You've made it a little too simple.
I expect that prosecution would be conducted similar to the way the DMCA is
currently handled. You can't just go to a webmaster and say "x is using
copyrighted material without permission." They have to make a statement
under perjury what the exact material is that's violating the act and state
under perjury that they are the owners of copyright and that permission was
never granted for the reuse of the material. The affected user then has the
right to challenge the assertion by stating that either the material is
covered by fair use or that they have proof the material is not copyrighted.
At that point it's up to the original complainer whether to sue or not. The
Church of $cientology has become VERY good at using/abusing the DMCA, if you
take a look at http://www.chillingeffects.org. :-)
The individual publisher (not the RIAA unless RIAA represents the publisher)
is going to have to go before a court and state, "on x date at x time, we
saw that Mr. User was sharing x file, which was inspected and found to be an
MP3 of a song that was copyrighted by our client. Mr. User was not granted
permission to share the song; Mr. User is therefore liable to us for x
dollars per download." They can't just walk into a courtroom and say, "Hey,
Mr. User here is sharing copyrighted files, make him pay NOW." There is a
detailed burden of proof involved.
The unfortunate part is that should the RIAA get overzealous in their
prosecution (which it seems like they're doing), a lot of innocent people
are going to wind up having to sell their children to pay for lawyers
because they sent a picture of their family to someone over Kazaa or
somesuch.
SWB
----- Original Message -----
From: "bpreece1" <bpreece1@tampabay.rr.com>
To: <slug@nks.net>
Sent: Thursday, July 17, 2003 8:18 PM
Subject: Re: [SLUG] Jailing the Pirates
> If you read closely there is something more of a problem here.
> Even if you use the Kazaa and Morpheus even exchanging pdf's gifs anything
> non MP3 or Movies they still want to persue legal action.
> What gives these morons that right to even stop that all together?
>
> I think that the registered voters need to come out and say enough. We
have
> more serious problems lack of jobs and failing economy.
> I wonder how these idiots will ike it when there own kids get busted for
> this crap.
>
> Also with prison over crowding how is this going to impact that as well >?
> Guess these idiots dont even think.
>
> Bill Preece
>
> ----- Original Message -----
> From: "Frank Roberts - SOTL" <sotl155360@earthlink.net>
> To: "Slug" <slug@nks.net>
> Sent: Thursday, July 17, 2003 7:49 PM
> Subject: [SLUG] Jailing the Pirates
>
>
> > http://www.washingtonpost.com/wp-dyn/articles/A4876-2003Jul17.html
>
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