Posted by anthonyberet on 09/03/05 11:49

NRen2k5 wrote:
> On 8/24/2005 9:42:54 AM, "dadiOH" wrote:
>
>>mw70@earthlink.net wrote:
>>
>>>Don M. wrote:
>>>
>>>>"Loco Jones" wrote in message
>>>>news:1124323785.4bfa9d08d3a25af27e621012cf205516@bubbanews...
>>>>
>>>>>Could this be the one to watch?
>>>>>
>>>>>
>>
>>http://www.vh1.com/news/articles/1507708/20050816/index.jhtml?headlinestru
>>
>>>>>e&_requestid=334269
>>>>>(same as: http://tinyurl.com/bm4w5 )
>>>>>
>>>>>Yes, it's KaZaa in the spotlight again, but this could apply to any
>>>>>P2P application targeted:
>>>>> < quote >
>>>>>
>>>>> "As an exhibit in the complaint, they typed up a list of six songs
>>>>>that RIAA investigators downloaded from a shared account that was
>>>>>supposedly on my client's computer," Rogers said. "The complaint
>>>>>said those files were there for sharing, but they have no evidence
>>>>>that anyone did share them. For them to prove copyright
>>>>>infringement, they have to show that there was unauthorized
>>>>>distribution of a copyrighted file to the public. If they knew some
>>>>>16-year-old who downloaded those songs from my client's drive, that
>>>>>would be copyright infringement, but if their own investigators did
>>>>>it, it's not distribution to the public. A copyright owner cannot
>>>>> infringe on their own copyright." < end quote >
>>>>>
>>>>>If this case ever makes it way *all* through the legal system, the
>>>>>results could be very interesting indeed.
>>>>>
>>>>
>>>>==========>>
>>>>It seems the RIAA considers sharers to be guilty by intent. I think
>>>>this is the argument they'll use, unless they're lucky to download
>>>>any of the offending files from someone else and trace it to the
>>>>defendant.
>>>>
>>>>People who leave identification in tags, esp. encrypted ID given by
>>>>the encoding program, must be nuts.
>>>>
>>>>
>>>>Don
>>>
>>>
>>>
>>>Is that how their bots are identifying copyrited material?
>>
>>No, has nothing to do with it.
>>_______________
>>
>>
>>>I've noticed some tags say "Copyrited: Yes" while others say "No"
>>>(some are even different with duplicate mp3s) Is there a way i can
>>>edit the tags to say No?
>>
>>Sure. You could re-encode it with something like CDex and turn off the
>>setting of the copywrite bit. Won't do a lick of good though...the
>>setting/resetting of that bit has no practical meaning.
>>
>>--
>>dadiOH
>>____________________________
>>
>>dadiOH's dandies v3.06...
>>...a help file of info about MP3s, recording from
>>LP/cassette and tips & tricks on this and that.
>>Get it at http://mysite.verizon.net/xico
>>
>>
>>
>
>
> Actually most tagging programs, such as Magnus Brading's "MP3 Tag Studio" can set or reset the Copyright, etc., bits.
>

Do you really think that a copyright holder, faced with a file called
Myartiste - Mycopyrightedtune.mp3 is going to look at the copyright tag
and ignore it the file if not set?
Bear in mind that with most p2p nets they would need to download it to
check the tag anyway. - By far the most likely approach for them is to
listen to the file and see if it does indeed contain their material.
A slightly-less legally reliable approach might be to look and see who
is offering their files for download. - The copyright tag is going to be
irrelevant either way.

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