-
We’re currently investigating an issue related to the forum theme and styling that is impacting page layout and visual formatting. The problem has been identified, and we are actively working on a resolution. There is no impact to user data or functionality, this is strictly a front-end display issue. We’ll post an update once the fix has been deployed. Thanks for your patience while we get this sorted.
Friend just got slapped with a lawsuit from Time Warner
Page 7 - Seeking answers? Join the AnandTech community: where nearly half-a-million members share solutions and discuss the latest tech.
knyghtbyte
Senior member
i think i covered answers to some of this in my today post, but just to be a completist (and the fact im bored stiffless at work atm..lol) im gonna say it again...lol
CD's and albums were overpriced because pirating has existed since home tape-tape recording systems were around, before then i guess as well, but nowhere near so prolific. This is partly why the costs spiralled, at the time the manufacturerss/producers raised costs and in turn so did the shops. As for mass competition i didnt mean from the labels, i mean the shops, far more companies sell music now, from dedicated music stores (HMV, Virgin, etc) to supermarkets (Sainsburys, Tescos, Asda) and even various other places like petrol garages, stationary/newsagent shops etc, so this has helped to bring prices either down, or encourage more deals where you buy a few and get them cheaper.
and here endeth my post.
back to work........what work, its a friday, nobody calling......so bored we're all playing twister...hehe
ReiAyanami
Diamond Member
who thinks if his ISP had been time warner, he wouldn't be being sued by them?
Wow. This thread is a fountain of odd and inconsistent legal theories. I'll try to hit some highlights:
1. Just erase? No!!!. Putting aside whether Time Warner has other evidence, the filing of a lawsuit essentially freezes the parties in time. Destroying or otherwise disposing of materials that a party knows is relevant is to a pending lawsuit is an absolute no-no.
2. Prosecutors and public defenders? No. In a civil suit, there is a plaintiff(s) and defendant(s), whereas in a criminal case it is state v. defendant or U.S. v. defendant. The law enforcement arms of the state and federal government (i.e., prosecutors and public defenders) have no part nor can a defendant ask for a public defender. However, as one post suggested a legal aid society can be an excellent source of legal help if the defendant can't afford a lawyer.
3. Internet downloading versus shoplifting? This presents an interesting problem. Internet downloading, could theoretically be prosecuted under state laws against theft (along the shoplifting lines), but you could also be prosecuted under federal laws because almost all transactions of this sort occur in interstate commerce (i.e., across state lines).
4. Civil causes of action? Although I haven't researched this issue, I recall that the various digital content protection laws enacted at the federal level are what really helps the Time Warner's to sue "distributors." As many have mentioned, its probably the subsequent redistributing of the movie through the kid's sharing program that got the attention of Time Warner and not the downloading. And here is where the burden of proof gets more complicated. Presumably Time Warner can prove that this kid's copy of the movie was downloadable for x number of days. A question at trial, that might tip the scales one way or the other, is whether or not the kid knew that he was allowing the movie to be redistributed. If he had no idea, then a judge or jury might look at the actual damages caused (i.e., it was downloaded a 100 times so you owe us 100xretail price of movie) versus other potential damages available under applicable statutes or through the punitive damages process. One thing to keep in mind is that the plaintiff's burden of proof in a civil matter is a "preponderance of the evidence" rather than the "beyond a reasonable doubt" standard used in criminal trials. Thus, it takes less "proof" for the plaintiff to win its case.
1. Just erase? No!!!. Putting aside whether Time Warner has other evidence, the filing of a lawsuit essentially freezes the parties in time. Destroying or otherwise disposing of materials that a party knows is relevant is to a pending lawsuit is an absolute no-no.
2. Prosecutors and public defenders? No. In a civil suit, there is a plaintiff(s) and defendant(s), whereas in a criminal case it is state v. defendant or U.S. v. defendant. The law enforcement arms of the state and federal government (i.e., prosecutors and public defenders) have no part nor can a defendant ask for a public defender. However, as one post suggested a legal aid society can be an excellent source of legal help if the defendant can't afford a lawyer.
3. Internet downloading versus shoplifting? This presents an interesting problem. Internet downloading, could theoretically be prosecuted under state laws against theft (along the shoplifting lines), but you could also be prosecuted under federal laws because almost all transactions of this sort occur in interstate commerce (i.e., across state lines).
