Riaa Spies

[J'Pol]

Originally posted by shelly@2 August 2003 - 12:03
The files are tagged, therefore we will know where you got them from anyway.

Like I said earlier the fact that I have them online is not an implied permission for you to take them. Whether I switch this option on or not.

The is the opinion of very senior counsel, expert in international copyright law.

I think you are Wriggling now!

since when has a opinion been a fact of Law ? [/quote]
I didn´t mean to suggest that it was (other than expert opinion) which you obviously realise has an entirely diferent status than normal testimony.

All I was saying was that opinion was sought from experts. This is common practice for law enforcement, large companies etc.

The law (including legislation) is not made until it has been tested. There are then stated cases on which the rest of the law is based.

I am sure you realise all of this, the point is that in the opinion of senior counsel there is no problem with this tactic.

There are other potential problems, but for obvious reasons I won´t go into them.

[J'Pol]

Originally posted by Hogster@2 August 2003 - 11:47
yes but doesnt it come to the term of open soure??? the person who created mp3s would own the copyright

like MS don't want other software development to ripp off there file extentions

Open source copyright

Surely that would verge on an oxymoron.

[ISthisLEGAL.com]

Hi jpaul, this is abit off topic but ive just thought of something, if we down load tagged albums they get are I.P`s and sue us if we produced the original albums that we down loaded meaning we would own the copyright would charges be dropped???

If so we could just buy the albums if we got busted!

what are your views on this?

[RealitY]

@JPaul
I pissed myself lauging reading this post, it is quite absurd although you have truly outdone yourself. Although Shelly is close to poping that bubble.

Also may I have your IP so that I can dl directly dl from you before you hall me away. I also hope you have some porn I can bring to the big house with me.

As for everyone else...
<<== JPaul Is In Ya

[J'Pol]

Originally posted by ISthisLEGAL.com@2 August 2003 - 12:15
Hi jpaul, this is abit off topic but ive just thought of something, if we down load tagged albums they get are I.P`s and sue us if we produced the original albums that we down loaded meaning we would own the copyright would charges be dropped???

If so we could just buy the albums if we got busted&#33;

what are your views on this?

It really depends where you are, that is one of the complications.

For example in the UK you cannot make a copy of an album, even for personal use. Don´t listen to what people tell you it simply is not the case. So that wouldn´t work.

You can make reasonable use copies in the US. So your theory has some grounds.

However as the files are tagged they obviously are not copies from the album. As such you would have to convince the Court that there was a reason you downloaded the file rather than copying it from the CD which you claim to have owned at the time.

I feel my argument that you simply stole it would be more plausible, however we can let the Judge decide.

[J'Pol]

Originally posted by REALITY@2 August 2003 - 12:23
@JPaul
I pissed myself lauging reading this post, it is quite absurd although you have truly outdone yourself. Although Shelly is close to poping that bubble.

Also may I have your IP so that I can dl directly dl from you before you hall me away. I also hope you have some porn I can bring to the big house with me.

As for everyone else...
<<== JPaul Is In Ya

As I said earlier, please come over to the SS room and take what you want, that´s what they are there for.

[shelly]

Originally posted by REALITY@2 August 2003 - 11:23
@JPaul
I pissed myself lauging reading this post, it is quite absurd although you have truly outdone yourself. Although Shelly is close to poping that bubble.

Also may I have your IP so that I can dl directly dl from you before you hall me away. I also hope you have some porn I can bring to the big house with me.

As for&nbsp; everyone else...
<<== JPaul Is In Ya
&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;

Nice one Reality&#33;

I think he should give us his IP and a list so we can see if its even worth it to DL from him,

Also he keeps saying he not a law enforcment officer and as far as I know if he "RIAA" are tracking and coping files for "Evidance" then they are breaking the law.

In some Countrys only A Judge can allow such actions and only against a certain person who is copying and selling it.

I think they are doing more damage to themselves at the moment, because even if they win this round there are lots of great guys out there who will find a way around this, So till then

[J'Pol]

To monitor who is taking stuff from our servers is not illegal.

To download from you is not illegal, we own the copyright so we are the only people who can legally do it.

To access your hdd remotely would only be legal with a court order. Only law officers are allowed to get those (it´s similar to phone tapping).

Or job is to gain sufficient evidence to prove a prima facie case. It is then up to the Police to get the evidence for prosecution. They would simply get a warrant for your house and remove the computer.

However as I said that is extreme. In most case we wish to sue. The proof in a civil case is balance of probability. Therefore we do not need the criminal evidence.

[J'Pol]

Oh and you don´t need my IP, seriously come to the SS room. I´m there now.

jetje (Mod here) will tell you the name I use there and confirm it is me, as will many others.

[Faethe]

Like I said earlier the fact that I have them online is not an implied permission for you to take them. Whether I switch this option on or not.

Wrong. Perhaps you would like to take that argument to

http:&#092;&#092;www.eff.org

If you have items of whatever nature in your share folder, and are using a p2p folder - the implication is that you wish to share them. Whether you own the copyright on them or not is irrelevant - you are making these copies available for mass distribution on a p2p network. I find it hard to believe that the RIAA would approve of such a scheme, as it would implicate that they themselves are the originators of the material that they are seeking to defend. Try explaining THAT to a judge - we just had to spread more of it around to make damn sure we were nailing people who had copywritten material. Explain WHY you had to spread it around in the first place - and if your case is still alive at that point - prepare to be countersued into oblivion for FRAUD. And if you think still, that you have a valid technique for defending your copyright, by all means continue to do so, because I am positive CNN would love to broadcast the exact technique being employed by the RIAA to "ensnare" persons trading copywritten material.

Bullshit.