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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."

6 of 637 comments (clear)

  1. RIAA's investigative methods by bombboyer · · Score: 5, Insightful

    Doesn't this prove something about the RIAA's investigative methods? Let's assume that the woman is telling the truth, she has in fact never touched a computer in her life, therefore she has not downloaded the music in question. Meaning she has been FALSLY IDENTIFIED by the RIAA's investigative methods (whatever those may consist of).

    My question is, now that this obvious inconsistency has been exposed, what does this mean to those that have already been convicted? Isn't it to say, if you incorrectly fingered this woman as a pirate, how can you prove that you accurately identified me as a pirate?

    1. Re:RIAA's investigative methods by bm_luethke · · Score: 5, Insightful

      "The page linked to is that of the woman's lawyer. "Let's automatically believe something the lawyer said" is the last thing I'd ascribe to the typical Slashdot reader. The fact that you're doing so, you're openly admitting it, and you're +5 is really quite astonishing. Well done, my good man. But in case you (and the people who modded you up) weren't aware, of course her lawyer is going to try to convince people that she's innocent. That's what lawyers are paid to do."

      That's silly. First off Lawyers aren't supposed to lie. Yes, I know like any human they are motiated by money to some extent, but the original poster said "Let's assume" which means - well - to assume it's the truth. Given his statement if it turns out to be a lie then the rest is worthless. Like any "If..then.." statement the later clause is only relevant if the "if" part is true. That's basic programming logic and as a slashdot user I'n shocked you don't see this. It's amusing that you want the RIAA to have every case stand on it's own but lawyers in general to be derided. There is no reason to believe that this lawyer told the truth or lied, so for the sake of the original poster lets assume that he told the truth. In fact, based on your own logic you shouldn't have any rael opinion.

      "The proper thing to do is to judge each case on its own merit."

      Really, do you truly believe this? If so, were I the RIAA, I would sue everyone. Those innocent would go free, those guilty would face the consequences. I'm not anti-corperation by any means (not even anti-RIAA either), but I'm anti-stupid lawsuit (nothing says the RIAA can not become a useful member of society and I wish it would). The RIAA has shown in the past a willingness to blanket sue which should be punishable. Your past actions should be part of the lawsuits. Of course, if you are guilty then what you say is true (because the prosecution has a vendetta is no reason to get off if you broke the law), but in the case of the blatantly innocent and negligent lawsuit it *should* be part of your past history that you are willing to blanket sue. It becomes important then. A simple "Each case on it's own" only works in the case where each participant is acting in good faith, once one side doesn't it needs to be punished.

      "This is how you would want to be treated if you were brought into court for anything, isn't it?"

      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. Wouldn't you rather that happen if you were one in a long line of wrongly accused?

      --
      ------- Sorry about the spelling, I suffer from two problems. Dyslexia makes it difficult to spell well, lazy makes it
  2. Truth in blurb? by beoswulf · · Score: 5, Insightful

    Okay, did I read the correct story? So she may have never used a computer, but I assume she is paying for the cable or dsl service that is likely attached to her television or phone bill? Or a child used her credit card to open an AOL account... And that there is someone in her household who uses the internet she is paying for to share music on p2p? That happens all the time in these cases. A kid shares the music and the parent is blissfully ignorant. The way the blurb is phrased sounds like it was written by Pravda. Is there another article with more details?

  3. Re:That's pretty shocking. by hhawk · · Score: 5, Insightful

    Sounds like some one in her home used her name/credit to buy Net Access leading them to sue her rather than whoever used the computer. Or perhaps this is a case of an identity thef!

    It is also of course factually wrong that she has never used a computer. People use them all the them. There are embedded system in microwaves, ovens, washing machines, medical devices, etc. It would be impossible for anyone but the Unibomber to have never used anything that contained a computer... of course they mean personal computer/PC.. well, they should say that..

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    http://www.hawknest.com/
  4. Sadly by hey! · · Score: 5, Insightful

    it doesn't matter.

    RIAA doesn't sue people for the money.

    It doesn't even sue people to get them to stop doing whatever they are supposedly doing.

    They sue them for the publicity.

    This is worse than mere barratry: the more outrageous the abuse of the legal system, the more it suits there purpose. They'd send a spurious C&D to a deaf vegan paraplegic nun who runs a homeless shelter, if they could find one. In fact, brazenly baseless accusations are better than substantive ones; it gets the point across without the expense of a trial.

    They're trying to establish a reputation like the La Cosa Nostra. And they want to use that reputation exactly the same way: to create de facto privileges that do not exist de jure, e.g. "You don't want to park there, that's Vinnie the Hatchet's spot."

    And you can't call them to task for their misappropriation of state machinery to despoil private individuals of their fundamental human right to be left alone; not without talking about it, which is exactly what they want you to do.

    --
    Post may contain irony: discontinue use if experiencing mood swings, nausea or elevated blood pressure.
  5. Re:I'm starting to think the RIAA picks at random. by bosabilene · · Score: 5, Insightful

    In the old days people had a way of dealing with people like the RIAA execs. They grabbed them, stripped them, beat them, coated them in tar and feathers. In other words they made a public example of them to discourage other similar-thinking assholes from doing the same thing. Are we too civilized for that today?