Re: [7.8.2002 44916] Notice of Copyright Infringement

From: Valdis.Kletnieksat_private
Date: Thu Jul 11 2002 - 12:05:44 PDT

  • Next message: Mark C. Langston: "Re: [7.8.2002 44916] Notice of Copyright Infringement]"

    On Thu, 11 Jul 2002 05:57:00 EDT, Vicne said:
    
    > But I am curious now, would they be able to build a case without
    > validating that the content is actually theirs, not just the name?
    
    In a US civil court, it wouldn't take much - the standard is "preponderance
    of evidence".  If they can show that you were serving up a video, and it
    was the right size, and the name of the file was the name of their movie,
    and it was found on a p2p network where the *previous* 118 files of the
    same name, type, and size were pirated movies, you'd better be ready to
    show proof it *wasnt* a pirated copy of their movie.
    
    The Aimster crew had an interesting twist on this - they used a trivial
    encryption, but phrased their EULA such that the RIAA had to either break
    the EULA or violate the DMCA to get enough info to show infringement (at
    which point the RIAA loses due to the legal theory of "dirty hands" - you
    can't collect damages from somebody else for doing something that you are
    engaged in as well).
    
    IANAL, etc - if you're in a position where it makes a difference, get competent
    legal advice. ;)
    -- 
    				Valdis Kletnieks
    				Computer Systems Senior Engineer
    				Virginia Tech
    
    
    
    



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