I unfortunately feel that the idea of watching the country devolve from the outside is a much more favorable position than the one that i'm in right now. I am glad I have been able to learn a bit of dutch, german, and spanish and will be leaving for other countries as soon as I get done with my federally funded education.:)
If anyone has a record of the site Anywhere could they please email, or host so that it can be viewed by the community if this falls into obscurity through lack of evidence then nothing will ever get done.
PLEASE
I get tired of listening to the EULA agreement argument, Either point me in the direction of the Program/Cache of the website or please quote the EULA to somewhere so that it can be viewed and reviewed.
Curses being at work or I would have done this when I first saw it and it was still up.
Looking forward to information.
If in a lot of cases they are doing it but it is unproven without first investigating the actions, Then the RIAA should be sending a lot more bills and a lot less court orders in order to gain the evidence.
Initially reacted with perhaps a bit extreme, then remembered the argument about Internet Radio and the Sound Exchange, As posted on slashdot
New Royalty Rates Could Kill Internet Radio = http://yro.slashdot.org/article.pl?sid=07/03/04/09 30245
Check related articles,
And the one that made me laugh
The SoundExchange Billion Dollar Administrative Fee = http://politics.slashdot.org/article.pl?sid=07/06/ 09/1651202 Internet radio is getting shafted from the perspective of myself, will have onerous fines imposed upon it and is being singled out because it is not as well established of a business as your typical am/fm radio. Who pay flat rates of x for all rights rather than a per song basis. This flat rate was negotiated as an exception to the performance cost and was granted as a form of free advertisement, endorsed in some by the Industry and in part governmentally. These exceptions having been granted either need to be consistent across the industry regardless of medium or need to be rethought to bring inline with other distribution characteristics of entertainment---> read T.V. (for example of rest of industry http://slashdot.org/article.pl?sid=07/03/10/135823 5
P.S. I can't wait for technologically literate people to begin staffing the govermental/policy positions.
I am perhaps confused about the burden of proof required to obtain the identity of John Doe. Files were reasonably publicly available, There was no claims of copyright infringement. "No actual copyright infringement on the part of the individual users of Boston University's internet services whose identities are sought has been alleged by plaintiffs." It is up the court to decide if by allowing access in whatever form it was in they are culpable for any actions taken on the information contained within the music files. IMHO The identities of the John Does should be immaterial until such time as the court decides on the intent of the location of the materials. At that time if the materials were actively placed in a area to infringe copyright explicitly then personal information would be released and the civil/excessive fines would commence. The idea of throwing out the entirety of the suit is perhaps a bit over sweeping. I understand that their intent is to set a strong precedent of a high burden of proof on that of the RIAA, and to limit/define the abilities of the RIAA to sue in civil court for public access. The laws that regulate the protection of the public and protected classes for controlled substances is reflected in laws that state what is considered negligence and irresponsible actions to endanger others and thusly bring the party into the suit. Music does not present the same bodily harm that any restricted material does however on the internet/data networks it's defining line of negligence and irresponsibility has yet to be defined.
Is their a way for the courts to protect the identities of the John Doe until such time as a precedent or ruling is set for the level at which a private person will be held responsible for their access to information that is copyrighted.
Slashdot Mirror
I unfortunately feel that the idea of watching the country devolve from the outside is a much more favorable position than the one that i'm in right now. I am glad I have been able to learn a bit of dutch, german, and spanish and will be leaving for other countries as soon as I get done with my federally funded education. :)
If anyone has a record of the site Anywhere could they please email, or host so that it can be viewed by the community if this falls into obscurity through lack of evidence then nothing will ever get done. PLEASE
I get tired of listening to the EULA agreement argument, Either point me in the direction of the Program/Cache of the website or please quote the EULA to somewhere so that it can be viewed and reviewed. Curses being at work or I would have done this when I first saw it and it was still up. Looking forward to information.
If in a lot of cases they are doing it but it is unproven without first investigating the actions, Then the RIAA should be sending a lot more bills and a lot less court orders in order to gain the evidence.
Initially reacted with perhaps a bit extreme, then remembered the argument about Internet Radio and the Sound Exchange, As posted on slashdot9 30245/ 09/16512023 5
New Royalty Rates Could Kill Internet Radio = http://yro.slashdot.org/article.pl?sid=07/03/04/0
Check related articles,
And the one that made me laugh
The SoundExchange Billion Dollar Administrative Fee = http://politics.slashdot.org/article.pl?sid=07/06
Internet radio is getting shafted from the perspective of myself, will have onerous fines imposed upon it and is being singled out because it is not as well established of a business as your typical am/fm radio. Who pay flat rates of x for all rights rather than a per song basis. This flat rate was negotiated as an exception to the performance cost and was granted as a form of free advertisement, endorsed in some by the Industry and in part governmentally. These exceptions having been granted either need to be consistent across the industry regardless of medium or need to be rethought to bring inline with other distribution characteristics of entertainment---> read T.V. (for example of rest of industry http://slashdot.org/article.pl?sid=07/03/10/13582
P.S. I can't wait for technologically literate people to begin staffing the govermental/policy positions.
I am perhaps confused about the burden of proof required to obtain the identity of John Doe. Files were reasonably publicly available, There was no claims of copyright infringement. "No actual copyright infringement on the part of the individual users of Boston University's internet services whose identities are sought has been alleged by plaintiffs."
It is up the court to decide if by allowing access in whatever form it was in they are culpable for any actions taken on the information contained within the music files. IMHO The identities of the John Does should be immaterial until such time as the court decides on the intent of the location of the materials. At that time if the materials were actively placed in a area to infringe copyright explicitly then personal information would be released and the civil/excessive fines would commence. The idea of throwing out the entirety of the suit is perhaps a bit over sweeping. I understand that their intent is to set a strong precedent of a high burden of proof on that of the RIAA, and to limit/define the abilities of the RIAA to sue in civil court for public access.
The laws that regulate the protection of the public and protected classes for controlled substances is reflected in laws that state what is considered negligence and irresponsible actions to endanger others and thusly bring the party into the suit. Music does not present the same bodily harm that any restricted material does however on the internet/data networks it's defining line of negligence and irresponsibility has yet to be defined.
Is their a way for the courts to protect the identities of the John Doe until such time as a precedent or ruling is set for the level at which a private person will be held responsible for their access to information that is copyrighted.
Jacob