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Lawyer Asks RIAA To Investigate Bush Twins
tanman writes "After reading an article in the Miami Herald that said "[President] Bush's twin daughters gave him a CD they had made for him to listen to while exercising," a Florida lawyer calculated statutory damages of $1.8 million and has sent a letter to the RIAA asking that they 'display the same vigor in prosecuting this matter and protecting the rights of your rights-holders that it has displayed in enforcing those rights against other alleged violators.' From the letter: 'This is a serious violation of copyright. As you know, whichever of your member organizations that are right[s]-holders for the copied musical works may be entitled to statutory damages of $150,000.00 per musical work copied.'" Update: 06/22 18:55 GMT by KD : The lawyer in question has retracted his analysis and now says no laws were broken, probably.
"There is a common practice in law these days called "selective prosecution"..."
You make it sound like this practice is considered legitimate by the Courts. In fact, if you can show evidence that you are being arbitrarily prosecuted and there isn't a legitimate justification, it is grounds in some courts, to have the entire proceedings Stayed as an 'abuse of process'. You must be harmed to bring a civil action. If you have no problem allowing others to infringe on your copyright, then there is reasonable grounds to believe it isn't really a harm. Under English Common law the Court has the power and responsibility to prevent any abuse of the judicial system. Treating individual offenders differently simply because they are a celebrity or politician or the President's daughter (etc) is such an abuse. In fact, not prosecuting the President's daughter may almost be seen as some kind of a bribe or attempt to improperly influence the Executive Branch.
A plaintiff with limited resources is justified in selectively prosecuting simply because they can't possibly go after everyone at once so have to choose their battles. This is not considered arbitrary, but it is a rational, and necessary evil. But the RIAA can hardly claim they lack the resources to prosecute the President's daughter when they are going after John Doe's, who for all they know, are dead broke.
Now perhaps this selective prosecution takes place behind the scenes where no one is looking. (I think we all know it does). But the courts have no power over what happens outside the court room where there is no evidence. It falls upon witnesses to bring evidence forward.
In this case there is evidence. The president himself has publically stated his daughter is guilty of making and distributing pirate music CD. I think that is actually a criminal offense now, is it not?
No one has a right to their *own* opinion. They have a right to the TRUTH.