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RIAA Defendant Says Kazaa Settlement Bars Case

Posted by ryuzaki0 on from the can't-have-it-both-ways dept.

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."

2 of 174 comments (clear)

  1. Has the RIAA won any court cases by ClaraBow · · Score: 5, Interesting

    against individuals or have all of them been settled out of court? This has been going on for so long that I've lost track!

  2. Re:Piracy Tax? by HappySqurriel · · Score: 5, Interesting

    Essentially that is what happened in Canada ...

    The Recording industry lobbied the government to introduce a tax on recordable CDs (and MP3 players IIRC) which was then paid out to the recording industry; later the recording industry wanted to sue individuals in Canada for downloading music and it was ruled that people had already paid for the music through this tax.