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SeVere

join:2001-01-06
Chicago, IL


reply to ctceo
Re: From Music to Movies

Just to be a devil's advocate here, seeing a file with the name of an unreleased movie in a shared folder, would be probable cause. Probable cause is the belief to a reasonable person that a crime has or is occurring or is about to occur. I being reasonable, if the law says an unreleased movie in a shared folder on a p2p program is a felony, then a person seeing a file named after an unreleased film in a p2p, would believe that file to be the unreleased movie, hence probable cause. It is not a finding of guilt, but would be probable cause. Just like having a big bag of flour packaged like a kilo that says Cocaine on it would be probable cause.


ctceo
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join:2001-04-26
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What if that file is named so, for example if I'm at home or school working on an essay, debacle, report, summary, or other form of educational document, maybe even a parody film, and I decided to name it the films name just because it was easy to remember? What if I'm preparing to write this essay and have pre-screening tickets (which I often get), and am going to get to see and review the movie before it's release, and share with other people my review of the screening using p2p? What if I'm just compiling a list of Upcoming movies, and for review sake, I'm making it a video review?


SeVere

join:2001-01-06
Chicago, IL

Well, if it were only a list it would be a kind of text file and not a video file. Same with the review. A reasonable person working on a parody film, would not share it via p2p because they are concerned about finishing the film without their idea being hijacked and someone else finishing the work before they do. Therefore, all of your concerns would not diminish the probable cause that existed. Any of your issues would be made issues at a later court hearing and not diminish any probable cause that existed. To be a devil's advocate again, what if I was a baker, and I loved to carry my flour packaged like a kilogram of cocaine and labled it cocaine, because i found it funny and amusing. Would that diminish probable cause? The answer is no.
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