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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."

24 of 287 comments (clear)

  1. Nothing to see here, please move along by Lordpidey · · Score: 2, Funny

    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.
    1. Re:Nothing to see here, please move along by indifferent+children · · Score: 3, Funny
      I hope someone corrects me if I'm wrong (then again, this is /. so there's no doubt about that.)

      Are you kidding? We'll correct you even if you're right!

      --
      Censorship is telling a man he can't have a steak just because a baby can't chew it. --Mark Twain
  2. Ms Schwartz needs... by yagu · · Score: 4, Funny

    Ms. Schwartz needs a stern talking to.

  3. Re:Sure, the **AA are evil... by KillerBob · · Score: 4, Funny

    This wouldn't be slashdot without the MS-bashing, would it? :-)

    --
    If you believe everything you read, you'd better not read. - Japanese proverb
  4. Re:Sure, the **AA are evil... by fiannaFailMan · · Score: 4, Funny

    ..but what in god's name does the defendant having MS have to do with anything? Granies, children, the infirm...c'mon. Leave the heart-string pulling crap out next time.

    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
  5. Re:What can I say... by Anonymous Coward · · Score: 5, Funny

    It's not called 'lying' ... it's called 'pretexting' ... corporations don't lie - they 'pretext'.

  6. She is using AOL! by br0pbr0p · · Score: 2, Funny

    They think she is actually capable of downloading music? -_-

  7. Re:Sure, the **AA are evil... by Procyon101 · · Score: 3, Funny

    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?".

  8. What the letter means by Tillwe+Havefaces · · Score: 3, Funny

    "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!)

  9. Re:Sure, the **AA are evil... by networkBoy · · Score: 5, Funny

    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
  10. How about something new? by williambbertram · · Score: 2, Funny

    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.

  11. Re:They are by mrscorpio · · Score: 2, Funny

    I was cremated, you insensitive clod!

  12. Re:Sure, the **AA are evil... by Jah-Wren+Ryel · · Score: 5, Funny

    (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.
  13. Re:Sure, the **AA are evil... by Amouth · · Score: 2, Funny

    i will take just the cake... and eat it too.

    --
    '...if only "Jumping to a Conclusion" was an event in the Olympics.'
  14. Exactly, She is the liar by Anonymous Coward · · Score: 0, Funny

    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.

  15. (OT) by TommydCat · · Score: 2, Funny

    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.
    1. Re:(OT) by uber-human · · Score: 2, Funny

      iMac so I can spend more time thinking...and less time screwing around with stuff that doesn't work. And thus, the flamewar ensues!

  16. Re:What a bunch... by caffiend2049 · · Score: 2, Funny

    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.
  17. Re:Sure, the **AA are evil... by johnw · · Score: 4, Funny

    MS can cause cognitive impairment. Particulary by means of their bloody paperclip!

  18. Actually, it's cake or death... by fahrbot-bot · · Score: 4, Funny
    "would you like cake exclusive or pie?"

    I believe that Eddie Izzard asked it best, "Cake or Death"?

    "Cake or death?" That's a pretty easy question. Everybody - anyone could answer that. "Cake or death?" "Uhh, cake please." "Very well! Give him cake!" "Oh, thanks very much. It's very nice!"

    "You! Cake or death?" "Uh, cake for me, too, please!" "Very well! Give him cake, too!" (We're gonna run out of cake at this rate.)

    "You! Cake or death?" "Uh, death, please. No, cake! Cake! Cake, sorry. Sorry ..." "You said death first, ah-ha, ah-ha, death first!" "Well, I meant cake!" "Oh, all right. You're lucky I'm Church of England!"

    "Cake or death?" "Uh, cake please." "Well, we're out of cake! We only had three bits and we didn't expect such a rush! So what'll it be?" "What, so my choice is 'or death?' Well, then I'll have the chicken, please."

    --
    It must have been something you assimilated. . . .
  19. Re:Original quote with sloppy sentence constructio by Jesrad · · Score: 2, Funny

    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 ?
  20. Re:Oops by clickclickdrone · · Score: 3, Funny

    >"American Online"
    That is correct - they only have one customer left now.

    --
    I want a list of atrocities done in your name - Recoil
  21. Re:Sure, the **AA are evil... by techpawn · · Score: 1, Funny

    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
  22. Re:Sure, the **AA are evil... by ghjm · · Score: 2, Funny

    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