RE: [dvd-discuss]Reasonable or is it a Good Faith Belief ala DMCA

[microlenz(at)earthlink.net]

On 5 Jul 2003 at 21:52, Marcia Wilbur wrote:

Date sent:      	Sat, 5 Jul 2003 21:52:40 -0700 (PDT)
From:           	Marcia Wilbur <aicra@well.com>
To:             	dvd-discuss@eon.law.harvard.edu
Subject:        	RE: [dvd-discuss]Reasonable or is it a Good Faith Belief ala 
DMCA
Send reply to:  	dvd-discuss@eon.law.harvard.edu

> 
> 
> On Sat, 5 Jul 2003, juergen + barbara wrote:
> 
> >
> > .... and that's why RIAA is filing subpoenas;  each assigned dynamic IP is
> > associated and logged with username and date/time at the ISP servers.
> >
> > Of course, the burden of proof lies then on you as the defendant.  And how
> > will you proof you are innocent?  They can haul in your PC with all the data
> > and start looking and fishing for evidence to make their case.  You can claim
> > the log file should show any activity you are accused of; but then they will
> > counter: what log file; and if the log does not show your file sharing of
> > copyrighted titles that would not proof you didn't do it!
> 
> How will you prove you are innocent? You shouldn't need to unless you are
> copying music for non commerical purposes. The Audio Home Recording Act
> makes users who copy music for non commerical purposes immune to lawsuits.
> Regardless of the fact the RIAA has brought about lawsuits, the AHRA
> protects you. So, you shouldn't have to prove you are innocent of a crime
> ... because there has been no commission.
> 
> Of course, the scenario would be different with MPAA...

Actually it should not be different for either. The MPAA and RIAA want to 
eliminate probably cause and reasonableness for "good faith" which really 
translates to technological totalitarianism. Also, if the "evidence" they 
gather is to be used for criminal prosecution in a court of law then it must 
pass all the requirements for evidence in a criminal case or this truly is the 
fruit from the poisoned tree.

> 
> -marcia
>