Warez

[Deadmanwalking]

But we are gettin away from the point here which was the 12 year old girl.

Or in my case the complete narrow-minded comments of some users on the situation and then their responses to several peoples arguments.

 

[mank!]

Originally posted by Uncle Sick(tm)
They'll have to ban Wij and TDC soon then.. all the splish-ing and zzzzzzip-ing is disturbing me. And me is 27. *cries*

Ban! Ban!

The sexually explicit acts depicted in your signature offends me, Mister Sick. If that is your real name!

 

[Uncle Sick(tm)]

Damn... I just got severly pwned.

Lets get back on the subject then. *goes to find a family friendly sig... not*

Not Mr. Sick.. that sounds so formal.
You can call me Uncle. Now hop, hop on my lap, little fella. Heh...

 

[Tom]

Originally posted by Cdr
If the EULA is not a contract, then in theory how can you be sued for breach of it?

Can you imagine Kazaa suing its users for copyright infingement? Think before you type man.

 

[old.[MPZ]Padwah]

Surely the reason that the RIAA are going after this 12 year old girl is not for the money that they hope to get out of it but rather the publicity that taking such action will provoke, promoting the knowledge of copyright laws further than had it been a 32 year old girl and with the added bonus of scaring a few more parents at the prospect of being sued for their childs downloading habits?

Whilst the RIAA might = teh eViL they aren't complete idiots. They'll know that suing a 12 year old won't reap them great monetary benefits and are just doing it for the side effects. That's how I see it anyway...

 

[Deadmanwalking]

Originally posted by Tom.
Can you imagine Kazaa suing its users for copyright infingement? Think before you type man.

You what?

 

[SilverHood]

god damned pirates!

damn recording studies ripping us off every day of our lives, and when we rip them off, they sue us!

talk about treating your customers nicely

Poor girl though

 

[evilmonkeh]

wow this really has become a large debate

 

[]SK[]

So if I have HL2 and Doom3 ISOs sat on my PC you wouldnt want them right now?

Anyway about Kazaa, we run a small community broadband network via wireless thoughout a small village. We've had Warner Bros contact us about one of our users using kazaa to share their films and music. We had no choice to disconnect and ban the user from the service. Really they wanted the users details and really we should have given them to them. I guess just watch yourself, it does happen.

 

[evilmonkeh]

but the riaa are missing the plot-
users of kazaa are generally bog standard homeusers sharing files, they should be concentrating on the big players distributing stuff via ftp's etc (if anyone).
it seems that this is an easy way for them....

anyway, kazaa is only good for porn

 

[evilmonkeh]

Originally posted by Teh Krypt
Not really.. I started downloading some pron from there and got kiddy

as long as you dodge that, then your safe.

 

[evilmonkeh]

stick to movies?

 

[Ch3tan]

Originally posted by Dr_Weasel
At the moment its only the RIAA sueing people for copyright infringement. I wonder how long it will be before Microsoft start on a similar quest?

When anyone uses windows update they know the serial number that the OS was installed with. They knew that loads of people installed the corporate version XP with the same key and therfore they blocked it with SP1. They could have easily requested the details of these people from their ISPs and sued them.

If this was the case, I wonder how many people on this board would still be saying "she comitted an illegal act, punish her" and how many would be going out tomorrow and buying their own copy of XP for each computer in the house??

There is a privacy law that prevents Ms from actually collecting any personal details about users during windows update. So they might know your using a pirated key, and they may be able to block it in a service pack, but they cannot get your ip, name, address or anyother personal info or follow up on it if they do (cause they are not allowed to have it).

On the other matter. Does Kaaza not point out that sharing of copyrighted material you do not own is illegal. I suppose it goes back to who installed the program and accepted the software lisense -if it was the 12 year old then could she legally have understood or agreed to it? Blame could be placed on her parents I suppose, but you would have to ask why they paid the fee? The article states that they rather than d/l and keep the songs, simply streamed them and listened to them -the same as radio then.

You are all being overly harsh towards a 12 year old and show your lack of sympathy, your age, and the fact that you see everything as a joke. Hope it happens to you, then we can all have our turn.

I have no issue with the fact that yes maybe her parents should have known, yes it is most probably an illegal act. Your all fine to point out that on those points she could be sued. But remember that they are suing the 12 year old, not her parents, and show some humanity. Stop being twats for once.

 

[kanonfodda]

well, while I don't like what the RIAA is doing, and I agree they are targeting the wrong people, I can't really argue the legalaties(sp) of it.

On another note, they have settled for $2000 from the 12 year old:

article here

 

[evilmonkeh]

but how would theyknow who used it

 

[GDW]

Originally posted by Teh Krypt


If every post ive made has been stupid then im pritty sure people would ignore them.

...I think most people do. The problem is most of your posts lack maturity and thought. Thats to be expected from a 12 year old. However Im not stereotyping you, its just that there are some people in here only a couple of years older than you that ooze maturity. Youd just be better either calming down or come back in a couple of years.

 

[Flamin_Squirrel]

Originally posted by Tom.
Can you imagine Kazaa suing its users for copyright infingement? Think before you type man.

The ELUA protects the makers of kazaa against being sued, not the users. Think before u type, man.

