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1.  

   Intent to Distribute

   

   Anonymous Coward, Aug 13th, 2003 @ 1:28am

   
   

   While I root for the plaintiff, I'm afraid Mike is right if criminal laws are used as a precedent. INTENT to distribute will land you in jail as fast as actually distributing heroin. However, I don't think this is a slam dunk since some judges have said there really can't be precendent when it comes to new technology.

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2.  

   No Subject Given

   

   Ed Halley, Aug 13th, 2003 @ 7:11am

   
   

   I don't bother with music trading-- I respect the licensing arrangements of copyrighted materials, and even if I didn't, it would cheapen the meaning of music for me.
   
   However, answer this? Aren't most music trading systems set up (by default or by convention) such that any file uploaded to a node becomes immediately available for download to other nodes? So I'm sharing some of the mp3 cuts from my folk music session at my own studio, when some lamer "gives" me a copy of Wall-O-Noiz-Harlot's latest best-selling candypop single. Did I even have the intent to share any illicit tripe that ends up on my node?

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3.  

   funny...

   

   Anonymous Coward, Aug 13th, 2003 @ 7:59am

   
   

   ... how with all this happening with the RIAA suing end users and forcing ISPs to hand over names and what not, Broadband Providers such as Comcast are still advertising "Download Music Faster" as part of their cable modem marketing.

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4.  

   No Subject Given

   

   bastard sam, Aug 13th, 2003 @ 8:44am

   
   

   Honestly, I don't know if intent is enough. And even if it was, just because it's there doesn't necessarily mean intent. It gets real sticky. I think this guy just might have a chance, if he could prove he did not intend to trade. For example, if you attempt to download it and for whatever reason, it was not possible, due to firewall, or what not.

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5.  

   Re: No Subject Given

   

   James, Aug 13th, 2003 @ 11:01am

   
   

   You are correct in the sense that by default most P2P programs automatically import new music. So if a users was to copy a cd to their computer just for listening, unknowingly those files can become shared. Therefore, this case might stand a bleek chance.

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6.  

   What about this argument

   

   D, Nov 18th, 2003 @ 1:17am

   
   

   How can the RIAA not only prove that he distributed the file, but how can they prove that it was the file? In essence just because I have a file that i am sharing called "Eminem - My name is", doesn't mean that it is really that file at all so they couldn't prove it was unless they downloaded it and played it in court!!!!!!!

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