RIAA Mischaracterizes Letter Received From AOL
NewYorkCountryLawyer writes "In Elektra v. Schwartz, an RIAA case against a Queens woman with Multiple Sclerosis who indicates that she had never even heard of file sharing until the RIAA came knocking on her door, the judge held that Ms. Schwartz's summary judgment request for dismissal was premature because the RIAA said it had a letter from AOL 'confirm[ing] that defendant owned an internet access account through which copyrighted sound recordings were downloaded and distributed.' When her lawyers got a copy of the actual AOL letter they saw that it had no such statement in it, and asked the judge to reconsider."
Hey, I got a link directly to what AOL's letter said, Thanks editors, its more convenient than ever!
Some people encrypt by using rot-13 twice. I prefer the more secure method of using rot-1 a total of twenty six times.
Ms. Schwartz needs a stern talking to.
This wouldn't be slashdot without the MS-bashing, would it? :-)
If you believe everything you read, you'd better not read. - Japanese proverb
Don't you see what the submitter is trying to say? She has a dreadful disease, therefore she can't possibly be guilty! Get with the program, dude!
Drill baby drill - on Mars
It's not called 'lying' ... it's called 'pretexting' ... corporations don't lie - they 'pretext'.
They think she is actually capable of downloading music? -_-
You know you're screwed up if you've ever used xor in a casual sentence without thinking about it as I have, as in "would you like cake exclusive or pie?".
"172.200.205.238" on "2005-11-25" at "04:03:44 EST" is:
happy to see that someone else actually appreciates the Joni Mitchell collection they've complied
"172.143.208.80" on "2005-11-26" at "01:48:14 EST" is:
wondering if MSgurl2459 is really as edgey as her taste in 3-6 Mafia seems to be. Wonders if MS stands for Microsoft (ooh a cute nerd chick!)
My spouse is chronically mis-construing what I say since I say what I mean in boolian logic.
if this not that
this and that
she now understands.
neuron's start popping when I go or, xor, xnor, and to some extent nand.
The problem is that in "plain 'ol english" the word or is often interpreted as xor. Really a parser error. Anyone got the wife.parser.1.1b patch?
-nB
whois gawk date unzip strip find touch finger mount join nice man top fsck grep eject more yes exit umount sleep dump
Here's some helpful hints for the RIAA.
1. If consumers like you, they will buy more of your product.
2. If you stop suing consumers, they will hate you less.
3. If you create something new, consumers will be more inclined to buy your products.
4. If you create something that's not easy to steal, people won't steal it so much.
Here's something new that I (a consumer) would LOVE to buy. The tools for this idea are already widely available and used by almost everyone.
Take a Wii with that new style nunchuck controller (or whatever it's called. The thing you wave around in the air). Add a wireless dance pad. Create a dancing game that uses foot movements and hand gestures. You know, dancing. Then put an online store for ordering additional dance tracks, game accessories, etc. Make is so you can link several of these dance mats together at a party. Make international online tournaments with prizes, titles, and a televised championship. Put them in arcades. Put them in fitness centers.
Is that a perfect idea? Hell no. Is it something I would pay $600.00 for this Christmas? Hell yes.
I was cremated, you insensitive clod!
(And it's not like this argument is my idea, I've read it in dozens of other slashdots posts about this subject, and agree.)
Attribution is no excuse.
The fact is, you did steal that argument.
Think of all the karma-starved slashdot posters - how are slashdot posters going to feed their families if they can't be compensated with the karma they deserve for the work they do?
When information is power, privacy is freedom.
i will take just the cake... and eat it too.
'...if only "Jumping to a Conclusion" was an event in the Olympics.'
It is scary how all these people on slashdot are twisting the truth just because they hate the RIAA.
The RIAA simply said AOL confirmed she does have an account and was using the IP account from which they traced stolen music.
She and her lawyer need to come up with more BS to explain her claims of being internet ignorant. I am guessing they will try the virus excuse; A virus set her up with AOL and stole the music.
Sorry guys, but the RIAA is not going after innocent people. They can get sued for that.
Agreed, but I take exception to your .sig... Shouldn't it be "iMac so I don't have to think"? (Not a bad thing, if you take the 'computers should be tools, not ends in themselves' school of thought, but I'll go for the troll factor instead ;)
This comment does not necessarily represent the views and opinions of the author.
Now THAT is a great band..I wouldn't illegally download their songs. http://www.theheartlessbastards.com/
Pandering to the lowest common denominator would be less frequent if more people were prime numbers.
I believe that Eddie Izzard asked it best, "Cake or Death"?
It must have been something you assimilated. . . .
Of course, the way the sentence is structured, all three claims are lumped together so that the sentence can be construed to mean that either the AOL letter confirms just the account ownership or that it confirms ownership AND downloading AND distributing. Such a sentence structure lets them give the wrong impression to the judge without saying anything that can be proven to be false (at worst, it can shown to be ambiguous). This gives an easy win if the Judge misunderstands and still allows them to claim that they didn't lie if they are caught-only that the sentence was misunderstood.
Seriously, this is exactly why lawyers and judge should debate in PROLOG, or any Turing complete programming language. Except Perl, it would make matters worse.
Maybe we deserve this world ?
>"American Online"
That is correct - they only have one customer left now.
I want a list of atrocities done in your name - Recoil
You can tell if a person has MS... They crash all the time... ~Diagnosed MS Patient 1-17-2004, rebooted twice...
Ask not what you can do for your country. Ask what your country did to you
Don't touch that patch! I applied it and while it meticulously fixed the or/xor error, it also broke several unrelated subsystems, some of which turned out to be mission critical - particularly in the bedroom!
There's no rollback option - I'm just stuck waiting for a 2.0 release. My support contract for 1.x doesn't cover this upgrade, so it's going to be hugely expensive. If you've got a functional 1.0, stick with it - just work around the parser bugs.
-Graham