11-24-2010, 08:38 PM
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It's 42
Industry Role:
Join Date: Jun 2010
Location: Global
Posts: 18,083
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Quote:
Originally Posted by Barry-xlovecam View Post
In a criminal trial ? beyond a reasonable doubt.
In a civil trial ? the preponderance of the evidence.
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Quote:
Originally Posted by gideongallery
this is for the pay us blackmail letter campaigns
it about the shoddy evidence used to make the threats, and it is a purely civil issue.
so i don't understand the comment.
if anything it means that if the evidence is too shoddy for a civil trial that level of evidence doesn't have prayer of surviving in a criminal trial.
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Let me shed some light on this:
An auto is illegally parked and is issued a ticket (a civil infraction and not a crime) ? his auto was parked illegally even if he did not drive it personally.
The same car is involved in a fatal accident ? vehicular manslaughter ? that is a criminal offense (involuntary or with intent (depends on the circumstances)). The owner will not be convicted of vehicular manslaughter unless the state can prove he was actually driving the car.
Copyright infringement (barring aggravating circumstance) is a civil tort ? a civil lawsuit and not an indictable criminal offense.
You may call this blackmail and some will agree. A damaged Plaintiff (read copyright holder) would say he simply wants compensation for the theft of his property.
Who is right here?
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