At 09:11 PM 7/17/2003 -0400, swbuehler@yahoo.com wrote:
>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
Actually, you can shut someone down using DMCA without even going to court
first. If the supposed copyright owner goes upstream from the
'user/abuser' of the copyrighted material, they can have their connection
suspended first then ask questions. This steams from making the ISPs
liable for the copyright infringement as well as the 'user/abuser'.
VT
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