[ NNSquad ] Re: RIAA to stop suing file-sharers, will work with ISPs to cut off repeat offenders

[Wes Felter <wesley@felter.org>]

On Dec 20, 2008, at 1:56 PM, James S. Huggins wrote:

> Ccurrently the RIAA sues you if it finds copies on your PC
>
> However, it is generally not a violation of the terms of service of  
> any
> access provider to have illegal content on your PC.
>
> How will they establish that you used THAT PARTICULAR provider to  
> obtain the
> illegal copies, as opposed to say, sharing them via a CD with a buddy?

You're misunderstanding the "making available" theory. The RIAA sues  
people who are *sharing* music, not people who are downloading music;  
they don't care how the music got onto your computer (that could have  
been legal or illegal). It's easy enough to show that a particular IP  
address (which is tied to the ISP) was sharing a particular song at a  
particular time.

(Lawyers and copyright scholars argue about whether the "making  
available" theory is legitimate, but that's the theory the RIAA is  
using.)

Wes Felter - wesley@felter.org - http://felter.org/wesley/