tag:blogger.com,1999:blog-15479871.post2703153309706182036..comments2024-02-29T03:26:17.906-05:00Comments on Recording Industry vs The People: RIAA Cites New Pro Se Case on "Making Available" to Judge Karas and Judge Robinson in Barker and Cassin casesraybeckermanhttp://www.blogger.com/profile/11063235302436280455noreply@blogger.comBlogger9125tag:blogger.com,1999:blog-15479871.post-60018103664134613862007-08-27T13:01:00.000-04:002007-08-27T13:01:00.000-04:00No there are no regulations involved here.No there are no regulations involved here.raybeckermanhttps://www.blogger.com/profile/11063235302436280455noreply@blogger.comtag:blogger.com,1999:blog-15479871.post-47272944381100430792007-08-27T12:53:00.000-04:002007-08-27T12:53:00.000-04:00Ray,1. I guess I didn't make clear that the statue...Ray,<BR/><BR/>1. I guess I didn't make clear that the statue has precedence because I thought that was self evident. Perhaps I should rephrase it as a question.<BR/>Are any of the issues in this case defined by regulation?<BR/>How is a regulation declared invailid if not by the courts?<BR/>2. NotedReluctant Raconteurhttps://www.blogger.com/profile/10156485722227445711noreply@blogger.comtag:blogger.com,1999:blog-15479871.post-21888682065374011322007-08-26T19:47:00.000-04:002007-08-26T19:47:00.000-04:00Russell, I rejected your comment because it missta...Russell, I rejected your comment because it misstates the law in several respects.<BR/><BR/>1. Statutes take precedence over regulations. Any regulation which is inconsistent with the enabling statute is ultra vires and invalid.<BR/><BR/>2. Ms. Peters was not acting in accordance with any rulemaking authority. She was writing a letter.<BR/><BR/>Please keep things accurate.<BR/><BR/>Thanks.raybeckermanhttps://www.blogger.com/profile/11063235302436280455noreply@blogger.comtag:blogger.com,1999:blog-15479871.post-80191711423377288072007-08-25T23:28:00.000-04:002007-08-25T23:28:00.000-04:00Alter Fritz,Ray can certainly answer your question...Alter Fritz,<BR/><BR/>Ray can certainly answer your question better than I can. Certainly Marybeth is someone of some high position in the US Copyright Office.<BR/><BR/>Even so, however, it's her job to ENFORCE THE LAWS AS WRITTEN by Congress, not offer up her own personal interpretations of what these laws mean to the most pro-Hollywood member of the House of Representatives. And she's hardly an authoritative source whose "opinion" is beyond question by the court, or the Defense. Especially after her "testimony" has been introduced into this discussion by the Plaintiffs.AMD FanBoihttps://www.blogger.com/profile/11864029976202105778noreply@blogger.comtag:blogger.com,1999:blog-15479871.post-58762393658548034382007-08-24T23:28:00.000-04:002007-08-24T23:28:00.000-04:00travis, the point you're making is the same point ...travis, the point you're making is the same point Judge Karas was making during the Elektra v. Barker <A HREF="http://recordingindustryvspeople.blogspot.com/2007/02/elektra-v-barker-making-available-oral.html" REL="nofollow">oral argument</A>raybeckermanhttps://www.blogger.com/profile/11063235302436280455noreply@blogger.comtag:blogger.com,1999:blog-15479871.post-12060049369827400562007-08-24T21:25:00.000-04:002007-08-24T21:25:00.000-04:00So if the court holds that making available is the...So if the court holds that making available is the same as distribution does that mean that if I set a hard copy of a CD down in a public place, say an airport, that I'm guilty of distribution?Travishttps://www.blogger.com/profile/12768293449447105434noreply@blogger.comtag:blogger.com,1999:blog-15479871.post-82354692025991442782007-08-24T19:58:00.000-04:002007-08-24T19:58:00.000-04:00AMD, correct me if i'm wrong, but this Merybeth, i...AMD, correct me if i'm wrong, but this Merybeth, isn't she jsut supposed to do some clerical works like filing those applications for copyrights and this kind of stuff.<BR/>I mean she isn't something like those copyright royalty board judges or anything like that, is she?<BR/>She has nothing to do with "enforcement" of law in the sense how I understand "lawenforcement", but she is just like a "secretary" that does only some typical clerical secretarial work, has she?<BR/>(no offence to hard working secretaries here, without you hard working (mostly) womans, would some CEO's of well known companies be lost)Alter_Fritzhttps://www.blogger.com/profile/10861406779872744163noreply@blogger.comtag:blogger.com,1999:blog-15479871.post-65613433503883188082007-08-24T19:25:00.000-04:002007-08-24T19:25:00.000-04:00What rankles me more about these judges than most ...What rankles me more about these judges than most other things is how the RIAA Plaintiffs rely on pro se cases, and a letter from Marybeth Peters, a "employee" in the copyright office to a United States Representative, Rep. Howard L. Berman (a known filesharing foe), giving her "opinion" on the law that "making available" constitutes "distribution". This is so BACKWARDS for an employee of the US Government to be telling a member of Congress what the law as written means. Before this letter should ever be admitted or considered by any court, Marybeth Peters should be deposed firmly by the Defense as to her qualifications to even offer such an opinion, what her expertise in the Internet, and the KaZaA program in particular is, and why anyone else should ever take her seriously on anything she says! After all, she's supposed to "enforce" the law, not "write" it!AMD FanBoihttps://www.blogger.com/profile/11864029976202105778noreply@blogger.comtag:blogger.com,1999:blog-15479871.post-79498377174516351812007-08-24T19:22:00.000-04:002007-08-24T19:22:00.000-04:00Is it usual to say a court holds to certain facts,...Is it usual to say a court holds to certain facts, when the judgement does not say that the "Court holds that ...". Most of the rulings I have seen, and I admit that they are few, all have language like that, yet in this case, I see an analysis section, and it says that having files in a share folder "may" constitute distribution, not that it does. It seems to me, in the reading of the ruling, that the case was decided based on the deposition of the defendant, more than holding to any particular rules of standards. Is this how you see it too?mhoyes62https://www.blogger.com/profile/11293451019293309060noreply@blogger.com