MPAA Says It Doesn’t Need Evidence to Convict Pirates
Written by Ernesto on June 21, 2008Only 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.
Threat 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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That’s just stupid
Ridiculous.
Glad I don’t live in that retarded country that was once the land of the free.
People need to start to be more active over things like this.
he he, at least they aren’t pretending copyright infringment isn’t just a civil matter, like they usually do.
“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.
“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.
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.
lol someone spoof an RIAA computer just like they spoofed those printers to commit copyright infringment.
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.!
Everybody just wave goodbye … don’t even bother to get upset by this. It’s their last trip anyway.
Donate to the EFF - NOW!
“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
We don’t even need the MPAA for that matter.
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
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?
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
If that is so, why cant some filesharers sue the MPAA for filesharing? We obv dont need proof…
What makes them so special?
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.
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.
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
ROFL!!!
EPIC FAIL!
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!”
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?
i felt strongly about this, but not actually strong enough to do something about it.
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