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
This archive was generated by hypermail 2b30 : Thu Jul 11 2002 - 18:32:23 PDT