May Be Getting Sued

Discussion in 'Off Topic Discussion' started by The_spacemonkey, Apr 19, 2004.

  1. The_spacemonkey

    The_spacemonkey Full Member

    Today I got two notices in the mail. One was from Comcast saying that illegal activity has been monitered on my ip, and it must decist or my cable will be cut and there will be a law suit, the other is from Fox ststing that they are pursueing litigation against me if I do not remove "Family Guy Episode 14" from my computer that I downloaded from kazaa.

    I deleted it, and removed my entire folder off that drive, but I hope I dont get screwed. Anyone else get a notification like this before from downloading something from kazaa?
     
  2. Feandil

    Feandil Full Member

    No fuck??? :eek:

    That is suprising that someone we all know had this happen :angry:


    Anyway.... Were you using Kazaa Lite? If not you should. And if I were you I'd sue the F***ing Comcast if they try to sue you.....

    I'd like to see these dumb a** "let's frighten people into giving us money" cases go to court for once.

    BTW sorry that this stupid RIAA and stuff are so gay.
     
  3. sandt38

    sandt38 Full Member

    Yes.

    Thousands of people.

    There was a commercial dedicated to it (I believe it was Pepsi) durring the Superbowl. The little 13 year old girl who was the "Star" of the commercial wound up paying $5,000 in fines and settlements for downloading Liz Phair I think it was. Certain artists have linked their music with a tracking software to monitor your downloading activity.

    This is the primary reason I stopped burning MP3s off Kaza almost a year ago.

    They will not screw around. I am not sure how they are doing it now, but I wish you the best of luck, and let us know what happens. :(
     
  4. The_spacemonkey

    The_spacemonkey Full Member

    yea its kazaa light
     
  5. Feandil

    Feandil Full Member

    Seth,
    I have yet to see a SINGLE case go to court yet and get ruled on....

    There is no reason for us to "be scared" of these RIAA-types. Every case has been settled out of court....

    The Supreme Court even ruled that it is ILLEGAL for the RIAA and others to FORCE shareware companies to give/help get IP addresses.

    I'm 99% sure that if a case of the Comcast/RIAA/etc. suing downloaders goes to court with a good defense lawyer.... we'd see what's really "illegal"

    Why not let Spacemonkey take it that far? Who knows you could be famous.... :p And rich after alls through...

    LOL

    You know what's funny? I've actually been waiting for the RIAA to come after me.... I want to sue them.... :(
    Hey spacemonky.... can you somehow pin this on me? ...... please..... :p
     
  6. The_spacemonkey

    The_spacemonkey Full Member

    Thanks man..... it blows.

    I know debating the benifits vs the downfalls of such downloading programs is quite subjective and there are planty of studies that point in both directions.... but as far as I go, I have spent LOTS more money on cd's because of Kazaa. Now I can listen and see if a cd is worth buying before buying it. Also, alot of the music I'm interested in(punk) isnt very available to listen to on places such as the radio. So If I hear about a good band, I really cant hear them to see if I like it unless I buy the CD or download it off kazaa.

    As far as the family guy thing..... Thats really my brothers stuff.
     
  7. Feandil

    Feandil Full Member

    :angry: :angry: :angry: :angry: :angry: :angry:


    God I can't wait until I get done with law school

    :angry:


    Well I'm gonna download at least 100 songs just to spite this BS :angry:
     
  8. The_spacemonkey

    The_spacemonkey Full Member

    though there is no case that they have won(as far as I know) they are willing to go as far as necessary to screw you. Recently an 85 year old woman was indicted on charges of having something like 4,000 illegal music files downloaded and uploaded from kazaa. They were bands such as Tupac, Outcast, Pantera, and Marylin Manson. She insisted she did not download them, they were not found on her computer, and yet they tried to sue her still. Finally the court threw out the case based on the fact that the only computer she owns is a Mac, which Kazaa is not supported on.

    The RIAA would not leavt it at that, have filed for an appeal I believe and they were quoted saying they will take this as far as they can to get "justice"
     
  9. Feandil

    Feandil Full Member

    though there is no case that they have won(as far as I know) they are willing to go as far as necessary to screw you. Recently an 85 year old woman was indicted on charges of having something like 4,000 illegal music files downloaded and uploaded from kazaa. They were bands such as Tupac, Outcast, Pantera, and Marylin Manson. She insisted she did not download them, they were not found on her computer, and yet they tried to sue her still. Finally the court threw out the case based on the fact that the only computer she owns is a Mac, which Kazaa is not supported on.

