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Fighting RIAA Without an Attorney
2think writes "Yahoo News is reporting that Patricia Santangelo of New York will be taking on the RIAA in court without an attorney. It seems that Ms. Santangelo has committed over $24,000 due to her case and simply cannot afford to continue with the services of an attorney." From the article: "Her former lawyer, Ray Beckerman, says Santangelo doesn't really need him. 'I'm sure she's going to win,' he said. 'I don't see how they could win. They have no case. They have no evidence she ever did anything. They don't know how the files appeared on her computer or who put them there.'"
In a serious vein, if she wins it will set precedent and give hope to others that can't afford a lawyer.
The Mothership
'I'm sure she's going to win,' he said. 'I don't see how they could win.
Well, I don't know. Maybe her lawyer could stop defending her. Then they might win.
How and why is downloading something illegal? Wouldn't distribution be illegal because it's copyright infringement? But how or why is downloading be illegal?
Isn't that just an extension of freedom of speech? The freedom to listen/watch?
Is listening to someone, who didn't pay the RIAA, sing the copyrighted song Happy Birthday illegal? Or is flipping through a stack of unpublished/unlicensed photos illegal?
Is it because there's a copy of something on the computer? Would streaming be more legal?
I want to know what law is being broken. I looked this up in the internet and still have no definite answer. I simply need to know.
Damn right! I know it means nothing posting AC, but I'd pledge 50 just get the satisfaction of kicking the RIAA in the nuts. Hell, it would make up for all I've saved on boycotting their rubbish for the last few years. But think beyond money here people. She is up against 'experts' in a civil lawsuit. What will be decided fundamentally affects us all and it will be decided on who can provide the most convincing case. And what are many of us here if not experts in technology and technology law? All this woman seems to have is spunky confidence and a will to stand up for herself. As a practicing computer scientist with 15 years experience I feel confident I could destroy their case on any *technical* point. Just off the top of my head without any knowledge of the case...
Where did the hard disk come from?
Was it AND/OR the OS cleanly installed and by whom?
Who else had access to the machine, physical and remote?
If the RIAA were able to access it
i) did they trespass to do so?
ii) does this not mean anybody else also had remote access to the machine?
What evidence is there that the machine was not infected or part of a botnet?
How did the RIAA get hold of any ISP logs?
Do the logs conclusively prove a download was requested AND received?
Do the logs conclusively prove she personally was the instigator, bound to that IP address/timeframe?
If she had this data on her machine did she also have the means to decode it thus the means and intent to listen to it?
Lets see a full audit of every piece of code on that machine!
I'm sure y'all can do a lot better too. She shouldn't need to *hire experts*, she should have dozens of them gagging to jump into the fray and give the RIAA a bloody nose. I wonder why not. Is there something about this case that's not being aired?
I'm guessing the RIAA will drop the case anyway and try to find someone with a bit more cash on hand next time.
The RIAA does not sue individuals for the money. The RIAA sues individuals to garner press through which they intend to frighten entire populations of individuals into not downloading.
This whole story is tailor-made to their efforts. The moral of it is, even when it is impossible to prove the illicit origin of music files on your computer, you still might be unlucky enough to be involved in litigation that can cost you big bucks. The message is, "parents: monitor the content of your kids' hardrives carefully, lest it end up costing you. Digital music just ain't worth the potential hassle."
Intelligent strategy. But getting the story on slashdot during Christmas break is absolutely brilliant.
Maybe Computers will never be as intelligent as Humans.
For sure they won't ever become so stupid. [VR-1988]
1. Copying and sharing, the basis of all human culture and advancement, are somehow heinous crimes in the digital age.
This is what is known as "amphiboly" (look it up via google for a full definition.) Here you attempt to link the cuddly and innocent terms "copying", "sharing", "human culture and advamcent" with acts that break the social contract known as copyright. Copyright exists for a reason: the reasons should be well known to you by now and history and economics have shown UNQUESTIONABLY that the notion of copyright (and other IP mechanisms) (and the necessary enforcement that comes with it) are actually very useful for "human culture and advancement." While I'm sure you are just oozing with junior high logic as to why that is not so, the reality of the situation is that if you look accross ANY combination of industry, country segment, etc where there are strong IP regulations, in the overwhelming number of cases, having strong IP laws DO what they are designed to do: encourage production (and therefore, advance human culture.)
2. Seeing something is the same as doing something.
The problem with this argument is INTENT. When somebody downloads music off the internet that they do not have the righs to, they are generally VERY CLEARLY taking an action that any damn fool knows is illegal. Because the law views intent as important, this is why what is being done is bad. Plus, there is the fact that under many P2P programs, once you download something you automatically generally propagate it as well (consider how eDonkey works, for example).
3. The US's laws apply to everyone in the world, and are superior to every other law
Here you just like making cartoon attack against the USA. The fact is that in EVERYWHERE in the world where you are likely to be reading this (except for taiwan), IP laws have been harmonized to the point where the basics are the same. Sure, there have been some odd lower court rulings in Canada, France, etc, but generally these are eventually struck down and the basics upheld for the simple reason that all civilized countries are producers of IP and recognize that their economies (and therefore the welfare of the people) depend on IP laws being enforced.
4. Legality is more important than morality.
This is a general claim that we could also make of pirates who try to spin torturous explanations of "fair use" into how they can fairly share with millions of people anonymously. "Morality?" I dont know about morality, but I do know that strong IP rules make good economies which make higher standard of living for all - the link is blatantly obvious to anybody who has taken time to study this.
5. Your property belongs to some corporation instead of to you.
This is a nice attempt at a smear, but with no basis in reality. Many things are licensed, not sold, and we as a society have come to understand that there are necessary limits, for the good of all, to how intellectual goods can be distributed.
6. Creativity cannot exist without cartels and monopolies.
Oh stop already. This is cartoon nonsense.
7. Guaranteed profits are better than freedom.
Zzzzz..