MPAA Says It Doesn’t Need Evidence to Convict Pirates

Written by Ernesto on June 21, 2008 

Only a few weeks ago, a University of Washington study showed showed how inaccurate the MPAA and RIAA’s evidence gathering techniques are. Now, instead of improving their pirate chasing tactics, the MPAA simply claims they don’t need any evidence to bankrupt “alleged” copyright infringers.

mpaaThreat Level reports that the MPAA now argues that it has the right to demand up to $150,000 in damages per illegally downloaded file, without having to proof that someone actually downloaded that file.

Yes we know, this doesn’t make sense at all. Luckily, MPAA lawyer Marie van Uitert explains why copyright holders should be able to claim thousands of dollars without having to proove that a copyright infringement actually took place. In a brief submitted this Friday, as part of the ongoing “making available” debate in the Jammie Thomas case, Van Uitert writes:

“It is often very difficult, and in some cases, impossible, to provide such direct proof when confronting modern forms of copyright infringement, whether over P2P networks or otherwise; understandably, copyright infringers typically do not keep records of infringement.”

So, the MPAA is basically saying that is is too hard to come up with solid evidence, and because of this, they should not have to proove anything. Makes perfect sense doesn’t it? The MPAA wrote the brief in response to a request from a federal Judge last month, who called for a briefing on the claim that having files stored in “shared folders” infringes copyright.

The MPAA of course argues that keeping files in a “shared folder” does equal distribution, and they also make the argument that filesharers authorize others to download these files. Luckily there were also briefs submitted by the EFF, and several professors who argued against this. It is now up to the Judge to decide who’s right and wrong.

Previously: IsoHunt adds 10.000 Free and Legal Albums

Next: The Pirate Bay Pledges ISPs to Block Sweden

98 Responses

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1 Jun 21, 2008 at 16:30 by anon

That’s just stupid

2 Jun 21, 2008 at 16:33 by :/

Ridiculous.

Glad I don’t live in that retarded country that was once the land of the free.

3 Jun 21, 2008 at 16:34 by Anonymous

People need to start to be more active over things like this.

4 Jun 21, 2008 at 16:34 by Anonymous

he he, at least they aren’t pretending copyright infringment isn’t just a civil matter, like they usually do.

5 Jun 21, 2008 at 16:35 by Anonymous

“that was once the land of the free”

It is still the land of the free…

Only if people to things. You are not free unless you vote, be active, take action. If you just sit there, as most file-sharers in the U.S. do, of course you’re not going to be free.

6 Jun 21, 2008 at 16:36 by Anonymous

“that was once the land of the free”

It is still the land of the free…

Only if people to things. You are not free unless you vote, be active, take action. If you just sit there, as most file-sharers in the U.S. do, of course you’re not going to be free.

7 Jun 21, 2008 at 16:38 by skakidd

can someone like mr. suitcase who is distributing their work please sue the mpaa for copyright infringement on the grounds that they are connected to the internet and therefore must be filesharing illegally. actually i might send off a couple C&D’s.

8 Jun 21, 2008 at 16:53 by Anonymous

lol someone spoof an RIAA computer just like they spoofed those printers to commit copyright infringment.

9 Jun 21, 2008 at 16:59 by Antihypnotic!

Fuck’ Em!

They want to squeeze the last cents out of their ’sounbelievablygreat(readSTUPID)lightyearsawayfromarts’ movies??

NO WAY MAFIAA! WE WILL RECLAIM OUR FREEDOM! PEOPLE ARE GETTING TO THEIR SENSES AND WILL FIGHT AGAINST YOUR FOOLISH POLICIES! LONG LIVE TPB & co.!

10 Jun 21, 2008 at 17:00 by r0ck

Everybody just wave goodbye … don’t even bother to get upset by this. It’s their last trip anyway.

11 Jun 21, 2008 at 17:06 by bertie gibbons

Donate to the EFF - NOW!

12 Jun 21, 2008 at 17:13 by Scott

“So, the MPAA is basically saying that is is too hard to come up with solid evidence, and because of this, they should not have to proove anything.”

Proove = prove

13 Jun 21, 2008 at 17:19 by Anonymous

We don’t even need the MPAA for that matter.

14 Jun 21, 2008 at 17:25 by hmm

why doesn’t this biased TorrentFreak report news considering the Cubas thing? TF personal says they make news anything close to torrenting, AND IT IS!

torrent protocol is outdated anyway

15 Jun 21, 2008 at 17:45 by Crynsos

Luckily we don’t use shared folders as torrent users, but that’s the only “good” part about this news…

The fact that the MPAA can now practically do anything they want is totally pointless and crazy… that can’t be let going, they could sue anyone for uploading whatever they say, just to get their cash, because they are too dumb to sell their stuff properly in today’s world…

Do they think, they are god or what?

16 Jun 21, 2008 at 17:45 by Anonymous

that is one of the funnest things i have heard in a while. they dont need proof to convict us, yeah like that would roll over in court very well.
i could just see it now, well do you have any prove mr. whatever

actually we dont, its too hard for us to find it, lol

rofl

17 Jun 21, 2008 at 17:48 by andyness

If that is so, why cant some filesharers sue the MPAA for filesharing? We obv dont need proof…

18 Jun 21, 2008 at 18:08 by web design company

What makes them so special?

19 Jun 21, 2008 at 18:11 by US Legal Court System

I ain’t havin’ this shit in MY room. Fuck you, bitches. You need some damn evidence if you want to win, assfaces. You think you going to get a conviction without proof, you go shove a shiv up ya sphincter.

20 Jun 21, 2008 at 18:21 by Joe

TorrentFreak needs to start posting stuff that the average joe can do about this stuff.
Do we gotta write letters, send off angry emails, what?

This is one of the most absurd things I’ve ever seen.

21 Jun 21, 2008 at 18:29 by www.eZee.se

One of the best responses to this that i have read on wired has to be:

“Then by this reasoning I can sue my wife for divorce due to adultery… she may have not actually done the deed but she does have the equipment to do it.”

LOL, that really cracked me up and i really dont think anyone can summerize it better.

Cheers!
http://www.eZee.se - copyright is copyWRONG

22 Jun 21, 2008 at 18:41 by TehStalker

ROFL!!!

EPIC FAIL!

23 Jun 21, 2008 at 18:45 by Gargamel

Why are you people so surprised this is happening in the U.S?

As for the ‘Land of the Free’ RATM comes to mind.

“What?! The land of the free? Whoever told you that is your enemy!”

24 Jun 21, 2008 at 18:50 by Rikard

I think they are brilliant;-)

But, I also think they are corrupting justice, paying off politicians to pass draconian IP laws, bribing the police and judges etc.

I have no evidence of this (OK, there is some evidence piling up in the TPB case, but apart from that none), of course. But such evidence is very hard to produce, so why should I have to?

25 Jun 21, 2008 at 18:53 by ace hall

i felt strongly about this, but not actually strong enough to do something about it.

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