Comment Re:Stop the INSANITY! (Score 1) 342
What I'm wating for now is for a defense lawyer for anyone accused of file sharing by the RIAA or MPAA to produce this document in court.
From the report: The major file sharing programs have hidden features that allow all files on a host hard drive to be indexed and shared, unknowingly and unwittingly, by the owner of the machine.
Defense attorney: "This is an authoritative document [ok, suspicions aside, think of this in the context of a court presentation for the defense] prepared by the USCPO, contributions from "experts" (etc., etc.,) discussing various P2P programs, such as the one that my client had installed on his/her machine to download (file$foo), and their shortcomings in respect of security and "hidden" features. They were completely unaware that the program search indexed their hard drive and offered the entire contents for outwards sharing. My client had (songs$foo) on the hard drive as he/she is partial to listening to music whilst using the pc and had made a compilation of songs from original cd's that he/she had legally purchased. As the report shows, there is a mechanism for sharing files through this P2P program that operates without either notification to nor the explicit approval of my client. I submit that my client had no intent of infringing copyright and indeed he/she had no idea that the files were being shared at all. I believe that the burden of proof that my client, deliberately and with intent, shared these files to the P2P network falls to the prosecution and that would require disproval of this report which, in part, relies quite heavily upon information and quotes supplied directly and indirectly from their own clients. The defense rests."