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Old 07-11-2009, 11:40 AM   #185
zerospinboson
"Assume a can opener..."
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Quote:
Originally Posted by HarryT View Post
Thomas was offered an out-of-court settlement; it was entirely her choice to go to trial, don't forget.

She was not "sharing" two dozen songs but 1,702. The 24 used in the court case were merely a representative sample.

She really was amazingly stupid - eg, claiming that someone might have hijacked her WiFi network when, in fact, she didn't actually have WiFi, and making a clumsy attempt to hide the evidence by changing the hard disk in her PC before submitting it for examination.
Yet how are "out of court settlements" in cases where (strictly speaking) no proof (this is where the difference between "uploading" and "making available" comes in as a magic weasel word) is required (as none is offered beyond the assertion of the RIAA) to get an in-court conviction different from protection money asked for by the Mafia in earlier days?
After all, the costs of going to court are so prohibitive that settling will always be cheaper; whether you're guilty or innocent matters little, and in a legal area where those two things are basically undefined (because there is still no litigation on it)...
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