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Explanation: Sometimes the sky itself is the best show in town. On January 26, people from Perth, Australia gathered on a local beach to watch a sky light up with delights near and far. Nearby, fireworks exploded as part of Australia Day celebrations. On the far right, lightning from a thunderstorm flashed in the distance. Near the image center, though, seen through clouds, was the most unusual sight of all: Comet McNaught. The photogenic comet was so bright that it even remained visible though the din of Earthly flashes. Comet McNaught continues to move out from the Sun and dim, but should remain visible in southern skies with binoculars through the end of this month. The above image is actually a three photograph panorama digitally processed to reduce red reflections from the exploding firework.
The labels allege that 11 specific tracks were shared by the Howells, though the only evidence of such sharing was the fact that the files were in a shared folder and were also downloaded by the RIAA's investigative arm, MediaSentry (now SafeNet). According to the EFF, though, this simply is not evidence of actual copyright infringement. The group takes no position on whether the Howells are guilty or not, but it does want to challenge this particular method of attack.
Because the law specifically gives copyright owners the ability to control copies distributed "to the public," the music labels need to show that such distribution took place. The EFF points out that the copyright holder itself can hardly be considered "the public," and goes on to claim that "an authorized agent acting on behalf of the copyright owner also cannot infringe any rights held by that owner." Their conclusion is therefore that "where the only evidence of infringing distribution consists of distributions to authorized agents of the copyright owner, that evidence cannot, by itself, establish that other, unauthorized distributions have taken place."
The music labels appear to be claiming, in essence, that because MediaSentry was able to download the files, it's pretty darn likely that at least one member of the public did so—but they don't actually offer evidence that this happened.
The EFF, turning to mathematics to defend its argument, points out that 2.2 million KaZaA users were online back when MediaSentry grabbed the files in question. Because the songs in question were from hit records and not niche indie bands, the EFF says that "it is highly unlikely that, among the millions of KaZaA users who are likely to be sharing them at any time, these 11 songs would have been downloaded from Defendants' computer."
The EFF wants to put the brakes on the labels' "making available" theory and force the labels to show actual distribution to members of the public. The ramifications extend far beyond this particular case and even beyond the music industry's lawsuits in general, and could affect everything from satellite radio to search engines.
Although attempted copyright infringement isn't yet illegal, it could be in the future. Rep. Steve Chabot (R-OH) introduced the Intellectual Property Enhanced Criminal Enforcement Act of 2007 last summer. The bill, which was backed by the Justice Department, would allow some prosecutions for "attempted infringement." That bill, fortunately, has gone nowhere. Yet.
FORT WORTH, Texas — A father sodomized his 18-year-old stepson to avenge the teenager's alleged rape of the man's 8-year-old daughter, police said.
The father, 32, turned himself into to authorities on Friday and was released from jail Saturday after posting a $17,500 bond. He faces a charge of aggravated sexual assault.
The stepson was arrested Jan. 2 and charged with suspicion of aggravated sexual assault. Police say the father caught him assaulting his daughter, and a subsequent examination at a hospital revealed the girl had been sodomized.
Sgt. Cheryl Johnson, supervisor of the Fort Worth sex crimes unit, said in a story posted Saturday on the Fort Worth Star-Telegram's Web site that people need to "allow the criminal justice system to work for them."
"This is a very unique case, but we have a criminal justice system in place, and no one can take the law into their own hands," Johnson said.
The Star-Telegram didn't identify the father or the stepson to protect the identity of the girl. Fort Worth police didn't immediately return phone and e-mail messages from The Associated Press.
When the stepson was arrested, the man warned his wife not to get the teenager out of jail. She posted bond for the teen's release. When he called home Jan. 3 after getting released, the father took the call and picked him up, police said.
Instead of taking the teenager home, the Arlington man drove to an abandoned house in Fort Worth, beat his stepson with a baseball bat and sodomized him with a metal tool, police said.
After the man left, the stepson found a pay phone and called police, who searched the abandoned home.
"We did find evidence at the scene to corroborate our victim's story," Johnson said.
The victim's friends told officials investigating the Saturday night incident at the Hollywood & Highland Center that the man "had been drinking quite a bit," said Los Angeles police Officer J. Boyer.
Boyer said the man lost his balance and plunged several stories onto the steps of a moving lower-level escalator.
The man was not identified. He was taken to a hospital where he was declared dead from a head injury.
The Hollywood & Highland Center also holds the Kodak Theatre, where the Academy Awards are held.
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