Feeds

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

Verdict may be nullified

3 Big data security analytics techniques

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. ®

High performance access to file storage

More from The Register

next story
Dropbox defends fantastically badly timed Condoleezza Rice appointment
'Nothing is going to change with Dr. Rice's appointment,' file sharer promises
Audio fans, prepare yourself for the Second Coming ... of Blu-ray
High Fidelity Pure Audio – is this what your ears have been waiting for?
Did a date calculation bug just cost hard-up Co-op Bank £110m?
And just when Brit banking org needs £400m to stay afloat
MtGox chief Karpelès refuses to come to US for g-men's grilling
Bitcoin baron says he needs another lawyer for FinCEN chat
Zucker punched: Google gobbles Facebook-wooed Titan Aerospace
Up, up and away in my beautiful balloon flying broadband-bot
Apple DOMINATES the Valley, rakes in more profit than Google, HP, Intel, Cisco COMBINED
Cook & Co. also pay more taxes than those four worthies PLUS eBay and Oracle
It may be ILLEGAL to run Heartbleed health checks – IT lawyer
Do the right thing, earn up to 10 years in clink
prev story

Whitepapers

Top three mobile application threats
Learn about three of the top mobile application security threats facing businesses today and recommendations on how to mitigate the risk.
Combat fraud and increase customer satisfaction
Based on their experience using HP ArcSight Enterprise Security Manager for IT security operations, Finansbank moved to HP ArcSight ESM for fraud management.
The benefits of software based PBX
Why you should break free from your proprietary PBX and how to leverage your existing server hardware.
Five 3D headsets to be won!
We were so impressed by the Durovis Dive headset we’ve asked the company to give some away to Reg readers.
SANS - Survey on application security programs
In this whitepaper learn about the state of application security programs and practices of 488 surveyed respondents, and discover how mature and effective these programs are.