4. Civil causes of action? Although I haven't researched this issue, I recall that the various digital content protection laws enacted at the federal level are what really helps the Time Warner's to sue "distributors." As many have mentioned, its probably the subsequent redistributing of the movie through the kid's sharing program that got the attention of Time Warner and not the downloading. And here is where the burden of proof gets more complicated. Presumably Time Warner can prove that this kid's copy of the movie was downloadable for x number of days. A question at trial, that might tip the scales one way or the other, is whether or not the kid knew that he was allowing the movie to be redistributed. If he had no idea, then a judge or jury might look at the actual damages caused (i.e., it was downloaded a 100 times so you owe us 100xretail price of movie) versus other potential damages available under applicable statutes or through the punitive damages process. One thing to keep in mind is that the plaintiff's burden of proof in a civil matter is a "preponderance of the evidence" rather than the "beyond a reasonable doubt" standard used in criminal trials. Thus, it takes less "proof" for the plaintiff to win its case.
whistleclient
Platinum Member
what? you think they'll only charge you $15.99 if they catch you? there has to be an incentive to buy it instead of pirating it. come on, use your brain.
as a screenwriter who has had my stuff pirated i fully support this.
whistleclient
Platinum Member
wrong. like they care about losing a $40 a month customer when a $120 million dollar movie is on the line. fyi-- time warner also owns HBO, Comedy Central, and the Cartoon Network.
novasatori
Diamond Member
man that sucks, I dunno what I'd do.
either way its gonna cost a pretty penny.
either way its gonna cost a pretty penny.
Blazin Trav
Banned
The idiot needs to learn how to turn sharing off, or download using something that does not require sharing.
imported_savage
Member
So does anybody know of any programs for downloading that can't easily be monitored by the mega corporations?
AgaBoogaBoo
Lifer
"I was backing it up"
"Someone used my wireless connection"
"Someone used my wireless connection"
midwestfisherman
Diamond Member
Where did you get that information from?
whistleclient
Platinum Member
get cancer.
Falloutboy
Diamond Member
newsgroups never heard anyone get touched for downloading of them
RMSistight
Golden Member
Thank God I don't download movies. It's just not worth it.
The potential fine is either $250,000 or $500,000 per violation, this case sounds like possibly multiple violations to me. so forget about your wondering how they got to $4k.
Also, it's against the law to destroy evidence, or to help people break the law, like telling them to destroy evidence, not that some of you care what's legal, only what you can get away with.
Also, it's against the law to destroy evidence, or to help people break the law, like telling them to destroy evidence, not that some of you care what's legal, only what you can get away with.
knyghtbyte
Senior member
sorry, have to say it, thats a dumb example.....firstly you can make a candy bar if you want in your own home.....secondly the candy bar is a very inexpensive product to manufacture. A movie costs millions to make, lots of people on the payroll, each movie must make its cost back and then some, a candy bar company will generally always shift their products without a problem as you dont have thousands of people wandering into shops using a magic machine to copy the candy bar....some people might make their own cakes etc, but there will always be lazy people who prefer to just buy it, but the marketing and design and production is minimal in effect to the profits bought back by it.....
And for the person being quoted by the person i quoted first in this post (still with me there?.lol) It IS the same as shoplifting, as by your own words you state that with shop lifting the item is gone and the shop can no longer sell it to someone else, well, same thing, the person who downloaded the film in pirate form might otherwise have gone and bought it if pirating wasnt possible. so therefore you have prevented a shop from making a sale by gaining something that isnt yours rightfully. It might not have the physical form of a Disc, but the Disc isnt what you buy, you buy the right to watch/listen to the contents on it. The same that i could have bought Half Life 2 on a disc, but i wouldnt be buying the disc, i would be buying the right to the software on it.....and to prove that? i have Steam, i bought my HL2 as a Silver Package over steam, so i have no Disc, i just have downloaded software, however if i had pirated it, then i would be stealing from Valve as i have prevented them from making the sale to me that would have been.
Right, im pretty sure i've made sense...lol...now im off to bed 🙂
TRENDING THREADS
-
Discussion Zen 5 Speculation (EPYC Turin and Strix Point/Granite Ridge - Ryzen 9000)- Started by DisEnchantment
- Replies: 25K
-
Discussion Intel Meteor, Arrow, Lunar & Panther Lakes + WCL Discussion Threads
- Started by Tigerick
- Replies: 25K
-
Discussion Intel current and future Lakes & Rapids thread- Started by TheF34RChannel
- Replies: 24K
-
-
