redsunx

Uh. You need evidence. Or the Jurors will be like "lol k innocent".

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Poser

I think there is some confusion here:

You can not convict in the United States without proof of guilt. That is not what is going on here. They are trying to differentiate between intent to infringe v. actual infringement.

Here is a simple analogy: I walk into your store, brandish a firearm and tell you to empty your cash til. However, before you can hand over the booty, I lose my nerve and bolt faster than the downward spiral of britney spears career. The entire episode is captured on your state of the art 'leet, vhs surveillance system. The authorities then use that to identify me, arrest me... and charge me with, among other things, attempted armed robbery. My intent was to in fact, perpetrate said crime, irrespective of the outcome.

The RIAA would like to be afforded the same criminal interpretation when it comes to IP and copyright infringement. Intent to pirate, is no more allowable under the law than actual piracy. In this particular instance, the RIAA and MPAA, have more than a fair amount of legal precedant to support their plea.

However, if both the MPAA and RIAA, would start producing more than populace tripe and be reasonable about pricing... they would probably make much greater gains against piracy than their current campaign of demonizin midwest mothers affords them.

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Wheezy Baby

So we can just go around suing people without any proof in court? Get the hell out of here.

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Poser

wheezy... proof of intent v. proof of actual committal is the debate here.

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rx7speed

true enough poser. hell watch cops enough and you will see that as is it stands it is better to get busted with a pound of crack then it is to get busted with 128 1/8 baggies.
sure either way he is going to get busted for drugs as they are illegal but which one is going to get him in more trouble? option #2 for intent to sell. do they really need to prove that he sold drugs at that point to be guilty of intent to sell them? not really the 128 baggies all measured out is the proof right there many times that they wanted to sell the drugs and had full intent of doing so.

it's just like putting files in the share folder on kazaa. you have full intent on giving those songs to other users. if they take them or not is a different story and doesn't change the matter that the file sharer still had intent to distribute those songs.

CorporalAris

:

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Fredy

Slackers :lol:

Dylan

This country sucks more and more every second

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Manyak

This is awesome.

The punishment for piracy is now greater than the punishment for being a colombian druglord.

All the while you make no money doing it and its harder to get away with?

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Chipp

You know, that assumption most likely is correct.

However, an assumption is never grounds for legal action, even in civil court, unless there is a preponderance of other evidence to suggest the defendant is guilty. I would not venture to say that a statement like the one above constitutes more than a 50% level of doubt or certainty. Now, if they track packets and look for TCP receipts that yes, this person indeed made these files available and yes, somebody else downloaded them; I would say there is grounds for action then. It's an issue of principle rather than one of practice. Sure, the intent might be pretty clear here. But if we let this type of "lack of evidence" ruling become commonplace in civil court, it's only a matter of time before "beyond reasonable doubt" becomes "meh, maybe he did it, but I think he wanted to".

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