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Half the Charges Against Pirate Bay Dropped
eldavojohn writes "Half the charges have been dropped in the second day of the trial against the Pirate Bay. The charges dropped are those relating to 'assisting copyright infringement,' so the remaining charges are simply 'assisting making available.' No information on how this affects the size of the lawsuit or a settlement."
Arguably, I make copyright infingement available by providing my daughter with a computer that can access the Internet.
If the argument is that putting a site up that points at known torrents is a crime, doesn't every media outlet in the world carrying this story run the risk of some culpability by promoting it?
M
....especially when millions of people world-wide are waiting scream "Bullsh!t" (in all forms of media) the moment the prosecution tries to submit some in court.
Up, Up, Down, Down, Left, Right, Left, Right, B, A, START
It somehow just makes me feel better about the world when the "bully" gets a face-full of 'take that' from the underdog. I hope that the rest are dropped or mitigated to a wrist slap size judgment that allows TPB to continue operations as normal.
Support NYCountryLawyer RIAA vs People
So now instead of the "making available" theory, we get to see the "assisting making available" theory.
I love how these lawyers think. If I gave a random guy in a wheelchair a push up a steep incline, and he had robbed a store sometime in the past, I would be an accessory to a crime.
Seriously, can't we just round up all of the lawyers, executives, and directors and just fucking kill them already?
Libraries provide all sorts of assistance. Why, they even have a professionals devoted to "assisting making available" -- librarians. I ask them where I can find a (copyrighted) book, and they not only tell me, but they let me borrow that (copyrighted) work!!! After that, I could either be following the law or not. How do they know I don't have a photocopier or scanner set up at home to "steal" the whole thing? What's worse, governments provide all sorts of financial assistance for libraries on the premise it is a "public good" to make these (copyrighted) materials available. They're obviously complicit in any copyright infringement that occurs.
Do the math! Next up: print publishers sue librarians and government for "assisting making available" copyrighted works.
Effectively, any search engine and the whole internet itself assists in 'making available'.
Excuse me, but please get off my Pennisetum Clandestinum, eh!
Surely the best way would be to download a torrent from The Pirate Bay in front of the Judge, leave it downloading during the trial (no intervention), and then once it was complete, show that you downloaded a copyrighted piece of material.
I suggest they go to "Porn -> Movies" for the in-trial example usage of the website.
To be honest, I would like to see how they can defend against the "assisting making available" argument, apart from the fact that this charge seems so ridiculous. They're not committing copyright infringement. They're not making the copyrighted files available. Nooo, they're just allowing people to make available themselves.
Are they the same facts, though? Suppose I'm trying to convict a burglar, I turn up in court with evidence of his burglaries, and that evidence is ruled inadequate and he is acquitted; I cannot now convict him of those burglaries, double jeopardy and all. But he's a burglar, and afterwards he carries on in that line of work. I can gather evidence on his new burglaries, and make sure it's sound this time around.
Similarly, since TPB are certainly not going to stop linking to torrents, if they are acquitted here due to technical flaws in the prosecution's evidence, then they can't be charged again over those particular torrents - but new ones are published every day, and the prosecution could try again with a different set of specific torrents, and with more complete evidence.
Real Daleks don't climb stairs - they level the building.
While I love this outcome (and the fact that it took TPB less than 24 hours to uproot the more serious charges brought against them), I'm not too happy about this approach. They're winning on technicalities, while I would have liked for them to win on principle.
While that would be grand, I'm sure they're happy to win on whatever legal theory keeps them out of prison.
Dewey, what part of this looks like authorities should be involved?
Surely the best way would be to download a torrent from The Pirate Bay in front of the Judge, leave it downloading during the trial (no intervention), and then once it was complete, show that you downloaded a copyrighted piece of material.
I suggest they go to "Porn -> Movies" for the in-trial example usage of the website.
To be honest, I would like to see how they can defend against the "assisting making available" argument, apart from the fact that this charge seems so ridiculous. They're not committing copyright infringement. They're not making the copyrighted files available. Nooo, they're just allowing people to make available themselves.
Immediately after which the lawyer defending them would create a torrent of his own of the trial's proceedings and seed it, demonstrating where the content is coming from and where it goes.
People replying to my sig annoy me. That's why I change it all the time.
Maybe the prosecution is just a show to keep the RIAA et al happy that "something" is being done.
Buckle your ROFL belt, we're in for some LOLs.
it sounds like your system has some intelligence built into it. ...pity OURS is borked, so to speak.
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"It is now safe to switch off your computer."
Despite what many people on Slashdot believe, intentionally being obtuse and missing the point is not a valid legal defense.
We support the theft of intellectual property here, right?
Actually, I support changing the law so that copyright law only governs commercial use. But simplify that to any way that makes me evil if you like.
W..w..W - Willy Waterloo washes Warren Wiggins who is washing Waldo Woo.
The RIAAs' heroes, congress, are going to get away with it! The RIAA deserves to deny software and electronics developers their rights to manufacture and sell their own IP, deny individuals their fair use and due process rights, and to strangle our tech sector to death to defend their obsolete business model.
I join the RIAA in cheering the DMCA, and hope acta will add the right for the RIAA's government stooges to steal my computer or ipod, and kick me off the internet for a year on a mere accusation.
Corporate execs who can't adapt destroying the economy and the fundamental principles of the free world. What's not to love?
VLC FOR MAC IS DYING! IF YOU DEVELOP, PLEASE SAVE IT!!
Gosh, now you screwed me as well, you insensitive clod! See, my WP user page links to my /. profile, which of course has that list of comments with links to them, and I happened to post a comment in this discussion, and the comment of course has the link to the discussion it's in... so now my WP profile - which I've authored - links to illegal content. All because of you! I'm reporting your illegal to RIAA and BSA immediately, hopefully that would help cut down my prison term by a year or two for cooperation... ~