RIAA Accepts $300 Offer of Judgement In Carolina

NewYorkCountryLawyer writes "In a North Carolina case, Capitol v. Frye, the RIAA has accepted a $300 offer of judgment made by the defendant. This is the first known use, in the RIAA v. Consumer cases, of the formal offer of judgment procedure which provides that if the plaintiff doesn't accept the offer, and doesn't later get a judgment for a larger amount, the plaintiff is responsible for all of the court costs from that point on in the case. The accepted judgment in the Frye case (PDF) also contains an injunction — much more limited than the RIAA's typical 'settlement' injunction (PDF) — under which defendant agreed not to infringe plaintiffs' copyrights."

Comments

Hey

[Anonymous Coward]

The RIAA sucks

The user who mods this flamebait or troll or offtopic must be an RIAA supporter.

Re:Hey

[fohat]

Your post is redundant if anything.
Now that I've meta-moderated your meta-moderation, I need a nap.

thanks for the summary!

[Karma Sucks]

I'll be sure to ask my lawyer to translate it for me.

Re:Decent Resolution

[QuantumG]

Hey, they was detective work!

Sure, it wasn't do by registered detectives and is therefore illegal, but we tried!!

Re:Sorry for being picky, but...

[morari]

...Because we all known that the Holy Bible is a great source of factual information!

Re:I'm no lawyer, but

[NewYorkCountryLawyer]

Dun, you and I just wrote almost the exact same post, at the exact same time. I hope we don't get modded "redundant".

Re:I'm no lawyer, but

[TechForensics]

The minimum damages the Courts must award for the RIAA's type of copyright infringement claims is contained in the statute, and is $750.00 per song. When cases of this kind have gone to default judgment (Ray, correct me if I'm wrong), judges generally award ONLY the minimum $750.00. This means you can easily trash the RIAA's absurd settlement demands EVEN IF YOU REALLY WERE filesharing by making an offer of judgment of $750.00 per song-- they almost have to let you go for that amount because if they don't they risk paying ALL of your costs and expenses. (You're not the kind of dummy who downloads more than one song at a time, are you?)

Note, in cases in which the suit is simply wrong in alleging you've fileshared, an "offer of judgment" is going to SHIFT THE BURDEN TO THE RIAA to make DAMN sure they haven't been careless in their statement of claim. An offer of judgment is apparently going to be POWERFUL in fighting these b*****ds. And if you're a one-file-at-a-time kind of guy, $750.00 is cheap to buy out of this fscked-up RIAA misery.

Congress should rein in the **AAs, but I doubt they are going to. This is a great evil. Corporate America has co-opted our culture and is fighting hard to keep control in perpetuity.

It's called Habeas Lucrus :-) [EOM]

[Pogue Mahone]

The joke is in the Subject. Nothing more to see. Move along, folks.

Re:I'm no lawyer, but

[Binkleyz]

Just a quibble, but since we're all seeming to quibble here..

You wrote: "**AA"s

Wouldn't it be more proper to use "??AA"s

Z

Re:I really don't follow this??

[Anonymous Coward]

They have never done anything else for the world except line their own pockets!

And the roads. And sanitation. And irrigation, medicine, the aqueduct...