    The RIAA would not leavt it at that, have filed for an appeal I believe and they were quoted saying they will take this as far as they can to get "justice" [/b][/quote]
    LOL

    Yea I remember that..... They are trying to make an example of her....

    What's funny is that if it went to court like the "want" they'd probably lose.... :lmfao: :lmfao: :lmfao:

    It's been ruled several times that file sharing is LEGAL....

    Don't be scared man....

    Hey I have an idea... try to postpone the trial for 7 years until I get out of law school.... I'll represent you for free... :D :D

    Even though that's not possible.... I'd love to do it.... seriously :yes:
     
  10. The_Ancient

    The_Ancient Full Member

    sorry I did not see this tread before


    Few Suggestions


    1> Stop using Kazza NOW.... Remove it from your Computer

    the Kazza Network is WORTHLESS.. Flooded with False Files, Trojans, and other Virus's

    Use Other Networks. I have not USed Kazza for over a year and have no problems

    2> Comcast does not "sue downloaders" the RIAA does all Comcast does is provide your name and address, they are more or less required to do so under the law... the RIAA or in this case the MPAA (movies and TV shows have not Relations with the RIAA) submited a IP to comcast and comcast returned a Name and Address.. Comcast notfied you they did so with their letter...

    3> do not allow "shared folder Browseing" in now in your case I would not allow Sharing at all, I normally dont advocate Leaching the networks but now your IP block is on a Watch List so any , ANY, copyrighted works will land you another Letter....

    4> There has never been a Case gone to Court Yet, and Spacemoneky count your Lucky Stars is was not the RIAA, they will not let you off with just "removing the files" they will, WILL, make you pay $3,000 - $10,000 or go to court and risk $100,000 PER SONG in court. Goo Exstortion Scheme they have going huh?
     
  11. The_spacemonkey

    The_spacemonkey Full Member

    Thanks for the suggestions mike... Ive already done that stuff. Actually I havent really used kazaa much in a while anyways.

    However, comcast DID threaten litigation for us breaking contract and pursueing illegal activity through their service.

    I think these are just warnings and Im fine right now.
     
  12. geolemon

    geolemon Full Member

    To me, it isn't even about "I listen to music that's so 'different' that I can't hear it via any other channels"...

    I've been in the same boat, as regards punk rock... but at least with punk rock, the bands ALWAYS travel around, and you can always find shows, and you can always find kids that have the music to burn you a few songs, etc...

    But I've always liked things like blues too... and I don't know about you, but there's really no blues stations around here... and there's so many flavors if the music... some I like, some I don't.

    Or take an artist like Stevie Wonder.
    He's put out tons of music, lots of it amazing.
    But he's also changed and evolved over the years...
    I'd love to buy some Stevie Wonder... but which Stevie Wonder do I like?
    What years? What albums? etc.

    The end result... I don't like wasting $15-$20... so I end up not buying any.

    The recording company's loss, not mine.
    I've got plenty of other things to listen to.. hell, I've got CD's that have collected dust because I haven't listened to them in ages.


    Also, about your comment regarding the Family Guy...
    I can't see how you can get around this possibility, regardless - and that's probably the issue preventing most of these lawsuits from materializing.

    If you own the computer, does that automatically incriminate you, when someone else uses it? If someone borrowed a car that you owned, and went on a killing spree with it, would that incriminate you as a murderer?
    How can they prove who was at the keyboard at the time the songs were downloaded?
    Do you "own" the IP address via which the songs were downloaded? Whose responsibility is that, for letting you use that IP address?

    It's a complicated issue that IMO is being overblown, and I think the RIAA is misdirected at any rate...

    What the recording industry needs to do is simply make purchasing CD's more appealing than downloading songs for free.
    Artificial regulations never work, in the end. ;)
     
  13. BlkX

    BlkX Full Member

    How can he be sued for having the family guy on his computer? Is that not a show that is available to people who do not even buy cable (since its on a main network)? What's the difference between using a computer to d/l it compared to using TiVo to tape it?

    That said, i don't use Kazaa anymore either because of the spyware involved. As long as you don't share your files, there's no way for them to prove that you don't own the CD's or whatever you have downloaded (unless they came to your house of course, even then it would be difficult).
     
