Dogfather
Altitude is your friend
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join:2007-12-26
Laguna Hills, CA | How do they know what the file is?
I had assumed the RIAA were the ones doing the downloading.
If they aren't the ones doing the downloading, how do they know what the file actually is? They only know the size and the title of the file. |
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SilverSurfer
join:2007-08-19
| said by Dogfather  :If they aren't the ones doing the downloading, how do they know what the file actually is? They only know the size and the title of the file. But there is no proof that RIAA did the downloading, ergo the RIAA isn't guilty. Don't pick on the poor RIAA and convict them with zero evidence. |
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TamaraB
Question The Current Paradigm
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join:2000-11-08
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| reply to Dogfather
Keep On Chooglin |
said by Dogfather : ... how do they know what the file actually is? EXACTLY! This also goes to the very heart of the argument, and to the heart of the propaganda being floated by RIAA and MPAA.
I am going to attach a file here (if I can) called "Keep on Chooglin". It is the title of one of my favorite Credence Clearwater Revival songs. The file itself, is a jpeg image of my cat "chooglin". If I share this file via P2P with my aunt in Dallas, under the current fascist insanity, I could get a RIAA letter demanding compensation.
This is a non-issue, and a non-problem, and violates everything we thought was legal. It represents what's known as "abuse of process", itself illegal.
So is this file "legal"? Is it a copyright infringement? Answer? You MUST download it to know one way or the other.
Go for it! Her name is Tania Braveheart!
Bob
--
Motor Vessel - Tamara B.
43' Long-Range Trawler
Cape Elizebeth ME.
See her Here. |
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Dogfather
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Laguna Hills, CA
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edit:
May 14th, @01:06PM
| reply to SilverSurfer
They, like you, claim people are guilty with zero evidence.
Just as you had no evidence of the Mozilla Foundation obtaining SSN, DOB or other information for profit, the RIAA, apparently has no evidence that the files they say infringe in fact infringe. |
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jester121
join:2003-08-09
Lake Zurich, IL
·ViaTalk
| reply to TamaraB
Errr.. that's not how P2P works. You can name the file whatever you want, but it's the MD5 hash created from the file that matches up peers. If the RIAA find a particular hash shared then it doesn't matter what the file is named if what's inside is their music.
This is basically the same argument with the .torrent search sites, they aren't hosting any video or audio files; all they have is pointers TO the actual goods.
(note -- just pointing this out for clarity sake, I don't care much one way or another about P2P, so if anyone wants to argue minutiae you can argue alone.)  |
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TamaraB
Question The Current Paradigm
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join:2000-11-08
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| said by jester121 :Errr.. that's not how P2P works. You can name the file whatever you want, but it's the MD5 hash created from the file that matches up peers. So? The only way to verify the MD5 hash is to download the file, and check the MD5 checksum. Meaning? You, the MPAA in this case, must download, and in the process make the file available to others. This activity, nullifies all your claims of copyright infringement. YOU, the copyright holder, have made the file available. Seems like a legal conundrum to me!
Bob
--
Motor Vessel - Tamara B.
43' Long-Range Trawler
Cape Elizebeth ME.
See her Here. |
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KrK
Heavy Artillery For The Little Guy
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join:2000-01-17
Tulsa, OK
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| reply to Dogfather
Right. Let's say I put a file on up on P2P called "Coming in the Air Tonight.mp3"
BayTSP or MediaJoke or whatever flags it... assuming it's Phil Collins track with the same title.
The DMCA sends a takedown notice and a lawsuit settlement extortion.
Then, in a just world, I'd have a ton of money for lawyers, and so would counter-sue and fight them in court, and if Justice was served, I'd win big punitive damages against them and an injunction to shut them down from doing this again to other people. (Yes, I know, dreaming of justice and money... )
You see, because my MP3 was actually a recording of my backyard at dusk with the sun going down and the crickets and critters singing their tunes.
--
"Regulatory capitalism is when companies invest in lawyers, lobbyists, and politicians, instead of plant, people, and customer service." - former FCC Chairman William Kennard (A real FCC Chairman, unlike the current Corporate Spokesperson in the job!) |
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ross
join:2000-08-16
·Digizip
| reply to TamaraB
said by TamaraB :said by jester121 :Errr.. that's not how P2P works. You can name the file whatever you want, but it's the MD5 hash created from the file that matches up peers. So? The only way to verify the MD5 hash is to download the file, and check the MD5 checksum. Meaning? You, the MPAA in this case, must download, and in the process make the file available to others. This activity, nullifies all your claims of copyright infringement. YOU, the copyright holder, have made the file available. Seems like a legal conundrum to me! Bob I like your thinking, but the RIAA and MPAA strike me as the leechy type; no upload for you... |
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TamaraB
Question The Current Paradigm
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join:2000-11-08
Underway
·Verizon Online DSL
| said by ross : ... no upload for you... Being an OLD Fart, I have collected and paid for my music many times over. Take the song I referenced above, "Keep on Chooglin". I BOUGHT it on 33RPM records years ago. Then, when the record became badly scratched, I BOUGHT it again on 45RPM records. Then, when it too became scratched, I BOUGHT it yet again on Cassette tape. When the Tape got eaten by the player, I BOUGHT it yet again on CD. I then lost the CD, so I downloaded the album via P2P. Hell! I PAID for it 4 times! All I did in downloading it was to overcome the manufacture defects in their media. Am I a criminal? Or are the Music Moguls rip-off criminals? After PAYING for it 4 times, don't I have a right to have a good copy of the piece?
Bob
--
Motor Vessel - Tamara B.
43' Long-Range Trawler
Cape Elizebeth ME.
See her Here. |
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ross
join:2000-08-16
·Digizip
| Aside from the fact you appear to be just a little bit careless with your musical possessions, in a reasonable world one would expect a 40 year old song to be free for the asking, if for non-commercial use, whether you paid for it four times, or not. So, fork the 10K fine, and keep on chooglin'... |
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SilverSurfer
join:2007-08-19
| reply to Dogfather
said by Dogfather :They, like you, claim people are guilty with zero evidence. And "they," like you, are convicting the much victimized RIAA without any proof whatsoever. Don't look now but you just stepped into a steaming pile of hypocrisy. |
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Dogfather
Altitude is your friend
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Laguna Hills, CA
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edit:
May 14th, @05:43PM
| LOL, wrong again McCarthy.
I did no such thing. You need to actually READ threads before posting.
Other articles state the RIAA admitted they downloaded the files while the court ruled that just because the RIAA downloaded them doesn't mean anyone else did. The court ruled that hosting the files in itself isn't infringement. Someone has to actually download them and the court said the copyright holder can't (apparently) infringe on his own work by downloading it. So the subpoenas for user info were denied because the RIAA couldn't prove that anyone else downloaded the files.
But thanks for stalking. It's been a hoot. |
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