The Cartel Lawyers are up to their old games folks
http://recordingindustryvspeople.blogspot.com/2006/09/preclusion-motion-filed-in-umg-v.htmlIn UMG v. Lindor, the defendant Marie Lindor has made a motion to preclude the RIAA from introducing into the case songs as to which it has failed to produce the song files. Ms. Lindor's lawyers submitted to the Court the RIAA's interrogatory responses where the record companies had stated under oath that their case was based upon (a) Media Sentry's detection of song files being 'distributed' and (b) Media Sentry's allegedly making "perfect digital copies" of those files. Ms. Lindor's attorneys argued that the RIAA cannot prove that it made perfect digital copies of the songs if it doesn't have the song files.
It seems that the claim the RIAA are making is that the person they have issued a lawsuit against has made a "perfect digital copy" and further distributed the said copy, of course the defence has asked for proof of the origins of the so-called "Perfect Copy" (an mp3 is not a perfect copy of a CD recording so the usage of this term is highly questionable) and proof the copy was distributed to a second party, its strongly suspected that they can prove neither.
This of course still leaves open the clear lack of proof as to who was operating the machine at the time, this is yet another facet that many folks miss out in defending against these frivolous and vexatious lawsuits
I notice April who used to take care of the TSC room has posted there too.
Unless you can connect to me and actually download said file and produce it is evidence of me actually sharing that file, how can you claim I actually did it and prove it? I could appear to be sharing a file and not actually be sharing anything at all.
I give this little utility made by a friend as proof that it can be done: http://www.appsapps.info/tsc_classic/projects/0of0/
There are all kinds of other ways to do this without plugins, such as the sharing from a CD trick where you let the hashlist be created by sharing a CD of mp3 files and when it's finished you remove the CD from the drive and not refresh the library of shared files. The list will still show you as sharing them but nobody can download them from you because in reality you are sharing nothing.
And in the case of multi-source downloading, you have to prove that it was actually me that you connected to and got the file from.
Getting it from someone else on a multi-source doesn't make me guilty of anything. And in fact would be you guilty of deliberately suing the wrong person.
When you accuse someone of something, you have to present proof of it, otherwise it is assumed they didn't do it.
Innocent until proven guilty means you have to prove someone is guilty.
# posted by App : 7:56 PM
In a civil case the burden of proof is not the same as in a criminal matter, it need only be proved that something is true "on probability" to have judgement made against you, the Cartel lawyers always pick poor or young/old victims who will not be able to raise any funds to pay for good lawyers to defend themselves.
I shall enjoy watching the Cartel lawyers squirm their way out of this one.