  14. deyton

    deyton Full Member

    I have never gotten a fake song or a virus from kazaa. Maybe i'm just lucky? And i'm pretty sure they don't have near as much power in canada. (hopefully)
     
  15. The_Ancient

    The_Ancient Full Member

    Not only that but With Other Services lik AOL, or DSL, IP can change from Second to Second LITERLLY , I have had problems with php Sessions in Shopping Carts because AO-HELL changes the Customers IP in the MIDDLE of checkout :rolleyes:

    so if the RIAA clock is even a second off of the ISP;s clock they would be barking up the wrong tree.......
     
  16. Feandil

    Feandil Full Member

    Not only that but With Other Services lik AOL, or DSL, IP can change from Second to Second LITERLLY , I have had problems with php Sessions in Shopping Carts because AO-HELL changes the Customers IP in the MIDDLE of checkout :rolleyes:

    so if the RIAA clock is even a second off of the ISP;s clock they would be barking up the wrong tree....... [/b][/quote]
    Yeah

    I have DSL and my IP address changes with each download/explorer window....

    Like I said on CAF about this back when it was working :p .... The RIAA is just trying to grab at the trailing strings of their once monopolized market.

    I want one of these to go to federal court just so it can get settled and specific laws passed....

    The RIAA just wants to scare people into not downloading so they settle out of court.... they do this also because 99.999% of the time their case is SO weak that they would lose.

    Like Chris said.... Think about it.... who is to say that if your friend was over at your house and downloaded the song.... is that your fault?

    Just because your IP address is there.... it doesn't mean you're responsible. And the Supreme Court already said FILE SHARING IS LEGAL! And that means sharing YOUR downloaded files is legal....

    LOL I can't wait to be a lawyer :robot:
     
  17. The_Ancient

    The_Ancient Full Member

    Yeah

    I have DSL and my IP address changes with each download/explorer window....

    Like I said on CAF about this back when it was working :p .... The RIAA is just trying to grab at the trailing strings of their once monopolized market.

    I want one of these to go to federal court just so it can get settled and specific laws passed....

    The RIAA just wants to scare people into not downloading so they settle out of court.... they do this also because 99.999% of the time their case is SO weak that they would lose.

    Like Chris said.... Think about it.... who is to say that if your friend was over at your house and downloaded the song.... is that your fault?

    Just because your IP address is there.... it doesn't mean you're responsible. And the Supreme Court already said FILE SHARING IS LEGAL! And that means sharing YOUR downloaded files is legal....

    LOL I can't wait to be a lawyer :robot: [/b][/quote]
    no, even if filesharing it legal, donwloading is not

    Renting a Tape and Recording it is Illegal ,, but VCR's are not Illegal

    p2p is a Techology like VCR (video Casseste Recorder) whcih can be used both illegally and Legally


    With that though, if you have purchased the CD, for example I own every Metallical Album before 1998, so I can Legally Download any of those Song, since I am a Lic. Users

    But I can not Legally Download any made after 1998 because I never owned them., Understand??>?
     
  18. Feandil

    Feandil Full Member

    I understand that....

    That wasn't my point.

    My point was that if you downloaded Family Guy Episode 14.... and you had Family Guy DVD's with that episode on it.... how could they sue you?

    Or for that matter how would they PROVE without reasonable doubt that you didn't own it? They definitely won't get a warrant to search your house simply off an IP address.

    And file sharing/p2p networks are legal... just not "sharing" those files with others.... which actually IS legal if that other person owns the CD/DVD....

    It's idiotic to think that anyone could win a case against a file-sharer.... there is no reason to think that if ANY case went to court against the RIAA that the RIAA would win....

    They're just trying to scare people
     
  19. The_Ancient

    The_Ancient Full Member

    I understand that....

    That wasn't my point.

    My point was that if you downloaded Family Guy Episode 14.... and you had Family Guy DVD's with that episode on it.... how could they sue you?

    Or for that matter how would they PROVE without reasonable doubt that you didn't own it? They definitely won't get a warrant to search your house simply off an IP address.

    And file sharing/p2p networks are legal... just not "sharing" those files with others.... which actually IS legal if that other person owns the CD/DVD....

    It's idiotic to think that anyone could win a case against a file-sharer.... there is no reason to think that if ANY case went to court against the RIAA that the RIAA would win....

    They're just trying to scare people [/b][/quote]
    well you have to remember were are not currenly dealing with Crimnal Law

    These are Civil Litigations, so infact the Burden of Proof is shared Equally, and the Threashold is not "resonabvle doubt" but "beyond perpondrous of the Evidance" or "more likly than not"

    a MUCH MUCH lower Burden

    and if anyone takes this all the way, I fully expect them to be Auhtoirzed to Search your house with Just the IP and Infro about that IP