Sunday, April 06, 2008

OMG, a stupid NY judge. What are the odds?

Hey, Judge ...



“
Courts Disagree on Legality of Uploading

BOSTON (AP) -- Leaving a copyrighted song where others can get at it with peer-to-peer software doesn't constitute a copyright violation until someone downloads it, a federal judge said in a record industry lawsuit against college students.

The Boston judge's comments in a Monday pretrial ruling conflict with statements, also made Monday, by a New York federal judge that leaving a copyrighted file accessible could be illegal, even if nobody downloads it.
 ”

God save us.  Several years ago my wife's car was stolen from our driveway.  Did I say, from our driveway, located on our property?  When she told the cop that she kept a spare key under the floor mat, el-coppo threatened to cite for contributory negligence; enticing to a criminal act.  That cop nearly had 5 feet of raging Polish hormones up his ass.  When she relates the story,  even today, there are always some who agree that, why yes, she was responsible.  It is Maryland, after all.  The New York judge is of that mindset.  BTW, don't lawyer me on this.  I don't care.  The judge is a jerk, EOS. Eat me.

4/06/2008 09:35:00 PM 6 Comments

"If the number of Islamic terror attacks continues at the current rate, candlelight vigils will soon be the number-one cause of global warming. "
Argus Hamilton


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6 comments:

Anonymous said...

He couldn't help himself. You were wearing a short skirt. You are at fault.
Tim

4/6/08, 9:44 PM
Rodger the Real King of France said...

But, I was wearing underpants?

4/6/08, 9:51 PM
Anonymous said...

I think the prob here ain't hacking, but rather people not being aware of how bittorrent works.

When you BT a file, and use the default settings, you are also sharing the parts of the file you now have as well.

When you are done, if the BT client is still running in the back ground, you are now seeding the file to others.

So when you BT a file, you are, unless you lock your client into leach-only mode, also distributing it.

What the court said to the RIAA clowns, was that they needed to prove the file was also distributed to others, as opposed to just getting lists from the ISP of folks who downloaded it.

So far, the RIAA has just made a habit of committing extortion through fear, and suing at random with little or no proof of intent to distribute, and using ignorant judges to get past their failure to prove their case.

4/6/08, 10:12 PM
Rodger the Real King of France said...

I understand that, and stand firm.

4/6/08, 10:17 PM
Anonymous said...

I agree Rodger. In your wife's case, it's not as though she left the car unlocked with the keys in the ignition in plain sight. That might make her an accessory to an insurance company, but if I were on a jury I could not convict on that. One should have every right to expect that anything on your property is yours, that anyone who comes on your property without legal business or asking permission is trespassing, that you have a right to defend your property. If you forget to lock your door to your house and the boogeyman lets himself in during the night and kills a householder, are you then an accomplice to murder? I don't think so.
Besides, how does the cop know the thief even used the secreted key rather than a master key commonly owned by "professional" thieves, or that he didn't hotwire the car?

As to the judges ruling, good for him. Ruling the other way would imply the recording industry can read people's minds, much like the "hate crime" fiasco purports to divine people's motives.
Lt. Col. Gen. Tailgunner dick

4/6/08, 11:24 PM
Anonymous said...

It seems the recording industry is agitating for a "tax" on all internet users, which they will distribute to the artists as they see fit. This is to compensate for the lost sales because of all the hackers, etc that download music/movies for free. Don't download? Tough noogies. Pay anyway. You're making up for someone that does nothing BUT download.

And as regards your wife's car theft, the only way they would have found out that there was a key hidden in the car would be if they dragged it out of me under oath in open court. Where you store your spare keys is of no concern to the PO-leece man.

4/7/08, 12:07 AM

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