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Originally Posted by RawAlex
You need to read up a little more on the case. The defendants lawyer succeeded in getting the RIAA's proof of ownership for the 1700+ songs i question tossed out, which would have meant a very long trial, as each song or group of songs would have required different expert testimony, and would potentially have lead to discovery motions on all of the contracts that grant the rights to the record companies and the RIAA. As a result, they select 24 songs that were accepted as "owned", and moved forward. Considering the net result of $220,000 dollars, there is no reason to think that any more songs would have been needed to make the point.
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ok that is only 1700 of the 21,000 she admitted to sharing so what about the rest.
The RIAA chose to not go after her for the songs she could prove she owned BEFORE she downloaded the songs as well.
They did the same thing in the case of "Cecilia Gonzalez" only targeting her for the 30 songs out 1300 that she did not own.
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Key in this case: Having the files in the Kazaa "shared" folder is enough to prove intent to distribute. Likewise, having files "seeded" on a torrent program would likely be more than enough as well.
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again if that were true then she would have been convicted for a lot more violations
since the RIAA specifically choose to exclude songs that she owned from the ruling thereby limiting the scope only to songs she did not buy a right to.
having files "you have never owned" in your Kazaa shared folder is enough to prove intent to distribute, which is exactly the point i have repeatedly made.
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Important too: Just because the end user(s) are found guilty doesn't in any way limit Kazaa's liability. There is nothing in the judgement that I can see that would say that.
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well considering that the case ignored the circumstance where you the person owned some rights to the music (by choice by the RIAA) and didn't target Kazaa that makes sense
The point is you are pointing to the case and arguing that it INCREASES their liablity which is equally false.