Jeff_B
Premium
join:2000-09-24
Brick, NJ
| Yeah right
quote:
Jane Doe, according to the papers filed in court, was a Kazaa user but tried to prevent other people from accessing files on her computer and used the Kazaa file-swapping software as a music player largely to listen to songs she had ripped from her own CDs
It is good to see someone standing up for themselves but good luck with that defense. |
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Archivis
Your Daddy
Premium
join:2001-11-26
Earth
 ·Verizon FIOS
| Good luck proving otherwise. I'll admit that if you didn't use Kazaa for filesharing that it still has a good file-manager/media player if you're not sharing it.
The defense might work since they'd have to prove that she willingly shared her files. Doesn't kazaa automaticly share files by default?
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The Internet Hitman | TIHM chat | Going Against the Grind |
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Jeff_B
Premium
join:2000-09-24
Brick, NJ | I can't remember if the official version of Kazaa shares by default. I use Kazaa Lite and the version I have disables sharing by default. |
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Bowersdmstec
join:2001-02-02
Washington, IL | Thats weird, every version of K Lite that I have used sets my upload to 3 uploads at the same time by default.
Whiteice |
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DenverDialup
join:2003-06-06
Littleton, CO
clubs: | I think every version of Kazaa or Kazaa Lite shares the contents of "My Shared Folder" by default, unless you turn it off (as I have done)... |
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Jeff_B
Premium
join:2000-09-24
Brick, NJ | reply to Bowersdmstec
Yes you are right. I just checked with a clean install. It has been a while since I installed it. |
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Transmaster
Don't Blame Me I Voted For Bill and Opus
join:2001-06-20
Cheyenne, WY
 ·Qwest.net
|  reply to Jeff_B
I can see one of the reasons why this person doesn't want her name released. This is one of the lamest excuses I have ever heard. Yes Kazaa does not share your files by default you have to let it scan your files, very dangerous if you don't have your exclusions set. but with all of the free players out their, Winamp, db poweramp, etc, etc this story just does not wash. She would have been better off batting her teeny-bopper eyes and crying, I didn't know, I didn't know....... Lord voldemort is controlling me by an imperious curse.
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low Brass Rules!
Irish Terriers do to!!!
[text was edited by author 2003-08-23 11:06:27] |
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runlevelfour
join:2002-06-12
USA
| Weak defense
Im really questioning the defense shes using......the RIAAs lawyers are going to rip it apart, and the courts arent going to stop them either. Her defense essentially equates to "your honor I didnt know I was sharing" at which the RIAAs attorneys will state "why did she use a filesharing program then?" I have a tough time believing this case will even make the RIAAs team of crack attorneys even blush. |
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Omega
Displaced Ohioan
Premium
join:2002-07-30
Cheyenne, WY
clubs: | reply to Transmaster
Re: Yeah right
I agree, the defense is pretty lame. But at least someone is challenging them.
why you would use Kazaa for a media player is beyond me. |
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DataRiker
Premium
join:2002-05-19
Metairie, LA
clubs: | LEECH
"was a Kazaa user but tried to prevent other people from accessing files on her computer"
come on now lady, thats not in good spirits
www.k-lite.tk
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frankenfeet
Premium
join:2001-10-14
Smiths Grove, KY
 ·Insight VOIP
 ·Insight Communicat..
| Entirely Possible
I think that it's entirely possible that a person thats not computer savey could unknowingly share copyright material. Remember, the burden of proof is on the prosecution. She doesn't have to proof her innocents, they have to proof her guilt. Of course, I believe this is a civil matter, so the evidence doesn't have to prove "beyond a reasonable doubt". I think with the right lawyers, she could get off. It will probably never make it to trial though. I'm sure the RIAA, doesn't want to risk losing a case, so they'll work it out with some sort of settlement. Guess we'll have to wait and see though.
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"Sometimes your ahead, sometimes your behind. The race is long and in the end it's only with yourself." |
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DataRiker
Premium
join:2002-05-19
Metairie, LA
clubs: | reply to Transmaster
Re: Yeah right
"Kazaa does not share by default"
kazaa does share by default |
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SRFireside
join:2001-01-19
Houston, TX
| reply to Omega
I think the defense is as valid as any other. Just because other people would do things differently doesn't mean this person did exactly as she said. The RIAA needs to realize they cannot just arbitrarily sue someone just because they 'suspect' copyright infringement. According to the RIAA you are guilty if you have the files and they are shared mode. Doesn't matter if nobody actually downloads files from you computer. That, if you ask me, is an even lamer offense.
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Love Science Fiction? www.spacestationzoom.com |
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SRFireside
join:2001-01-19
Houston, TX
| reply to frankenfeet
Re: Entirely Possible
It's definitely true. I am having trouble keeping Kazaa Lite from sharing certain files. I tell it NOT to share certain folders but somehow I see people downloading those files. Maybe it's because I have an older version or maybe it's a fluke or setting I am not seeing, but it's entirely possible to not be at fault if basic options aren't working or you just don't know how to change them.
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Love Science Fiction? www.spacestationzoom.com |
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SRFireside
join:2001-01-19
Houston, TX
| reply to runlevelfour
Re: Weak defense
said by runlevelfour  :
..."why did she use a filesharing program then?" I have a tough time believing this case will even make the RIAAs team of crack attorneys even blush.
Downloading music apparently is not illegal since the RIAA is not even trying to take a shot at people downloading music. It's people who are sharing music they are putting all of their focus on. With that it is entirely possible and plausible to use a file trading client and not know the proper way to filter your own files. Reasonable doubt can be enough for a judge, or better yet a jury, to find in favor of Jane Doe.
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Love Science Fiction? www.spacestationzoom.com |
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DataRiker
Premium
join:2002-05-19
Metairie, LA
clubs: | RIAA
wonder how long until the RIAA trolls show up to tell us why we should pay 17.99 for cd. |
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nasadude
join:2001-10-05
Rockville, MD
·Comcast
| it's not about file sharing
jane doe isn't trying to say file sharing is legal; she is challenging the process the RIAA is using to get alleged file sharers personal information.
I am wondering if this person happens to have a lot of money or if other organizations are paying the bills. Whoever is paying, I think this is a good thing - from what I have read, there is the possibility that this particular provision of the DMCA could be overturned if challenged.
Part of the RIAA's success so far is their ability to basically overwhelm a normal person with the threat of legal action and financial ruin. In the case of the college guys that got reamed, they would have ended up paying much more in legal defense than what they settled for.
Go, Jane, Go. |
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kapil
The Kapil
join:2000-04-26
Chicago, IL
|  reply to DataRiker
Re: RIAA
We should all pay 17.99 for a CD.
We should also believe them when they say that the same toothpaste they have been selling for 35 years is, all of a sudden, NEW AND IMPROVED because their commercial says so.
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::: Do, or do not, there is no try:::»www.kapilville.com |
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kapil
The Kapil
join:2000-04-26
Chicago, IL | reply to DataRiker
Re: LEECH
I agree...downloading but not sharing is just wrong. |
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cableblows3
join:2001-06-17
Indianapolis, IN
| reply to Omega
Re: Yeah right
said by Omega :
I agree, the defense is pretty lame. But at least someone is challenging them.
why you would use Kazaa for a media player is beyond me.
maybe they don't have phonehome software like most of the others? |
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