On Wed, 2008-01-02 at 11:10 -0700, Chris Gehlker wrote: > On Jan 2, 2008, at 10:13 AM, Craig White wrote: > > > where on earth did you get the idea that the files actually were > > physically moved? You are assuming facts that are not supported by the > > evidence and even worse, you already know that the 'folders' that a > > program considers accessible or in this case shared, can be dispersed > > anywhere. It's a concept called 'virtual folders', I'm disappointed > > that > > you seem to struggle getting your head around the concept. > > > It's undisputed. The RIAA's expert witness testified that the the > files were actually in the Kazaa shared folder and Howell didn't > dispute it. He merely argued that "malfunction" or "third party" had > put them there. Later he says that the Kazaa program itself put them > there.[1] > > Then the RIAA's expert comes back and says that Kazaa logs whether the > files were copied into the shared folder on 1st run or later but that > Howell deleted the logs. > > I understand the point you are making about 'virtual folders' > perfectly well. I just don't see any relevance since the RIAA has > asserted all along that the actual files were in the shared folder. > > The RIAA's expert also says that Kazaa won't share from other folders > besides the 'shared' folder without the users explicit choice. > > [1] iTunes on first run searches all attached storage for audio files > and copies them into the ' iTunes Music' folder. I don't doubt that > Kazaa works in a similar manner with regard to the 'shared' folder. > The RIAA expert seems to concede as much. But he goes on to assert > that such files are clearly visible in the shared folder and that > Howell deleted logs which would have shown that he also moved or > copied some files there later. ---- except of course that it is disputed...
again, you aren't reading the references... http://www.ilrweb.com/viewILRPDF.asp?filename=atlantic_howell_070831ReconsidMot see top of page 2 - dispute seems clear enough to me, where defendent Howell states... "The songs in question are not, were not, and have never been in the Kazaa shared folder. That is why I stated it must be a malfunction. I also supplied a list of the 'C:\My Music' folder that contains the songs." (note emphasis was supplied by defendant in brief, but not reflected in plain text e-mail). Why are you so eager to convict? This clearly is a sap user who is getting toasted by a corporation looking to shred him and humiliate him in the public arena, not for financial recompense but solely to have a chilling effect on the public at large. Craig --------------------------------------------------- PLUG-discuss mailing list - PLUG-discuss@lists.plug.phoenix.az.us To subscribe, unsubscribe, or to change your mail settings: http://lists.PLUG.phoenix.az.us/mailman/listinfo/plug-discuss