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French Record Companies Lose Plot, Sue Sourceforge - 11-16-2008, 02:40 PM

From TorrentFreak

Quote:
French record labels have received the green light to sue four US-based companies that develop P2P applications, including the BitTorrent client Vuze, Limewire and Morpheus. Shareaza is the fourth application, for which the labels are going after the open source development platform SourceForge.

Société civile des Producteurs de Phonogrammes en France (SPPF), an umbrella group for several record labels in France, claims that the four file-sharing applications facilitate mass copyright infringement. Although the companies (and applications) themselves have nothing to do with copyright infringement, SPFF believes it has a strong case.

The record labels argue that the Vuze and the others are knowingly distributing software with the purpose to permit unauthorized access to copyrighted works. In essence they are saying that everything, or every application which allows a user to share files, will be indeed used for illegal purposes. In contrast, in the US, companies that don’t encourage their users to commit copyright infringement with their applications, are not acting illegally.
Read more here: http://torrentfreak.com/record-label...eforge-081114/


SourceForge.net is a source code repository. It acts as a centralized location for software developers to control and manage open source software development. As of August 2008, SourceForge.net hosted more than 180,000 projects and had more than 1.9 million registered users. (Wikipedia)

I guess they'll be suing hard disk manufacturers next...

gm
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Question Innocent until proven guilty or guilty until proven otherwise? - 11-16-2008, 09:03 PM

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Originally Posted by gluteus maximus View Post
From TorrentFreak



Read more here: Record Labels to Sue Vuze, Limewire and SourceForge | TorrentFreak


SourceForge.net is a source code repository. It acts as a centralized location for software developers to control and manage open source software development. As of August 2008, SourceForge.net hosted more than 180,000 projects and had more than 1.9 million registered users. (Wikipedia)

I guess they'll be suing hard disk manufacturers next...

gm
Hello GM,

In the American court system "you are innocent until proven guilty" and in the French system, it is all the way around, "you are guilty until proven otherwise". Why is it this way? I couldn't tell you... A different way to see things I guess...

How is it in the British court system?

GHERDEZ
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11-16-2008, 10:47 PM

They'll sue people for breathing, right after they have lost this one, that is.
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11-16-2008, 11:00 PM

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Originally Posted by GHERDEZ View Post

How is it in the British court system?

GHERDEZ
In the UK it is innocent until proved guilty, but if you know the correct funny hand shake, it is innocent, no matter what you have done.


It's been a long time
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11-17-2008, 02:07 AM

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Originally Posted by GHERDEZ View Post
Hello GM,

In the American court system "you are innocent until proven guilty" and in the French system, it is all the way around, "you are guilty until proven otherwise". Why is it this way? I couldn't tell you... A different way to see things I guess...

How is it in the British court system?

GHERDEZ
You must be talking about a different America. Or why is witch-hunting so en vogue in the US once allegations are being made against someone. Then it's mostly "Guilty until proven innocent". Usually alot of money can fix that.
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"Guilty until proven innocent" a.k.a. the French Napoleonic Code - 11-17-2008, 10:32 AM

Quote:
Originally Posted by Dave C View Post
In the UK it is innocent until proved guilty, but if you know the correct funny hand shake, it is innocent, no matter what you have done.
Quote:
Originally Posted by diwander View Post
You must be talking about a different America. Or why is witch-hunting so en vogue in the US once allegations are being made against someone. Then it's mostly "Guilty until proven innocent". Usually alot of money can fix that.
Hello diwander, Hello Dave C, Hello Jonnydoen, Hello everyone…

Diwander, the voice of experience definitely seems to point out that in the U.S. once an allegation is made against someone definitely feels like “guilty until proven innocent”. And yes, dispensing money to someone is the usual requirement, even if you are innocent. I never truly understood the feeling until the first time that I had to attend to traffic court. I agree with Dave, that connections can tilt the balance in your favor, and we all agree that money can be the wild card to win your case anywhere in the world. My problem is, that I don’t have any influential connections, or a lot of money to feel the balance tilt in my favor.

But, “guilty until proven innocent” has been the cornerstone mentality in the French Napoleonic Code, or what is nowadays the “inquisitorial system”. Just the name of “inquisitorial” sounds scary. First instituted by Napoleon to deal with the enemies of the state in accordance with the “ideals of the French revolution”. Which a the time, at its best was to serve the interests of the community over the rights of the “privileged” individual (the monarchy or the ruling class), and at its worst punished innocent people. “Innocent until proven guilty” in the US serves to protect the individual rights over the (stronger) rights of the society or the state. I assume that in the UK, by what Dave says, the courts works in a similar way.

For the scope of GM’s quoted article, I personally feel uncomfortable with the idea that the French prosecutor feels that he has a "strong suit case" based on the presumption that everybody is guilty while using the computer applications in question. I wonder if the case is going to proceed or not in the US. And if it is, how the everybody-is-guilty argument is going to be presented in a US court?

Best Regards…

GHERDEZ

Last edited by GHERDEZ; 11-17-2008 at 10:39 AM. Reason: It looks prettier with more "emoticons"... lol
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11-17-2008, 12:19 PM

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Originally Posted by diwander View Post
You must be talking about a different America.
could not say it better with a few words. and not only America but all the globe. it's funny to have an illusion that law protects us and "everyone has these-and-that rights ", but it's simply about money. Only money (certain amounts) decide whether you're guilty before proven innocent or vice versa

money creates the law, to be simple.


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11-18-2008, 07:13 AM

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Originally Posted by skyforger View Post
could not say it better with a few words. and not only America but all the globe. it's funny to have an illusion that law protects us and "everyone has these-and-that rights ", but it's simply about money. Only money (certain amounts) decide whether you're guilty before proven innocent or vice versa

money creates the law, to be simple.
Hello Skyforger,

Ahh yes… Money the universal driving energy in the courts nowadays. And everyone wants his or her cut.
You need money to go to court, guilty, or not.
You want money if you are suing someone or someone wants money if they are suing you.
Lawyers want money from you, the other party, or both. Usually they want lots of it.
You have to pay for professional experts such as doctors, engineers, laboratory technicians, etc. depending on your case.
If you go to jail in the US you have to pay for your stay.
The court will charge you a fee for handling your case, guilty, or not.
Pay a premium and you or your favored party may be freed from guilt. Pay the premium to someone else and your adversary is made to appear guilty.

Money... Money... Money... Like you said it is what is all about...

How are you doing?

GHERDEZ
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