RIAA Drops Case In Chicago

NewYorkCountryLawyer writes, "The RIAA has dropped the Elektra v. Wilke case in Chicago. This is the case in which Mr. Wilke had moved for summary judgment, stating that: '1. He is not "Paule Wilke" which is the name he was sued under. 2. He has never possessed on his computer any of the songs listed in exhibit A [the list of songs the RIAA's investigator downloaded]. He only had a few of the songs from exhibit B [the screenshot] on his computer, and those were from legally purchased CDs owned by Mr. Wilke. 3. He has never used any "online media distribution system" to download, distribute, or make available for distribution, any of plaintiffs' copyrighted recordings.' The RIAA's initial response to the summary judgment motion, prior to dropping the case, had been to cross-move for discovery, indicating that it did not have enough evidence with which to defeat Mr. Wilke's summary judgment motion. P2pnet had termed the Wilke case yet another RIAA blunder."

Comments

Counter?

[ColaMan]

So is he going to counter-sue for the time and money spent defending himself against the allegations of the RIAA?

Re:Counter?

[ColaMan]

Loser-pays, man. Loser-pays.

But he didn't lose, the case was dropped, "amicably". Nobody won, nobody lost. But the guy is still out his time and legal expenses. What if they'd searched his house, confiscated his equipment, sent him to the point of bankruptcy with legal fees and then went, "Ah, hah-hah, we ,er, don't have a case. Yeah, er, sorry about that. Let's call it even, eh?"

Or worse, at that point, they say, "Well, the evidence is shaky. But we've got the time and money to draaaag this out.We're very persistent, you know. We believe you're guilty of *something*. Care for an out-of-court , undisclosed, settlement?"

How many cases does the RIAA have to screw up like this before the law realises that they're out firing random lawsuits at people on the internet?

Re:Just so I actually understand this correctly

[B3ryllium]

He didn't beat them in court, there was no judgement. They just backed out of the lawsuit.

And do you support a legal system where someone can sue YOU, using information that is so inaccurate that they actually don't even have your proper name?

RIAA vs. Osama Bin Laden Aliscool, tonight, on THE PEOPLE'S COURT.

here's one

[Anonymous Coward]

Try a price fixing cartel. Technology indicates that pre recorded music should be much cheaper than what it is, yet you look on the shelves-and it isn't? Coincidence, or large scale and entrenched (and ignored) price fixing? Or if you are an "artist", how about for fraud. Their contracts would make a mafia loan shark blush. Or how about collusion for bribery in congress? How about no matter how many of them get caught doing some form of payola, none of them are ever forced to stop being in the recording and distribution business *at all*? Why is they are allowed to continue, decade after decade, getting away with the same crimes and just passing along their joke fines they get wussy slapped with to the consumer?

There are several potential avenues to explore.

Re:Just so I actually understand this correctly

[tchristney]

Piracy is wrong. However, using the term pirate to refer to a copyright infringer really makes the act sound much worse than it actually is. It's propaganda, plain and simple. Try and keep a little perspective on the rhetoric, OK?

Re:Change in attitude?

[rolfwind]

You still don't get it, do you? They'll find you. That's what they does. That's all they do! You can't stop them. They'll wade through your lawyers, reach down your throat, and pull your fucking heart out.

Listen. And understand. The RIAA is out there. They can't be bargained with. They can't be reasoned with. They don't feel pity, or remorse, or fear. And they absolutely will not stop, ever, until you are dead.