Elliott C. Back: Internet & Technology

MPAA Needs No Evidence To Sue You

Posted in bit torrent,bittorrent,Copyright,DMCA,iPhone,iPod,P2P by Elliott Back on June 30th, 2008.

The following remark was made by Marie. L. van Uitert, MPAA attorney in the Jammie Thomas trial. She wrote in a brief:

It is often very difficult, and in some cases, impossible, to provide such direct proof when confronting modern forms of copyright infringement, whether over P2P networks or otherwise; understandably, copyright infringers typically do not keep records of infringement. Mandating that proof could thus have the pernicious effect of depriving copyright owners of a practical remedy against massive copyright infringement in many cases.

The rest of the brief goes on to list the reasons why the MPAA feels it should not have to meet the full burden of proof in its case (i.e. proving actual distribution). For them, the existence of a location where the copyright material could be copied is sufficient grounds for prosecution. When you take this off the internet, this is equivalent to suing some for 12 * $150,00 for loaning someone a CD they later copied.

For more coverage, see Wired and TorrentFreak.

This entry was posted on Monday, June 30th, 2008 at 7:58 pm and is tagged with . You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback.

One Response to “MPAA Needs No Evidence To Sue You”

  1. Mat Collins says:

    This would never fly. As a defendant, you are entitled to examine the evidence against you. Without it, you have no way to defend yourself.

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