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« Someone needs to stand up  
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Pirate515
Premium
join:2001-01-22
Brooklyn, NY

 reply to jwsmiths4
Re: Iunno

said by jwsmiths4 See Profile:

I don't think that for her case to be successful she'll have to prove that no one in her household ever engaged in online file-sharing. Really all she has to prove is that their "evidence" is not sound enough to prove that she was engaged in it, beyond a reasonable doubt.
I think you have it confused with a criminal case. If this was a criminal case, then indeed she would presumed innocent until RIAA can prove beyond a reasonable doubt that she is guilty. However, this is a civil case, and it's all a matter of whose evidence looks better to a judge or jury. So you are not off the hook that easy in civil court, if you are going to take on RIAA, you better come prepared.

On the other hand, if I happen to be on a jury on RIAA vs. someone case, my vote goes against RIAA no matter what evidence they present.
--
Ask me no questions, and I'll tell you no lies...
A MESSAGE to the RIAA and the MPAA: You shouldn't wound what you can't kill...


jwsmiths4
Part Man, Part Mac
Premium
join:2003-10-25
Savannah, GA

True, I was thinking though that the RIAA still has to accuse them of stealing specific information so it really is just a matter of making the RIAAs claims seem weaker than they already are. It isn't a crime to use KaZaa (legally at least) so it still becomes a matter of just down-playing their evidence.
--
My fiancé calls me the high-priest of Macdom. Wish Apple would open an Apple Store in Savannah so I'd have somewhere cool to work before Med-School.
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