02-22-2012, 03:19 PM | #76 |
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According to the Hadopi law, the prosecution has to prove to the judge that the accused is in fact infringing copyright before any penalties are meted out. I.e. the system does maintain a presumption of innocence.
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02-22-2012, 06:11 PM | #77 |
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Does the accused and any interested onlookers get to be there as well, or is it done behind closed doors?
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02-22-2012, 06:18 PM | #78 | |
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02-22-2012, 06:24 PM | #79 | |
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02-22-2012, 06:36 PM | #80 | ||
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She can tell them that it bothers her (although this isn't often compelling to fans, especially in industries where the actual creators are obscured by the companies who promote their works). She can say that she gets future work contracts based on *measurable* popularity of her past work, which includes both sales and site hits, and encourage people to both buy and download from her site. She can point out that the internet is not like a city--her fans "live" no farther away from her than from their friends, or from download sites, and they can get access to her content from her site instead of other places. (This, of course, presumes she hasn't put weird restrictions on use of her site, like requiring a login ID just to read things, or filling it with blinking flashing ads that drive people away.) She can release her works without DRM that requires *another* type of login ID with commercial data kept by a third party, and pitch that point as why they should buy her works. Appealing to fans for less piracy and more attention and money to the creators: Good. Doing so by insisting piracy is costing some unknown-but-it-must-be-huge amount of damage to creators' careers: Not good. |
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02-23-2012, 05:08 AM | #81 | ||
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02-23-2012, 05:25 AM | #82 | |
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Anyway, what was the harm for those 810,000? They received a warning and stopped (or they were never downloading anything in the first place and it was a false alarm). Justice has been done in these cases, they got a reminder to respect other people's property and that is it. |
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02-23-2012, 05:53 AM | #83 | |
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All this round and round about cars ( I thought no one would download a car anyway? ) would be more appropriate if the red light runner in question could claim any or all of: - I left my keys in the ignition - I left my keys on the hall table but the door unlocked - There's been a rash of burglaries in the neighbourhood with no marks of forced entry - Yale don't make a lock which someone can't forge a key to. which would make it a lot more similar to hijacking a wi-fi router. I'm no hacker but based on what I know I could probably hijack at least 4 routers just on our street. Based on conversations there are a number of younger acquaintances who routinely use someone else's wi-fi, not necessarily for downloading but they could. And that's not even getting to the subject of the thousands of bot-net infected computers that exist. Last edited by plib; 02-23-2012 at 05:59 AM. |
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02-23-2012, 06:10 AM | #84 | |
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02-23-2012, 06:18 AM | #85 | |
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This is only a notice, and a reasonable defense can still be raised. Just as in many countries you can say "I wasn't driving when that picture of my car speeding was taken". It is a valid defense, if you were not clearly identifiable. Of course, you may be forced to keep a log of who is driving your car at all times in the future. Also reasonable, if you claim you had no idea who was driving at the time your car was caught on camera. |
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02-23-2012, 06:23 AM | #86 | |
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I get emails all the time telling me some bank account I don't have has been accessed and telling me I should log in to report a crime. If I got one accusing me of some crime or other that I knew I hadn't done that would go in the same bin as all the other crap. |
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02-23-2012, 06:38 AM | #87 | |
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To say that 810,000 people were warned off is ludicrous. There are about 60 million people in France, God only knows how many internet connections are made in a day, it's impossible to monitor all of them 100% of the time. All their stats mean is that therir monitoring picked up 68,000 IP addresses twice. It doesn't mean the other 810,000 addresses stopped whatever they were doing, it just means they didn't get picked up twice which, unless someone is downloading everything available 24 hours a day, is very hard to do. Based on the recent duplication and dispersement of the Pirate Bay site there are a million and half torrents in that file, and that's just one site. How on earth are they going to monitor everything on the net? |
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02-23-2012, 06:44 AM | #88 | |
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02-23-2012, 06:52 AM | #89 | |
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02-23-2012, 06:59 AM | #90 |
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