An end to RIAA? - Page 2
Page 2 of 2 FirstFirst 12
Results 11 to 13 of 13

Thread: An end to RIAA?

  1. #11
    Banned
    Join Date
    May 2003
    Posts
    1,004
    An important issue here is that downloading music is NOT illegal. Sharing the music is the illegal aspect.

    If you get sued, merely claim that you are too stupid to secure your system in order to prevent remote users from having access to your files.

    Additionally since many file sharing clients automatically include file sharing as well, if the RIAA accesses your shared files you could in theory counter sue for their accessing your system i a manner "outside of normal use" much like how accessing a system that is infected with a trojan is illegal.

    The counter suit would be a bit of a struggle and would actually fall under criminal charges, so good luck with that, but I see it as highly unlikely that the RIAA can prove in court that you are required to be a computer security expert in order to own digital music.

    catch

    PS. It was ruled a few years back that user requirement site disclaimers and agreements are not binding. However "outside of normal use" is a very real issue and is used for things like prosecuting people for running port/vulnerability scans as well as violating simple to exploit systems like the asp. issue.

  2. #12
    Additionally since many file sharing clients automatically include file sharing as well, if the RIAA accesses your shared files you could in theory counter sue for their accessing your system i a manner "outside of normal use" much like how accessing a system that is infected with a trojan is illegal.
    So if they download your files with the intention of sueing you, they can get in trouble for, as you said, "outside of normal use"?

  3. #13
    Banned
    Join Date
    May 2003
    Posts
    1,004
    Like I said, that would be an uphill battle, and you need to win the first case about not knowning how to secure your system. The reason is that first case is used as proof that you were not intending to share your files and the RIAA took advantage of that security hole.

    catch

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •