ExtraTorrent.cc - The Largest Bittorent SystemLogin   |   Register
Latest Articles
Most searched
Hot torrents
First Cams
View Torrent Info: Max Steel 2016 HC HDCAM UnKnOwN
View Torrent Info: Allied 2016 HDCAM x264 AC3 HQMic-CPG
View Torrent Info: Underworld Blood Wars 2016 HDCAM NAKRO
View Torrent Info: Moana 2016 HD-TS XviD AC3-CPG
Hot torrents
View Torrent Info: The Fight Within.2016.HDRip.XviD.AC3-EVO
View Torrent Info: Spectral.2016.HDRip.XviD.AC3-EVO
View Torrent Info: The.Disappointments.Room.2016.DVDRip.XviD.AC3-EVO
View Torrent Info: All.We.Had.2016.HDRip.XviD.AC3-EVO
Hot torrents
H264 X264
View Torrent Info: David.Brent.Life.on.the.Road.2016.720p.BRRip.x264.AAC-ETRG
View Torrent Info: Blood.Father.2016.1080p.BluRay.DTS.x264-ETRG
View Torrent Info: Imperium.2016.1080p.BluRay.DTS.x264-ETRG
View Torrent Info: Suicide.Squad.2016.EXTENDED.1080p.BluRay.DTS.x264-ETRG
Hot torrents
View Torrent Info: Ash.vs.Evil.Dead.S02E10.WEBRip.X264-DEFLATE[ettv]
View Torrent Info: UFC 206 PPV Holloway vs Pettis HDTV x264-Ebi [TJET]
View Torrent Info: Saturday.Night.Live.S42E09.John.Cena.Maren.Morris.WEBRip.x264-FUM[ettv]
View Torrent Info: Ghost.Adventures.S13E11.Zalud.House.HDTV.x264-SPASM
View Torrent Info: Mohenjo Daro (2016) HQ 1080p Blu-Ray x264 ATMOS 7.1 ESub -DDR
View Torrent Info: Befikre (2016) - 720p - DesiSCR - x264 - AC3 - [DDR]
View Torrent Info: Morgan.2016.1080p.BRRip.x264.Turkish.AC3-ETRG
View Torrent Info: Rustom (2016) HQ 1080p Blu-ray x264 Atmos 7.1 ESub -DDR
To add new messages please Login or Register for FREE
Warning! Use a VPN When Downloading Torrents!
Your IP Address is   Location is United States
Your Internet Provider and Government can track your torrent activity!  Hide your IP ADDRESS with a VPN!
ExtraTorrent strongly recommends using Trust.Zone VPN to anonymize your torrenting. It's FREE!

ExtraTorrent.cc > Articles > Innocent Infringer Case Refused To Be Heard Again

Innocent Infringer Case Refused To Be Heard Again

Innocent Infringer Case Refused To Be Heard Again

Added: Monday, December 6th, 2010
Category: Recent Headlines Involving File Sharing > Ridiculous Criminal Trials
Tags:ET, p2p, Torrent, Piracy, Peer To Peer, Network, Hackers, Internet, BitTorrent, Google, utorrent, bitcomet, extratorrent, 2010, www.extrattorrent.com
The court declined the appeal by Whitney Harper asking to determine whether or not she can claim “innocent infringement” exemption. She explained that she had both no knowledge and understanding of file-sharing and copyright violation. She particularly pointed out that no P2P programs told her that material available on their networks was illegal.

However, the Supreme Court recently refused to hear the case of Whitney Harper against Maverick Recording Company. She was accused of unauthorized downloading of 37 copyrighted tracks while she was 14-16 years old. At her first hearing she was granted an “innocent infringer’s” exemption with the ruling to pay $200 per each case of violation instead claimed $750.

Whitney Harper claimed that she was an “innocent infringer”, insisting that she had no way to learn the information of the illegality of her actions before the ongoing lawsuit. However, even though the fist judge agreed, in part, the case was revoked earlier in 2010 by the Fifth Circuit Court of Appeals, which decided that copyright notifications stuck to CDs were sufficient notifications.

Now Justice Samuel Alito, said that “innocent infringer” defense claimed under the existence of these notifications “can’t apply”, because the provision was adopted 22 years ago, well before online digital files. He especially singled out for criticism that the court even didn’t take into account the Harper’s youth – age of 16, as well as obvious absence of “legal sophistication” when believing that Whitney should have had “reason to believe” that what she did was illegal. He states that although the term “reason to believe” is just an objective standard, it’ still clear that specific objective characteristics of the infringer in question, for example, age, may not be taken into considerataion.

However, if a 16-year-old girl, clearly demonstrating no knowledge and understanding that she was violating the others copyrights, is refused to claim an “innocent infringer” defense, then the question is who can then? While it’s incontestable that Harper did commit a crime, the amount of damages to be awarded can still be reviewed, but the court declines to agree.

December 6th, 2010

Posted by: 

Date:  Monday, December 6th, 2010

Comments (2) (please add your comment »)

posted by (2010-12-06 19:26:44)
No avatarhi you all well when the judges are all old men with there old ideas laws that are from the olden days and are not up with the www and the world at this time then what do you expect' old 18th centuary laws that have been corupted with the people with the money in 21st centuary
yours awg50

posted by Blocked (2010-12-06 21:03:51)
menahunie avatarInteresting that the "Justice" stated: Now Justice Samuel Alito, said that “innocent infringer” defense claimed under the existence of these notifications “can’t apply”, because the provision was adopted 22 years ago..........

Interesting since many of the laws except the DCMA that are being used against "infringers" are as old or older than 22 years.
You notice all the laws used by the RIAA and MPAA and others don't use the DCMA?

The "justice" even goes as far as state AGE HAS NO BEARING ON AN INFRINGEMENT... I can not wait to see them the MPAA drag a five year old into a copyright law suit for download TeleTUBBIES...

Articles Search
Most Popular Stories
Articles Categories
Articles Tags

Home - Browse Torrents - Upload Torrent - Stat - Forum - FAQ - Login
ExtraTorrent.cc is in compliance with copyrights
BitCoin: 12DiyqsWhENahDzdhdYsRrCw8FPQVcCkcm
Can't load ExtraTorrent? Try our official mirrors: etmirror.com - etproxy.com - extratorrentonline.com - extratorrentlive.com
2006-2016 ExtraTorrent.cc4