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RIAA Sues Woman Who Has Never Used a Computer
boarder8925 writes "Marie Lindor, a home health aide who has never bought, used, or even turned on a computer in her life, was sued by the RIAA in Brooklyn federal court for using an 'online distribution system' to 'download, distribute, and/or make available for distribution' plaintiff's music files. She has requested a pre-motion conference in anticipation of making a summary judgment motion dismissing the complaint and awarding her attorneys fees under the Copyright Act."
In a fair world this would be subject to a painful (for the RIAA) counter-suit. But then again, in a fair world you wouldn't have corporations running around bankrupting whoever they felt like just to make an example of them in the first place.
I for one welcome our new Corporate Overlords! Oh, they aren't new...
I swear we should be allowed to give mod points to sigs... "-1, Offtopic"
Not so fast here. She is trying to get a summary dismissal. Right now presumably the RIAA has enough evidence (IP address, name, street address, list of songs) to go to trial. Of course, discovery would show that it's not her, but that would have to happen first.
In other words, this case will be dismissed, but not summarilly.
dom
I igree, boycot RIAA altogether, meaning don't pirate the music either.
Check your CD's/songs: http://www.magnetbox.com/riaa/
Re: The lady maybe never touched the computer, but what about the kids? She's responsible for their actions!
You sure? Marie Lindor and Patricia Santangelo both live in New York.
"Today, all States but New Hampshire and New York have provisions holding parents civilly responsible for youth crime, with an average maximum recovery amount of $4,100." - Parent Responsibity Laws.
IANAL
Reduce, reuse, cycle
That is what is really bad, because just about everyone violates copyright, from your parents down to your little kid brother. It is like arresting people for being terrorists because they had bomb making materials under their sink...as does just about every single person in America.
If we are going to have laws, the punishment should fit the crime, and getting 60,000.00 out of some poor sap for doing the same thing that every other person is doing is just wrong. If someone was printing up 10 thousand copies of a CD to sell at flee markets, that might be a reasonable fine (maybe).
What we need to do is have some good old fashioned Black Sabbath The Mob Rules...and run a few RIAA execs up on a tree with a rope. Maybe that would put into perspective for them the concept of punishment fitting the crime.
Usurper_ii
Ron Paul
- Hunter S. Thompson
Never try to beat a professional at his own game!
Actually, it's not a motion to dismiss, but a motion for summary judgment. That's a key difference. A motion to dismiss would *admit* everything the RIAA says, then contend it still doesn't have a case - so no necessity for evidence, because there are no facts in dispute.
Where a motion to dismiss says, in effect, "Even if you're right, so what?", a motion for summary judgment says "We'll show you facts that are so clear we don't even need to go through the hassle of a full trial." Then you provide evidence (usually by means of an affidavit or some other way short of the full trial-witness-cross examination thing). If the other side can't seriously dispute those facts, and those facts indeed add up to "You win!", cool - you've just saved everyone the time and expense of a full trial.
Yes, IAAL.
This guy?
5 2.stm
http://news.bbc.co.uk/1/hi/wales/south_west/46269
If you know him, why didn't you know he had a BBC article about him?
"There are more important things than stopping terrorism. Upholding the Constitution is one of them." - Ars Forumer.
Nope, another guy, near Glasgow. And that's a 6-year-old tractor that's currently in use, not a 46-year-old tractor that's in bits in a hedge.
Interesting though.
"No, after being the 100'th person who is wrongly accused and had to spend 10's of thousands in lawyers fees I would like the court system to slap the prosecution down."
So you don't understand the difference in case types?
Your rant is unwarranted by TFA. The defendant's attorneys have (from linkage) "requested a pre-motion conference in anticipation of making a summary judgment motion dismissing the complaint and awarding her attorneys fees under the Copyright Act."
Punitive damages can be added by the judge. By the way, bear in mind the Copyright Act is referred to by the defense.
Here's an interesting article on the misquotes.
Rucker
There are also some who provide in-home care for those individuals who still live in their own houses, cooking meals and going shopping, driving them to doctor's appointments, what have you; the CHHA stays with them during the day and the old person has the house to him/herself at night.
My fiancée is a CHHA (she's 24 and working her way through school to get a teaching degree), and has held both kinds of positions, and typically does work with dementia paitents. But not all CHHA's are young: I know a woman who is in her 70s and does the same work.