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Judge Rules Shared Files Folder Not Enough

Posted by Zonk on from the you-actually-have-to-commit-a-crime-to-be-punished dept.

NewYorkCountryLawyer writes "In UMG v. Lindor, Judge David G. Trager rejected Ms. Lindor's objection to a Magistrate's Report, in which Ms. Lindor complained that the Report could be read to imply that 'the mere presence of a shared files folder on an individual's computer would ... satisfy the requirements of 17 USC 106(3)', saying that the Report of Magistrate Robert M. Levy could not be so read, since '[t]he report and recommendation does not comment on whether or not the mere presence of a shared files folder satisfies 17 USC 106(3). Instead, it makes clear that plaintiffs will have the burden of proving actual sharing. [Report and Recommendation, at 5] ('At trial, plaintiffs will have the burden of proving by a preponderance of the evidence that defendant did indeed infringe plaintiff's copyrights by convincing the fact-finder, based on the evidence plaintiffs have gathered, that defendant actually shared sound files belonging to plaintiffs.') (emphasis added)'"

1 of 156 comments (clear)

  1. Re:Makes sense... by DECS · · Score: 0, Flamebait

    Except that's file shares don't work like copiers. If I put files in a shared folder, it's not a book in a copier, but a system designed to create copies and distribute them to anyone who posts a request.

    My system copies the data and sends it to other parties, or even multiple parties simultaneously. Just because my computer is doing the copy and distrubute work doesn't mean I bear no responsiblity. If I programmed a robot to shoot anyone entering my yard, I would eventually be guilty of murder. I couldn't pin it on an independant system.

    So no, it isn't a copier that others help themselves to, its a system that happily copies and distributes content. If I feed content owned by other people into my magic file share, I know what the result will be, and I know that I'm perpetrating theft.

    What people "seem to misunderstand" is that creating a fanciful story intended to absolve them of responsibilty for their own actions does not actually work in the real world.

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