Last year a Minnesota woman became the first person ever to lose a P2P copyright infringement case to the RIAA. It was initially heralded as a victory for the RIAA’s argument that simply offering files for download violated copyright holders’ exclusive rights. But after Thomas appealed the decision she was granted a new trial based on the judge’s determination that the RIAA’s legal theory was directly contradicted by everything from legislative intent to prior caselaw. But instead of getting her day in court she’s once again fighting for her new trial as the RIAA looks to appeal her appeal.
Confused yet? Well that’s probably the point. In fact, like much of what RIAA lawyers claim, their justification for appealing the decision doesn’t seem to have much in common with the facts. It goes something like this.
The entire “making available” claim is based on a number of cases involving secondary infringement. In each of those cases the defendant was a third party who contributed to someone else’s copyright infringement. In setting aside the original judgement and ordering a new trial Judge Michael J. Davis said as much.
Now RIAA lawyers are asking to delay the new trial while they appeal his decision to grant the new trial. And the reasoning behind the request? Basically they’re ignoring what the judge said and claiming there’s dissent among different judges as to whether simply offering files for download constitutes distribution of those files.
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Result for: file
Last year a Minnesota woman became the first person ever to lose a P2P copyright infringement case to the RIAA. It was initially heralded as a victory for the RIAA’s argument that simply offering files for download violated copyright holders’ exclusive rights. But after Thomas appealed the decision she was granted a new trial based on the judge’s determination that the RIAA’s legal theory was directly contradicted by everything from legislative intent to prior caselaw. But instead of getting her day in court she’s once again fighting for her new trial as the RIAA looks to appeal her appeal.
Confused yet? Well that’s probably the point. In fact, like much of what RIAA lawyers claim, their justification for appealing the decision doesn’t seem to have much in common with the facts. It goes something like this.
The entire “making available” claim is based on a number of cases involving secondary infringement. In each of those cases the defendant was a third party who contributed to someone else’s copyright infringement. In setting aside the original judgement and ordering a new trial Judge Michael J. Davis said as much.
Now RIAA lawyers are asking to delay the new trial while they appeal his decision to grant the new trial. And the reasoning behind the request? Basically they’re ignoring what the judge said and claiming there’s dissent among different judges as to whether simply offering files for download constitutes distribution of those files.
[More]>>
Result for: file
A recent update to AVG 8 has caused massive headaches for its owner and for many users who ended up with a crippled Windows XP operating system. At the core of the problem is a false positive of user32.dll, a vital Windows Operating System file, which the updated AVG 8 reported as a trojan horse. Upon the false detection, the AVG update prompted the user to delete the file to fix the problem, which in turn could result in Windows XP endlessly rebooting.
The problem affected the Windows XP operating system with SP2 or SP3 installed. It didn’t affect systems using Windows XP in the English language, but affected Windows installations using the Dutch, French, Italian, Portuguese, and Spanish languages. Upon noticing the problem, an update to fix it was immediately pushed out.
“AVG is actively working to remedy the problem some users are experiencing related to the most recent update to commercial and free versions of AVG 7.5 and AVG 8.0 in some languages. A number of users who installed the update mistakenly received a warning that the Windows system file user32.dll product version 5.1.2600.3099 was infected with a Trojan virus and were prompted to delete a file essential to the operation of Windows XP.” a company representative said.
The Czech anti-virus company has posted a fix tool and further details on its website. For users who are unable to boot Windows after updating to the latest version, they have been told to, “contact their AVG reseller or ask a friend to download the information and fix tool for them.” This latest problem comes after a recent update identified elements of the ZoneAlarm security software as a threat.
