to do---except distribute unauthorized copies and/or make derivative works for some (no longer) limited period of time.
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#109 User is offline   drklassen Icon

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Posted 02 July 2009 - 03:49 PM

>I don't think there can be any question that the defendant in this case violated copyright laws.





Actually, there is a question. Yes, she put files on a shared directory that was visible to others. The big question at hand was: is that distribution of unauthorized copies? This court appears to believe the answer is yes. I disagree. If there were unauthorized copies made, they were by other people and not the defendant. Holding her responsible for that sets a very scary precedent. One that implies libraries can be held responsible for borrowers who rip CD's, or even you if your friend makes a copy of an MP3 from your player.
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#110 User is online   deepsand Icon

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Posted 02 July 2009 - 03:51 PM

As "labor" is work done, i.e. energy expended, and a "marker" is merely a symbol, a "marker" of "stored labor" is an intangible. Likewise for financial assets; look it up.
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#111 User is online   deepsand Icon

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Posted 02 July 2009 - 03:52 PM

"... I can do with that thing whatever I desire to do ... . "



Once more, incorrect; look it up.
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#112 User is online   deepsand Icon

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Posted 02 July 2009 - 03:57 PM

"Actually, there is a question."



Your persisting in ignoring the repeated mention of the fact that the defendant committed an affirmative act that served to speak as to her intent to facilitate the making of unlawful copies is mere sophistry.
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#113 User is offline   drklassen Icon

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Posted 04 July 2009 - 12:50 PM

Nice---you snipped the other half of my statement. That's called intellectual dishonesty.
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#114 User is online   deepsand Icon

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Posted 04 July 2009 - 02:13 PM

When


* You are merely repeat that which has been previously said several times

* You continue to ignore previous substantive rebuttal to same

* The meaning of your statement is not misrepresented




there is no intellectual dishonesty beyond that of your own making, which you here repeat.



You'll need more than sophomoric sophistry to here prevail.
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#115 User is offline   WinTard Icon

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Posted 04 July 2009 - 02:42 PM

I agree with drklassen's posts.

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#116 User is online   deepsand Icon

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Posted 05 July 2009 - 09:25 AM

Repetitive & non-substantive.



Purpose? Just to have the last word?
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#117 User is offline   quackadilly Icon

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Posted 05 July 2009 - 12:14 PM

Geeze man..... it's a compliment.....take it while you can get it.
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#118 User is online   deepsand Icon

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Posted 05 July 2009 - 12:32 PM

Did you misread her post?



Sh'es been unable to logically support her position, and here merely signs her agreement with another another who has likewise been soundly rebutted.
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#119 User is offline   WinTard Icon

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Posted 06 July 2009 - 11:17 AM

So you say... Well, let me be more explicit.

I disagree with your posts. I won't bother arguing with you. You are not worth it.

It appears YOU want the last word. So be it. LOL!

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#120 User is offline   Boomshadow Icon

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Posted 06 July 2009 - 01:07 PM

Yeah, yeah, but we elect our representatives, our senators, and our electors for the President democratically; that is each citizen over the age of 18 gets one vote. And I vote that $1.92 million is too high a verdict--especially since I defy the RIAA to prove they've ever paid their artists--the people they claim to support--a dime of any of their winnings so far.
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