Lindor Attacks Record Company Copyright-Pooling

NewYorkCountryLawyer writes "Back in March, 2006, Marie Lindor called the record companies suing her a collusive cartel, and their joint agreement to pool their copyrights "copyright misuse" (pdf). A year and a half later, the RIAA apparently got nervous about that allegation and made a motion to strike the allegations. Ms. Lindor has struck back, pointing out to the Judge not only that the RIAA's arguments had no legal basis, but also that its brief was completely silent as to any justification for the record companies' copyright-pooling agreement. Such a justification would be necessary for it to pass muster under 'rule of reason' analysis mandated by the US Supreme Court. Ms. Lindor, a home health worker who has never even used a computer, let alone infringed anyone's copyrights with a p2p file sharing program, is the same defendant who exposed, with a little help from her friends, some of the weaknesses in the RIAA's expert testimony. She also obtained a ruling that the RIAA's $750-per-song file damages theory might be a wee bit unconstitutional."

Comments

Re:750 dollars a song

[Anonymous Coward]

I can't think of a single song that is "worth" a 10th, nay a 100th of that value.

I'd pay that to hear a funural march at the RIAA's funeral

-mcgrew

Ha-ha, RIAA

[HangingChad]

The playground bully getting their ass kicked by a girl. lol.

Re:750 dollars a song

[GoblinJuice]

Happy Birthday may be in the PD, but Master Shake's "Spirit Journey Formation Anniversary" isn't. =)

Deep within the womb of time,
a creature thus be born
The seed of life is united with
the egg of tyranny
Gestates forth from within the womb of life
for three-quarter and nigh a year
The creature thus be born!
The creature thus be formed!
And ye of years...
[Your current age + bells]
Will chime!
When the heavens open up
and drink from the silver cup
The creature thus be born!
And blow the magic horn!
To alert the spirit deep within the cycle of life.
The creature has begun it's journey deep forlorn,
upon this day which he be formed
In the sea of mucus the spirit rides down from the mountain
and unites with the creature in the womb
A holy union, dark mortality, until the dark mortality
breaks the chain of life
The creature thus be born
And every year raineth down the celebratory tears
A celebration of the years
from mere mortal sky

Re:750 dollars a song

[Anonymous Coward]

Man, I'm sure steamed about that. Restaurant employees can't sing the actual Happy Birthday to customers.

Man, is there any limit to the harm copyrights bring to society?

Meanwhile, back in reality, the most of us would like to see a law passed making it illegal for restaurant employees to burst into any song at all while we are trying to enjoy a meal.

Re:Let's buy this woman a drink

[DoofusOfDeath]

I really want to buy this woman (and her lawyers) a drink.

No can do. We'd be an illegal cartel of lawsuit targets.

expert advice

[Anonymous Coward]

"Ms. Lindor, a home health worker who has never even used a computer, let alone infringed anyone's copyrights with a p2p file sharing program, is the same defendant who exposed, with a little help from her friends, some of the weaknesses in the RIAA's expert testimony."

Considering how all the links from this particular quote are to /. articles, I have to say I had no idea that most /.ers are such excellent lawyers.

Re:expert advice

[NewYorkCountryLawyer]

"is the same defendant who exposed, with a little help from her friends, some of the weaknesses in the RIAA's expert testimony." Considering how all the links from this particular quote are to /. articles, I have to say I had no idea that most /.ers are such excellent lawyers. lol... well for starters, the "RIAA's expert testimony" was not given by lawyers, and regardless if I would hardly call them experts in their field of law, but by so called Computer / Network experts of the RIAA. Actually the Slashdot community was extremely helpful in helping to both formulate questions for the expert, and in reviewing the transcript of his testimony.

It was not legal, but technical, input we were looking for.

As for Slashdotters being lawyers, as I said when I was interviewed in September, 2006, on Slashdot, I learned a valuable lesson then. One needs to look beyond the statutes and the cases for the law; one also needs to look at Slashdot. If something is modded +5 on Slashdot, it must be the law as well, even if neither Congress nor the Courts have recognized it yet.

:)

Re:expert advice

[nairnr]

Yeah, just as long as you aren't looking for the +5 Funny. Sure as hell wouldn't want those considered as law :-)

Re:never used a computer??

[Anonymous Coward]

I haven't ever used a computer, too.

Re:750 dollars a song

[quantum bit]

"Happy Happy Birthday,
I really hate this song!
But if I do not sing it,
I won't work here for long... Hey!"

Copyright (C) 2007 quantum bit Productions
Redistribution permitted under the Creative Commons Attribution-ShareAlike license.