Hum post got ate, oh well its a shame they dont lose more cases.
But did see ths posed anywhere else.
Victory opens doors for more successful defenses.’ -
The Recording Industry Association of America (RIAA) has made a household name for itself over the last seven or eight years, in its increasingly aggressive pursuit of those that it suspects to be downloading music. The RIAA would threaten to sue those who didn’t settle. Settlements typically were anywhere from a couple thousand to $10,000 USD. Those who fought the RIAA would likely lose far more.
However, the tide has seemingly turned, with a number of key losses have the RIAA reeling. Among these is the precedent-setting rejection of “making available” claims. According to the new precedent, the RIAA now has to provide actual proof that someone downloaded shared files, not merely that they had been made available. Such proof is much harder to obtain.
Another pending case may soon eliminate the use of MAC addresses as evidence, only allowing IP address to be used.
The RIAA lost another significant case against Tanya Andersen. Ms. Andersen was accused of downloading gangster rap under the username “gotenkito”. However, forensics experts found no evidence of file sharing on her computer.
The judge had little sympathy for the RIAA’s tactics and wastefulness of the court’s time. He ordered $107,834 in attorneys’ fees to be paid to the defendants. The record award was considered a major victory for those who stand accused by the RIAA, as more attorneys will be willing to take on their cases, realizing the potential for significant fees.
The RIAA didn’t go down without a fight. It first tried to offer Ms. Andersen only $30,000. After realizing this wouldn’t work it sweetened its offer to $60,000. She refused, and a judge refused to lower the award. The RIAA finally caved in and paid, as an official document reads, “Together with the $117.03 off accumulated post-judgment interest, the total amount of the $107,951.03 has been fully paid and satisfied by the Judgment Creditors.”
The slight difference of just over $100 between the initial award and final payment is due to interest.
Ms. Andersen is not finished with the RIAA, though. She plans on taking the fight to them and is part of a large class action suit against the RIAA which accuses them of violating federal anti-racketeering laws
The people who are in the upper levels must be hitting the back doors and jumping out of windows. There isn't much public backing for going after music and recording piracy, anyway. It's not like more visible crimes and much less known. It's good to see that they didn't talk their way out of paying what they owed.
I for one think this would make an awesome John Grisham novel, a work far more awesomer than his recent lackluster stories. It would also be relevant as well
Fuck the RIAA. I hope they crash and burn.
"DO YOU WORSHIP HOMOSEXUALS?" - Curtis Saxton (source) shroom is a lovely boy and i wont hear a bad word against him - LUSY-CHAN! Shit! Man, I didn't think of that! It took Shroom to properly interpret the screams of dying people - PeZook Shroom, I read out the stuff you write about us. You are an endless supply of morale down here. :p - an OWS street medic Pink Sugar Heart Attack!
Random Question:Pardons
Can a Pardon be used against these types of lawsuits?
OAN:Victory, Victory against the Mob.
"A cult is a religion with no political power." -Tom Wolfe Pardon me for sounding like a dick, but I'm playing the tiniest violin in the world right now-Dalton
A drop in the bucket for them. I'll be more excited when the RIAA regularly has to pay out millions for their frivolous lawsuits. That would teach them. This is a minor setback for them at best, and at worst will only redouble their efforts to bribe stupid elderly politicians into putting their demands into law.
DPDarkPrimus is my boyfriend!
SDNW4 Nation: The Refuge And, on Nova Terra, Al-Stan the Totally and Completely Honest and Legitimate Weapons Dealer and Used Starship Salesman slept on a bed made of money, with a blaster under his pillow and his sombrero pulled over his face. This is to say, he slept very well indeed.
Good riddance. Although I'm opposed to piracy, the record companies have been acting like stereotypical feminazis who accuse any and all men who even glance at them, of rape.
Mayabird wrote:This is a minor setback for them at best, and at worst will only redouble their efforts to bribe stupid elderly politicians into putting their demands into law.
Hopefully, a few angry letters from their constituents will remind the politicians that all the bribes they're getting from the record companies won't get them elected/reelected if they do something to seriously piss off the voters.
Those gun nuts do not understand the meaning of "overkill," and will simply use weapon after weapon of mass destruction (WMD) until the monster is dead, or until they run out of weapons.
They have more WMD than there are monsters for us to fight. (More insanity here.)
Mayabird wrote:A drop in the bucket for them. I'll be more excited when the RIAA regularly has to pay out millions for their frivolous lawsuits. That would teach them. This is a minor setback for them at best, and at worst will only redouble their efforts to bribe stupid elderly politicians into putting their demands into law.
On the positive side, the precedent set by this will mean it will be much harder for them to extort money from people without much higher levels of proof than they've been getting away with.
"It's you Americans. There's something about nipples you hate. If this were Germany, we'd be romping around naked on the stage here."
Reality was bound to catch up with the RIAA sooner or latter. You can get away with messing around with reality for the first few times, but as the Bush Administration demonstrates, the chickens and credit card debt will eventually come home to roost.
Turns out that a five way cross over between It's Always Sunny in Philadelphia, the Ali G Show, Fargo, Idiocracy and Veep is a lot less funny when you're actually living in it.
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- PeZook
