planes
December 21st, 2003, 08:15 PM
[SIZE=6][COLOR=DarkRed][FONT=Arial]
Well I was very surprised at the recent court ruling against the RIAA.
Ive written some well known posts where I made many controversial points against file sharing. Though I still stand by my opinions I have to say the RIAAs road is very tough now. Now their going to have to catch the user in the act with files on their computer.
Its sort of like a cop seeing a drug deal go down from a distance going to a judge for a search warrant going to the pushers house and not finding any drugs.
Hes got the deal going down on tape sees hands exchanging something presumed to be drugs but doesnt find anything.
Cant take that to court. Now in civil cases its the preponderance of the evidence not beyond reasonable doubt. So in the above example its not likely a jury or judge will find the pusher guilty as its not beyond reasonable doubt the buyer and seller were exchanging drugs.
In a civil case the RIAA would have computer evidence of a list of files on someones computer and a witness to the fact that the witness downloaded the files from the persons computer. Now if the RIAA doesnt get anything else in a raid of the persons computer the question will be is that preponderance of the evidence that the person who owns the IP address was trading files on a computer.
Without the actual files there will only be the logs the witness and defendant who in a civil case will have to take the stand. A good lawyer can without lying create scenarios that could be reasons for the files at one time being on the defendants computer.
Its probably 50/50 whether the defendant is found gulity probably even more in favor of the defendant.
There are other obstacles now. One you have to have witnesses who will go to court and swear to what they saw. That costs money. So it would be an employee or a PAID detective,hacker or good samaritan.
So now you have to get a bunch of the above examples who will have to go to courts all accross the country.
The RIAA will now have to invest about twenty thousand dollars per docket or in the case of 1000 defendents 20 million dollars just to get cases off the ground. The defendents their goin after dont have any money and will incur if they lose a settlement theyll never pay-off. The RIAA will have to lose millions of dollars to conitnue their campagin. A losing battle.
Well I was very surprised at the recent court ruling against the RIAA.
Ive written some well known posts where I made many controversial points against file sharing. Though I still stand by my opinions I have to say the RIAAs road is very tough now. Now their going to have to catch the user in the act with files on their computer.
Its sort of like a cop seeing a drug deal go down from a distance going to a judge for a search warrant going to the pushers house and not finding any drugs.
Hes got the deal going down on tape sees hands exchanging something presumed to be drugs but doesnt find anything.
Cant take that to court. Now in civil cases its the preponderance of the evidence not beyond reasonable doubt. So in the above example its not likely a jury or judge will find the pusher guilty as its not beyond reasonable doubt the buyer and seller were exchanging drugs.
In a civil case the RIAA would have computer evidence of a list of files on someones computer and a witness to the fact that the witness downloaded the files from the persons computer. Now if the RIAA doesnt get anything else in a raid of the persons computer the question will be is that preponderance of the evidence that the person who owns the IP address was trading files on a computer.
Without the actual files there will only be the logs the witness and defendant who in a civil case will have to take the stand. A good lawyer can without lying create scenarios that could be reasons for the files at one time being on the defendants computer.
Its probably 50/50 whether the defendant is found gulity probably even more in favor of the defendant.
There are other obstacles now. One you have to have witnesses who will go to court and swear to what they saw. That costs money. So it would be an employee or a PAID detective,hacker or good samaritan.
So now you have to get a bunch of the above examples who will have to go to courts all accross the country.
The RIAA will now have to invest about twenty thousand dollars per docket or in the case of 1000 defendents 20 million dollars just to get cases off the ground. The defendents their goin after dont have any money and will incur if they lose a settlement theyll never pay-off. The RIAA will have to lose millions of dollars to conitnue their campagin. A losing battle.