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Appeals Court Knocks Out "Innocent Infringement"
NewYorkCountryLawyer writes "A 3-judge panel of the US Court of Appeals for the 5th Circuit has ruled that a Texas teenager was not entitled to invoke the innocent infringement defense in an RIAA file-sharing case where she had admittedly made unauthorized downloads of all of the 16 song files in question, and had not disputed that she had 'access' to the CD versions of the songs which bore copyright notices. The 11-page decision (PDF) handed down in Maverick Recording v. Harper seems to equate 'access' with the mere fact that CDs on sale in stores had copyright notices, and that she was free to go to such stores. In my opinion, however, that is not the type of access contemplated in the statute, as the reference to 'access' in the statute was intended to obviate the 'innocence' defense where the copy reproduced bore a copyright notice. The court also held that the 'making available' issue was irrelevant to the appeal, and that the constitutional argument as to excessiveness of damages had not been preserved for appeal."
This post is insulting to me as a Canadian, and really showcases the insulated mind-set of Americans. Canada produces a LOT of really great music. Probably half of my music collection is by Canadian artists. Just because you are completely oblivious of other cultures or the origin of the music you listen to, doesn't make everything made by Americans.
You know, it's easy to hate on Texas because they do some dumb shit. It's just as easy to hate on Californians because we do some dumb shit (see our DMV for example, or Hollywood in general), though usually on the other side of the spectrum. It's all well and good to say that we should give Texas the boot from the union because they are so ignorant and extremist. But while we're at it, I propose we kick my own state, California, out as well, because we are populated by a bunch of unicorn-fart huffing idiots that think the world runs on happiness and tulips.
While we're at it, I say we kick most of the South out because half of them act like they never even finished high school. I say we kick New York out because those folk are a whole kind of crazy in and of themselves. I say we throw Utah out because their Mormon agenda makes Bush's idiocy seem like enlightened brilliance. I say we kick Hawaii out because they are more like Indonesia anyways....and so on.
Don't get me wrong, Texas's justice systems seems to have its head half way up its ass and turned sideways. But just because there is a very vocal, and powerful, minority doesn't mean that the whole state should pay. When it comes down to it, just about everyone in America has a few screws loose in the head. The only difference is that some folk have better screws loose than others. So rather than proposing we kick a member state out just because they are a different kind of crazy, how's about we roll up our sleeves and just work harder to improve it?
And for the record, I know you were speaking tongue in cheek. But let's face it, the cool thing about this country is that we can have two bat-shit insane states like California and Texas coexist peacefully without constantly waging turf wars with each other over Arizona and New Mexico.
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And yet boys never call me back. :(
*In my best Benderesque voice:*
Heya baby, wanna destroy all humans?
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