Feeds

World's dumbest file-sharer: Judge to the rescue

Verdict may be nullified

5 things you didn’t know about cloud backup

Yesterday, WiReD's David Kravets reports, Thomas pointedly asked the appeals specialist retained by the RIAA, Donald Verrilli, why Congress hadn't made it clear that it didn't need to prove anything: The burden of proof is on the defendant, and by passing the Act Congress made its intentions clear.

"If the owner of a video rental store made an unauthorized copyright video available on the shelves of the store," the RIAA argued in its brief, "courts did not require copyright owners to sit monitoring the store and waiting for someone - if they could catch him - to rent or buy the video in question. Rather, the offer to sell, rent or give away the video has always been enough."

The RIAA also argues that shared songs violate its exclusive right to authorise distribution - and that's where courts have found its arguments to be weakest.

"The First Circuit has squarely considered and rejected the proposition that copyright liability arises where the defendant authorized an infringement, but no actual infringement occurred… Authorization is sufficient to give rise to liability, but only if an infringing act occurs after the authorization."

(It's easy to forget, that the law mentions "distribution" merely as an example of the publication right, not the other way around.)

Maritime legal expert Brian Toder - dismissed and then rehired by Thomas as her attorney - says that if the only person who demonstrably downloaded the songs was the RIAA's enforcement contractor MediaSentry, then no liability should be attached.

A dismissal of the original case, hinted at yesterday, would be a sensational verdict - but would still leave the matter unresolved. The verdict would (naturally) be appealed and the matter would head towards federal courts.

You can see why the RIAA has pushed for "intentional inducement to infringe" to be added to the legal code - a move that would make tape recorders illegal. ®

5 things you didn’t know about cloud backup

More from The Register

next story
6 Obvious Reasons Why Facebook Will Ban This Article (Thank God)
Clampdown on clickbait ... and El Reg is OK with this
Mozilla's 'Tiles' ads debut in new Firefox nightlies
You can try turning them off and on again
No, thank you. I will not code for the Caliphate
Some assignments, even the Bongster decline must
Banking apps: Handy, can grab all your money... and RIDDLED with coding flaws
Yep, that one place you'd hoped you wouldn't find 'em
TROLL SLAYER Google grabs $1.3 MEEELLION in patent counter-suit
Chocolate Factory hits back at firm for suing customers
Primetime precrime? Minority Report TV series 'being developed'
I have to know. I have to find out what happened to my life
Ex-IBM CEO John Akers dies at 79
An era disrupted by the advent of the PC
prev story

Whitepapers

Gartner critical capabilities for enterprise endpoint backup
Learn why inSync received the highest overall rating from Druva and is the top choice for the mobile workforce.
Implementing global e-invoicing with guaranteed legal certainty
Explaining the role local tax compliance plays in successful supply chain management and e-business and how leading global brands are addressing this.
Rethinking backup and recovery in the modern data center
Combining intelligence, operational analytics, and automation to enable efficient, data-driven IT organizations using the HP ABR approach.
Consolidation: The Foundation for IT Business Transformation
In this whitepaper learn how effective consolidation of IT and business resources can enable multiple, meaningful business benefits.
Next gen security for virtualised datacentres
Legacy security solutions are inefficient due to the architectural differences between physical and virtual environments.