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Old 12-31-2007, 02:51 AM
Todd Zullinger
 
Default OT (sort of anyway) - Now get this, it may be illegal to turn on your computer...

(This is *really* far off topic IMO.)

Craig White wrote:
> get a load of this...it's not something someone can just make up

No, but reporters that want to sensationalize a story can do as much
or more damage by just selectively quoting and not providing context
(as well as not have much of a clue about the legal system or in
general).

> http://www.washingtonpost.com/wp-dyn/content/article/2007/12/28/AR2007122800693.html
>
> Clearly Apple, Microsoft et al. are turning us into lawbreakers
> (probably Fedora too)

Bah to piss poor reporting. Where's the link to the case in question
in that article? Why don't they quote more of it?

I am in no way a sympathizer with the RIAA and their tactics.
However, I do have a soft spot for accurate information, and in this
instance, the reporting is just plain inaccurate. Whether that is due
to an agenda on the part of the article's author or just good, old
fashioned ineptitude, I leave to the readers. (I believe Hanlon's
razor may be appropriate here.)

A slightly larger quote from the brief in question[1]:

Virtually all of the sound recordings on Exhibit B are in the ".mp3"
format. (Exhibit 10 to SOF, showing virtually all audio files with the
".mp3" extension.) Defendant admitted that he converted these sound
recordings from their original format to the .mp3 format for his and
his wife's use. (Howell Dep. 107:24 to 110:2; 114:1 to 116:16). The
.mp3 format is a "compressed format [that] allows for rapid
transmission of digital audio files from one computer to another by
electronic mail or any other file transfer protocol." Napster, 239
F.3d at 1011. Once Defendant converted Plaintiffs' recording into the
compressed .mp3 format and they are in his shared folder, they are no
longer the authorized copies distributed by Plaintiffs. Moreover,
Defendant had no authorization to distribute Plaintiffs' copyrighted
recordings from his KaZaA shared folder.

I have not read the entire brief, but what I read above indicates that
the position of the RIAA in this case is not that simply ripping a CD
is unlawful, but that ripping it and putting it the shared folder of a
tool like KaZaA is what constitutes "unauthorized copies" of
copyrighted work.

I happen to think the RIAA are scum and that their lawsuits against
file sharing users will only continue to hurt record sales. But I'm
also appalled at the lack of attention to detail by the Washington
Post. Of course, I'm not surprised. I don't expect to get accurate
reporting from any major news media these days.

[1] http://www.ilrweb.com/viewILRPDF.asp?filename=atlantic_howell_071207RIAA SupplementalBrief

--
Todd OpenPGP -> KeyID: 0xBEAF0CE3 | URL: www.pobox.com/~tmz/pgp
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~
Until you spread your wings, you'll have no idea how far you can walk.
-- Demotivators (www.despair.com)

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Old 12-31-2007, 03:12 AM
Craig White
 
Default OT (sort of anyway) - Now get this, it may be illegal to turn on your computer...

On Sun, 2007-12-30 at 22:51 -0500, Todd Zullinger wrote:
> (This is *really* far off topic IMO.)
>
> Craig White wrote:
> > get a load of this...it's not something someone can just make up
>
> No, but reporters that want to sensationalize a story can do as much
> or more damage by just selectively quoting and not providing context
> (as well as not have much of a clue about the legal system or in
> general).
>
> > http://www.washingtonpost.com/wp-dyn/content/article/2007/12/28/AR2007122800693.html
> >
> > Clearly Apple, Microsoft et al. are turning us into lawbreakers
> > (probably Fedora too)
>
> Bah to piss poor reporting. Where's the link to the case in question
> in that article? Why don't they quote more of it?
>
> I am in no way a sympathizer with the RIAA and their tactics.
> However, I do have a soft spot for accurate information, and in this
> instance, the reporting is just plain inaccurate. Whether that is due
> to an agenda on the part of the article's author or just good, old
> fashioned ineptitude, I leave to the readers. (I believe Hanlon's
> razor may be appropriate here.)
>
> A slightly larger quote from the brief in question[1]:
>
> Virtually all of the sound recordings on Exhibit B are in the ".mp3"
> format. (Exhibit 10 to SOF, showing virtually all audio files with the
> ".mp3" extension.) Defendant admitted that he converted these sound
> recordings from their original format to the .mp3 format for his and
> his wife's use. (Howell Dep. 107:24 to 110:2; 114:1 to 116:16). The
> .mp3 format is a "compressed format [that] allows for rapid
> transmission of digital audio files from one computer to another by
> electronic mail or any other file transfer protocol." Napster, 239
> F.3d at 1011. Once Defendant converted Plaintiffs' recording into the
> compressed .mp3 format and they are in his shared folder, they are no
> longer the authorized copies distributed by Plaintiffs. Moreover,
> Defendant had no authorization to distribute Plaintiffs' copyrighted
> recordings from his KaZaA shared folder.
>
> I have not read the entire brief, but what I read above indicates that
> the position of the RIAA in this case is not that simply ripping a CD
> is unlawful, but that ripping it and putting it the shared folder of a
> tool like KaZaA is what constitutes "unauthorized copies" of
> copyrighted work.
>
> I happen to think the RIAA are scum and that their lawsuits against
> file sharing users will only continue to hurt record sales. But I'm
> also appalled at the lack of attention to detail by the Washington
> Post. Of course, I'm not surprised. I don't expect to get accurate
> reporting from any major news media these days.
>
> [1] http://www.ilrweb.com/viewILRPDF.asp?filename=atlantic_howell_071207RIAA SupplementalBrief
----
yeah, I stumbled onto that link of the filing too.

Apparently defendant states that music went in 'My Music' and not into
any KaZaA folder at all. I don't know that I've ever seen KaZaA but I am
gathering that it searches your hard drive looking for things worth
sharing. Probably not a good idea to install Limewire/KaZaA or anything
similar these days - unless you're wireless on someone else's broadband
spectrum ;-)

I do agree with your assessment though, especially wrt to major news
media.

Craig

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Old 12-31-2007, 04:12 PM
William Case
 
Default OT (sort of anyway) - Now get this, it may be illegal to turn on your computer...

Hi;

On Mon, 2007-12-31 at 07:55 -0800, Mr.Scrooge wrote:
> They are crazy. We will all be criminals before long....soon it will
> be illegal to breathe without paying someone.

That is not a new idea. It is called a poll tax.

[snip]
--
Regards Bill

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