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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."
Not yet. It's still copyrighted until 2030.
Thanks
Ray Beckerman +5 Insightful
Believe it or not, the RIAA has sued as an 'online media distributor' one of the only people I have never met who has never used a computer. She has never even turned one on. The only thing she has ever done with a computer is to dust around one sometimes.
That should tell you the kind of "human beings" I am litigating against.
Ray Beckerman +5 Insightful
You aren't paying for the single.
You are paying for your unlicensed and unlimited redistribution of the single through the P2P nets.
Meanwhile, about that drink......
Ray Beckerman +5 Insightful
You're probably thinking of ASCAP and BMI, which are copyright clearinghouses for songwriters and publishers. Even so, they aren't a musician's union, either.
My blog
OK folks, I am pleased to announce that the PayPal account for Ms. Lindor's legal defense has been set up.
The email address is:
wraymond@hotmail.com
Ray Beckerman +5 Insightful
PayPal account has been set up.
Moderators, I'm sorry if this is "redundant" but it's important that I get the message out to those who want to assist this poor woman.
Ray Beckerman +5 Insightful
Done.
Ray Beckerman +5 Insightful
I read through most of the transcript of the Q/A with the RIAA expert. He pretty much agreed with the defendant's stance. I don't know if you can do this in a trial but I would try to make sure those answers are summarized on a 1-2 page document to make sure the judge sees the answers. No he did not see any filesharing SW on the pc, could not verify the MAC address, Could not verify how many PC's were behind the router, whether wireless was used...and most damaging that there are COUNTLESS ways to spoof an IP address. that alone BY THEIR EXPERT!!!...should get this lawsuit thrown out with the RIAA forced to pay lawyer fees and laughed out of court.
Don't forget the fortunately unsuccessful attempt by the MPAA to have the Video Cassette Recorder ruled a contraband technology, and the legal battles both they and the RIAA have fought all down the line as new technologies are brought to market. They have the gall to talk about theft, when they've stolen far, far more from us and are trying to take more. There needs to be a certain balance, a balance that the Founders struck so well that it stood up for two hundred years. These people have to know what they're doing, the damage they're causing: the fact that the persist anyway indicates that they are the ones who are unbalanced.
Of course, realistically it's too much to expect attack lawyers funded by non-U.S. corporations to have any respect for the U.S. legal system or its citizens. Personally, the behavior of the RIAA member companies in this regard should have resulted in an international incident. I mean, if an American corporation went overseas somewhere, and funded a bunch of lawyers to begin suing the pants of the locals, you can bet there'd be an uproar.
The higher the technology, the sharper that two-edged sword.
Ever heard of The Pirate Bay?
Unfortunately, there IS an uproar in many countries about the goings-on of American-funded entities in the rest of the world. It just doesn't make US (or other national) headlines for some reason.
On PayPal at wraymond@hotmail.com
Ray Beckerman +5 Insightful