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1994-09-04
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Path: oz.cdrom.com!agate!library.ucla.edu!europa.eng.gtefsd.com!newsxfer.itd.umich.edu!gumby!yale!yale!not-for-mail
From: pfrommer@scus1.ctstateu.edu (David Pfrommer)
Newsgroups: alt.games.doom
Subject: Re: Piracy Lawsuit
Date: 5 Sep 1994 00:35:07 -0400
Organization: Southern Connecticut State University
Lines: 57
Sender: pfrommer@scus1.ctstateu.edu (Dave Pfrommer)
Message-ID: <34e75r$f9h@scus1.ctstateu.edu>
References: <34dlem$lt8@eis.calstate.edu> <1994Sep4.194025.31536@cobra.uni.edu> <34e3mu$jgh@news.u.washington.edu>
NNTP-Posting-Host: scus1.ctstateu.edu
In article <34e3mu$jgh@news.u.washington.edu>,
Tim Smith <tzs@u.washington.edu> wrote:
>In article <1994Sep4.194025.31536@cobra.uni.edu>,
>>I wonder if I post a message saying that I have a copy of Doom ][ and
>>Id files a law suit wrongfully against me, since I don't have one, I can sue
>>THEM for oogles of cash for an infringement on my constitutional right of
>>freedom of speech or wrongful prosecution. Hell, just 'cause I say the sky is
>
>[This is not legal advice]
>
>You'd have no chance whatsoever of winning, since your posting would
>provide sufficient evidence of a copyright infringement for them to sue
>in good faith.
>
>As far as your Constitutional rights go, there are two points that are
>important:
>
>(1) They would not be suing to restrict your speech. They would be
>suing to stop a copyright infringement. Free speech does not override
>copyright, since copyright too is in the Constitution (see Article I
>Section 8 Clause 8 (if I've counted correctly...)).
>
>(2) Last time I checked, Id was not a government.
>
>--Tim Smith
First off, with regard to the original post, anyone can sue anyone for
just about anything... this doesn't mean, however, that it will ever
end up in an actual court... When a private party sues another, it is
just a motion. This does not mean that it will "go through."
Secondly, if someone posts a message stating something (such as
"I have a pirated copy of DOOM II" or "I just broke into my
neighbor's house"), this does not lend enough proof for a lawsuit.
With the exception of national security, I can say anything I want
regarding just about anything... if someone wants to try to sue
me (such as a company whose software I pirate (a ficticious example)),
the court would most likely throw it out (if the company foolishly decides
to even pursue it in the first place).
If a government agency tries to get a search warrant to go into my house on
this basis, it would most likely be turned down. And, if they try to
do something else, it would naturally be a violation of my Fourth Amendment
right to unreasonable search & seizure.
All in all... an electronic post on a bbs or newsgroup does not lend
substantial proof that the message originated from that person anyhow. True,
it's there account, but there are ways of falsifying (tough, but it can
be done) or actually posting the message from their account. This is
why it's tough to prove things in court with regard to e-mail and electronic
postings.
Dave Pfrommer
pfrommer@scus1.ctstateu.edu