tag:blogger.com,1999:blog-20803105.post5387304455076287385..comments2024-03-23T13:09:54.464-04:00Comments on EXCESS COPYRIGHT: No Making Available Right in USA + Statutory Damages DissedHoward Knopfhttp://www.blogger.com/profile/18321190334597129416noreply@blogger.comBlogger5125tag:blogger.com,1999:blog-20803105.post-47923669332215044322008-11-09T00:21:00.000-05:002008-11-09T00:21:00.000-05:00If MediaSentry is running a P2P software on a comp...If MediaSentry is running a P2P software on a computer and are a legal agent of the copyright holder... then by the fact that Madonna or whoever has empowered MediaSentry to find people using P2P software means that Media Sentry is in fact putting the copyrighted material on the internet... Lets face it you don't leech forever if you don't send back you don't receive there fore each time Media Sentry starts putting music back it is in essences giving the copyrighted material away and since it is working for the copyright holder under their direction one can in essence argue that Madonna has freely given her music away.... In otherwords... no crime can exist once Media sentry gets involved.... or one could simple go another route... any P2P computer need only require another P2P computer attest to their not being a copyright holder or agent for a copyright holder to access my computer... if you access it and are in fact one of those mentioned entities you have just committed wire fraud... if you do so to numerous people then its a violation under the RICO act... people need to take on the RIAA... most of what they do is illegal if you apply the law properly.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-20803105.post-52422764804253084922008-10-15T14:20:00.000-04:002008-10-15T14:20:00.000-04:00Yet there is a FEDERAL LAW that states that privat...Yet there is a FEDERAL LAW that states that private investigators are governed by state laws not a federal law. Thus Media Sentry MUST get accredited/licensed in all sates where they are investigating people.<BR/><BR/>Plus the way media sentry does their job is also in most states illegal.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-20803105.post-36827639163190766152008-10-02T19:27:00.000-04:002008-10-02T19:27:00.000-04:00"But MediaSentry should also be prosecuted in all ...<I>"But MediaSentry should also be prosecuted in all states that require investigators to have licenses. Again, fair is fair."</I><BR/><BR/>Federal law supersedes state law in interstate commerce.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-20803105.post-90554433084166374942008-09-25T13:20:00.000-04:002008-09-25T13:20:00.000-04:00there is no "making available" right in the USA. [...<I>there is no "making available" right in the USA. [...] The Court ruled that the WIPO treaties are not self executing in the USA and the statute is not ambiguous.</I><BR/><BR/>So does this mean anything regarding the US and ratification of the WIPO treaties ?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-20803105.post-42931477132798153892008-09-25T12:27:00.000-04:002008-09-25T12:27:00.000-04:00And one bit of potentially bad news for Ms. Thomas...<I>And one bit of potentially bad news for Ms. Thomas is that Judge Davis did rule that "distribution to an investigator, such as MediaSentry, can constitute unauthorized distribution". That ruling is bound to be controversial</I><BR><BR/>If one distributes a copywrited work to an authorized agent of the copywrite owner WITH THE KNOWLEDGE that it is the authorized agent, then it should not be considered unauthorized distribution. But in most cases, the user will not know this and I agree that this should constitute as an unauthorized distribution. Fair is fair. But MediaSentry should also be prosecuted in all states that require investigators to have licenses. Again, fair is fair.Anonymousnoreply@blogger.com