Curiously enough, RIAA is well aware that software such as Kazaa, often
shares files/folders without the users having knowledge of that fact...

http://www.ftc.gov/reports/p2p05/050623p2prpt.pdf

See page 8 (and thereabouts)

This was a report issued by the FTC and RIAA was party to the hearings
and reports and had many comments within this report attributed to the
RIAA.

Specifically, if you read through this motion...

http://www.ilrweb.com/viewILRPDFfull.asp?filename=elektra_barker_070110MTRtoJudge

specifically attaches the following comments to RIAA's Steven Gottlieb
(TVT Records)...

"As an initial matter, P2P software may, upon installation,
automatically search a user’s entire hard drive for content.
Files that users have no intention of sharing may end up
being offered to the entire P2P network. Continued sharing
of personal information is hard to avoid and is facilitated by
confusing and complicated instructions for designating
shared items. A study by Nathaniel S. Good and Aaron
Krekelberg at HP Laboratories showed that “the majority of
the users…were unable to tell what files they were sharing,
and sometimes incorrectly assumed they were not sharing
any files when in fact they were sharing all files on their
hard drive.”

So with reference to Howell, it's clear that RIAA is unconcerned whether
there occurred an act of putting files into a shared folder because they
already knew that it was possible for Kazaa to share music files without
knowledge or consent by Howell.

And with reference to the rest of the world, you can take as assurance
that if you have music files on your hard drive and they are public
enough for the RIAA to catalog and identify, you can expect to be sued
because they have absolutely no regard for your intent.

Yeah and obviously they do say different things in a trial than what
they say for public consumption as NPR proved.

Craig

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