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RIAA Defendant Cross-Sues Kazaa And AOL
NewYorkCountryLawyer writes "In what appears to be a first, RIAA defendant Michelle Santangelo, the 20-year old daughter of Patti Santangelo, has made a motion for leave to serve a third party complaint against Kazaa and AOL, as well as against someone who installed Kazaa software, in Elektra v. Santangelo II. Her proposed third-party complaint (pdf) alleges that any injuries plaintiffs might have sustained were the result of the third party defendants' "negligence and breaches... in the defective design of Sharman Network's program, "Kazaa" which was a dangerous instrumentality in its each and every use as it existed in 2002-2004; the trespassing and reckless installation by Matthew Seckler [the person who allegedly installed the software without authorization] of such program; the failure to warn by AOL and Sharman; the failure to block the downloading of such files by AOL; the improper blocking of alleged (RIAA) warning messages by AOL and Sharman; and, the secretive file sharing system of and by Kazaa.""
1 "End User License Agreement," a contract of adhesion, abominably long, written in tiny print, which no one reads.
The real "Libtards" are the Libertarians!
"Tuez-les tous; Dieu reconnaitra les siens."
To paraphrase, "Sue 'em all, let the courts sort it out."
Let 'em litigate this for 3 years.
I'm only surprised that they didn't assert that the plaintffs are partially liable for continuing to publish DRM free CDs long past the point when they knew that tools and techniques existed which permitted these tracks to be ripped and shared.
Hmmm...I'm still wondering if that last paragraph of mine is a joke or not.
With lawyers involved, I suppose you never can tell.
"A microprocessor... is a terrible thing to waste." --
GeneralEmergency
to sue Microsoft because Windows allowed the installation of software such as Kazaa and the manufacturer of her computer for allowing the installation of a Windows that allowed the installation of Kazaa and the local power company for permitting the operation of a computer which allowed the.... oh you get the point
She's obviously proved she has what it takes to work for the RIAA.
1) Extend the trial ...
;)
2) Sue for legal expenses
3) Gouge Elektra for $200,000 due to extra court costs due to motions
4)
5) Profit
Step 4 has something to do with getting the lawyer who just got a $200,000 paycheck to cut you in on the deal
-Rick
"Most people in the U.S. wouldn't know they live in a tyrannical state if it walked up and grabbed their junk." - MyFirs
It varies from state to state. In most, though, you're looking at a fine, not jail time, and common areas are considered everyone's responsibility, not no-one's responsibility. Obviously if they find drugs in your roommate's room, not in yours, then you're clear.
How we know is more important than what we know.
the uncle's brother's cousin's (twice removed) baby-sitter's father's dog's groomer's great grandfather who forgot to wear his jimmy cap and thus led to the conception of someone.
Hope is the currency of fools
According to the
- RG>
Hey pal, this isn't a pleasantforest, so don't waste my time with pleasantries!
Perhaps you are in school. That 10 page paper you wrote after spending 10 hours in the library, 5 hours in writing, and 3 in revising, is worth about 0.7 cents per page in paper costs ($3.50/500 page ream) and 1.14 cents in toner per page ($200 cart @ 17.5k pages) for a grand total of 1.84 cents per page. Your paper is worth just over 18 cents. That means your time is worth 1/100th of a cent per hour. In a few years, you might graduate and your work might be worth 2 or even 3 times as much.
What changed under Obama? Nothing Good
I probably don't have to worry about this, anyway, my music library isn't exactly brimming with a bunch of hot-ticket RIAA acts, I ... don't like shitty music.
And half the time Windows hides those icons anyhow.
Ah-ha! So it's Microsoft's fault after all! I am so suing Balmer...
it's got about 25 tiny inscrutible icons down there, the only one they've figured out is the clock
Holy shit! Those little numbers in the corner are a clock?
Daaaaamn! You're right! The numbers in the corner of my computer are almost the same as the numbers on the front of my cable box! That's neat!
I'm really starting to get into this computer stuff. I learn something new almost every month.
-
- - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
To use your car analogy (usually a bad idea), Chrysler sells the car with a parental control which they claim will keep your kids out of trouble and your kids are stopped doing 100mph in a school zone, does Chrysler have any liability?
I like bad car analogies. They usually clarify a point that nobody intended to make, while hiding the fact that nobody has any clue what you are talking about. I think the analogy here would be more like:
Chrysler sells the car with a parental control which they claim will keep your kids out of trouble. But the kids use the car to listen to rap music and get bad ideas in their head. They go down the street and shoot the neighbors cat. The neighbor is a medical marijuana user, whose stash was just stolen, and is just itching to call the police, except that getting the police to enforce the theft of medical marijuana might be difficult.
And the neighbor across the street is an alcoholic, and everybody knows, but nobody says anything to the neighbor. Both drive an older Chevrolet, one blue, one green.
When they are both drunk or stoned, they sometimes get into the wrong car and wonder why their key doesn't work.
Sorry... what was the point again?
I have no problem with your religion until you decide it's reason to deprive others of the truth.
A similar situation happened to me, I was discussing CounterStrike tactics with a friend at a party and another "friend" overheard and called the police. They charged me with conspiracy to commit capital murder. It took 3 years and over $13,000 in legal fees and $25,000 for bail. Don't be fooled, the phrase isn't innocent until proven guilty beyond a reasonable doubt, it is guilty until proven innocent beyond a shadow of a doubt. It eventually worked out for me, but within six months my buddy plead out and took a felony and 5 years supervised probation. We have never played a FPS since then and I never talk to people about those games in a public environment.
There are certain factors (of which I'm not totally aware of all of them) that can allow immediate entrance without a warrant. Do you honestly think if they walk past a door and hear a woman screaming "Help he's killing me!" they're gonna respond "Hold on ma'am! We'll be right back with a warrant!". ;)
"People who think they know everything are very annoying to those of us who do."-Mark Twain