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RIAA Defendant Says Kazaa Settlement Bars Case

NewYorkCountryLawyer writes "The defendant in Arista v. Greubel has filed an answering statement. The statement says that the RIAA's case against him, since it's based upon his use of Kazaa, is barred by the RIAA's receipt of $115 million from Kazaa. Mr. Greubel also challenged the constitutionality of the RIAA's $750-per-song damages theory, saying damages should be limited to $2.80 per song. See the previous Slashdot discussion of that issue and Judge Trager's decision in UMG v. Lindor."

7 of 174 comments (clear)

  1. The RIAA Has To Sue.... by 8127972 · · Score: 5, Funny

    ..... Or the terrorists win.

    --
    This is my opinion. To make sure you don't steal it, it's covered by the DMCA.
  2. Re:Jury trial by NewYorkCountryLawyer · · Score: 4, Funny

    We don't need jury nullification. The plaintiffs have no case.

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    Ray Beckerman +5 Insightful
  3. Re:Has the RIAA won any court cases by HTH+NE1 · · Score: 5, Funny

    How on earth is this story anything like 1984?

    We have always been at war with the RIAA.

    --
    Oh, say does that Star-Spangled Banner entwine / The myrtle of Venus with Bacchus's vine?
  4. Re:Has the RIAA won any court cases by default+luser · · Score: 4, Funny

    A win on either defense would probably put the RIAA litigation juggernaut out of business.

    That, or else you might start getting served papers for $2.80 in damages :D

    --

    Man is the animal that laughs.
    And occasionally whores for Karma.

  5. Re:Has the RIAA won any court cases by Fulcrum+of+Evil · · Score: 3, Funny

    Cool - send them a twenty and go download some more stuff.

    --
    "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
  6. Re:Yeah... by Plaid+Phantom · · Score: 2, Funny

    Suddenly all the rhetoric, philosophy, and law that I've read in school is falling into place. It's like a giant Tetris chain.

    --
    All comments are properties and trademarks of the voices in my head. Not like I'm gonna claim them.
  7. Reminds me of my wife's granddad. by Ungrounded+Lightning · · Score: 3, Funny

    Cool - send them a twenty and go download some more stuff.

    Reminds me of my wife's granddad and the KKK.

    They objected to his choice of wife. One of their members came out to his farm (as he was mending a fence with wife's pop - then a toddler - holding a tools for him) and ordered him off his land and out of the area. He waited until the guy turned around, then beat him unconscious, loaded him onto his mule-drawn wagon, and set the mules walking back home.

    Sheriff came out to demand he come into town to be tried for assault. He said he'd be in the next day.

    Came in and went to the judge's office. (Judge, of course, also KKK.) Judge told him the fine was something like $100 (a small fortune at the time). He laid down twice the fine.

    "What's that for?" asks the judge. "I figure I'll pay for the next one in advance."

    Then he beat the tar out of the judge.

    (How he avoided the lynch mob is a separate story. And don't try this at home - or in court - these days, kiddies.)

    --
    Bantam Dominique roosters crow a four-note song. Once you've heard it as "Happy BIRTHday" you can't NOT hear it that way