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Subject: 
Music Downloads and RIAA
Newsgroups: 
lugnet.off-topic.debate
Date: 
Thu, 26 Jun 2003 23:17:28 GMT
Viewed: 
83 times
  
Q&A: Will I be sued for music-swapping?

http://newsvote.bbc.co.uk/mpapps/pagetools/print/news.bbc.co.uk/1/hi/entertainment/music/3022170.stm

Yikes! That article seems full of misleading and possibly false information.

Now, I’m not the expert on these cases but it is my understanding that the student that was sued was actually running only a search type service of the university’s local files. That others used this search utility to find illicit files is not his fault.

Then there’s this bit: “If you download songs from a site that is not sanctioned - whether it is one song or a million - you are infringing copyright and breaking the law.”

Gee - that statement seems pointedly false to me. I can think of any number of alternatives to contradict the assertion that the specific scenario as described is one involving copyright infringement.

I have previously stated an obvious scenario in which the issue is less clear: I download something I already own. Why would I do that? Maybe I’m at work, maybe I’d rather lazily download something than to take the time to rip it to mp3 format myself. Etc, Etc, Etc...

So why does this scenario occur to me? Because I have done this very thing numerous times. I have a rather large collection of mp3s of stuff I already own either on vinyl or on CD, and sometimes on both!!!

Unless you are running on a very speedy system, or multiple systems at once (I now own 6 computers. Can you say KVM switch? Can you say MAME Console?), it’s a hassle to rip your own mp3s when so much stuff is already out there. You have to type in all the names and album info, you have to rip it, takes time, etc. Downloading files is as easy as point and click and waiting while something downloads intermittently until it’s finished. A single file is ready to go once downloaded, a whole album of files might have to be uncompressed from their sigular archive file -- then they are ready to play. So much easier.

I hope people don’t just walk into court and roll over on this one. IANAL, but I think the RIAA also has to make at least a prima facia case even in a civil suit -- this means that they would have to overcome the burden of proving you don’t own something you downloaded. Otherwise it’s an obvious defense: you walk into court with a CD, or several, that they claim you infringed upon online.

Slashdot covered this under the assumption that the RIAA would go after uploaders -- which is to say, going after the persons sharing out the infringing files, and not necessarily downloading them. This is kind of weird because I actually think most of the uploading is going on overseas, although I could be wrong. We americans are just leeches -- but we all knew that already, right?

Why MAME? Because Sinistar is my god, Baby!

-- Hop-Frog



Message has 1 Reply:
  Re: Music Downloads and RIAA
 
"richard marchetti" <blueofnoon@aol.com> wrote in message news:HH43D4.C71@lugnet.com... (...) infringing (...) because I (...) could be (...) right? (...) I just put two things together: Kazaa was sued by the RIAA and found to be not liable for the (...) (21 years ago, 27-Jun-03, to lugnet.off-topic.debate)

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