 

[]SK[]

RE: Unauthorized Distribution of the Copyrighted Motion Picture Entitled
xxxxxxxxxxxxxxxxxx



Dear xxxxxxxxxxxx:

We are writing this letter on behalf of Warner Bros. Entertainment Inc. ("Warner Bros.").

We have received information that an individual has utilized the above-referenced IP address at the noted date and time to offer downloads of copyrighted motion picture(s) through a "peer-to-peer" service, including such title(s) as:

xxxxxxxxxxxxxxxxxx

The distribution of unauthorized copies of copyrighted motion pictures constitutes copyright infringement under the Copyright Act, Title 17 United States Code Section 106(3). This conduct may also violate the laws of other countries, international law, and/or treaty obligations.

Since you own this IP address, we request that you immediately do the
following:

1) Disable access to the individual who has engaged in the conduct described above; and
2) Take appropriate action against the account holder under your Abuse Policy/Terms of Service Agreement.

On behalf of Warner Bros., owner of the exclusive rights to the copyrighted material at issue in this notice, we hereby state, that we have a good faith belief that use of the material in the manner complained of is not authorized by Warner Bros., its respective agents, or the law.

Also, we hereby state, under penalty of perjury, under the laws of the State of California and under the laws of the United States, that the information in this notification is accurate and that we are authorized to act on behalf of the owner of the exclusive rights being infringed as set forth in this notification.

Please contact us at the below-listed address or by replying to this email should you have any questions. Kindly include the Case ID xxxxxxx, also noted above, in the subject line of all future correspondence regarding this matter.

We appreciate your assistance and thank you for your cooperation in this matter. Your prompt response is requested.

Respectfully,

Director of Enforcement
MediaSentry, Inc.

 

[Embattle]

http://news.com.com/2100-1028_3-5073817.html?tag=fd_top

 

[Tom]

Originally posted by Flamin_Squirrel
The ELUA protects the makers of kazaa against being sued, not the users. Think before u type, man.

Before you start quoting me, please look again at the context of the quote I originally used. You will see that the implication in the original post was that the RIAA would have to sue Kazaa users for a breach of contract between the users and Kazaa. That is clearly not going to happen.

So, think, before you type. Man.

 

[Flamin_Squirrel]

Originally posted by Tom.
Before you start quoting me, please look again at the context of the quote I originally used. You will see that the implication in the original post was that the RIAA would have to sue Kazaa users for a breach of contract between the users and Kazaa. That is clearly not going to happen.

So, think, before you type. Man.

The orignal context is that mank said that Kazaa EULA will be used to by RIAA to screw kazaa users over, because it clearly states that you should not distribute copyright material. Kazaa wont have liability because they have a transeferd legal culpability to the user for what they do in the EULA. Cdr then said that becomes void if the user is below a certain age.

When the RIAA comes along and asks the people who run kazaa why they're letting people distribute copywrighted material over their system they can say "look, we've told them not to in our UELA". Theres no implication anywhere that the EULA would be used by the RIAA to sue people. It simply determines who they go after: kazaa or its users.

So, i did think about what i typed, you just didnt understand.

 

[Embattle]

Is it just me but you're breaking the law by transfering such stuff any way, EULA or not.....its just Kazaa trying to cover itself.

 

[Tom]

Originally posted by Cdr
If we are to assume that the EULA is a binding contract, then you have to be over a certain age in order to enter into that contract (for basically the same reasons as stated above - capacity), so we could then argue that because the 12 year old can't enter the contract, the contract is void and thus not legally binding.

If the EULA is not a contract, then in theory how can you be sued for breach of it?

Read the above. Read the 2nd paragraph. You (RIAA) cannot sue somebody (user) for breaking a contract between themselves and another party (Kazaa). You can only use that contract to add weight to your argument.

Now how difficult is that to understand?

 

[Flamin_Squirrel]

Where is the RIAA mentioned there?

Cdr is talking about the EULA being valid. What has that got to do with copywright?

 

[Cdr]

Correct, I was merely discussion the validity of the EULA (and any EULA for that matter), and not if the RIAA can sue for breach of it.

Prob a misunderstanding on my part.

 

[Teh Krypt]

In light of the code of conduct explaination if decided to close this thread as the CoC states
"Copyrighted music, film or other similar material is not permitted to be posted on our forums, neither are links to such files or links / details of methods of obtaining such material via online or offline means."

Also im fed up of some people joining in every thread I make and or post just to flame me.

 

[Teh Krypt]

Originally posted by GDW
...I think most people do. The problem is most of your posts lack maturity and thought. Thats to be expected from a 12 year old. However Im not stereotyping you, its just that there are some people in here only a couple of years older than you that ooze maturity. Youd just be better either calming down or come back in a couple of years.

Well from experience, no they don't. Im not 12 fyi, and yes you ARE stereotyping by saying its to be expected from 12 year olds.

 

[Flamin_Squirrel]

\o/

 

[Deadmanwalking]

I will now take a very big step...

I disagree with the RIAA about a) sueing for the huge sums they want and b) for sueing a 12 year old.

 

[evilmonkeh]

riaa should just bugger off.
yeah, sod the fuck off.
and close the door on the way out.
thanks.
personally, i never used to buy cds, but now adays i buy the odd one, only because i listen to mp3's.
all over the top and out of proportions