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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."

5 of 136 comments (clear)

  1. Re:Better yet, by NewYorkCountryLawyer · · Score: 5, Informative

    Let's donate some money to her defense fund ... Too bad she doesn't have a website for that. If you send a check to Vandenberg & Feliu, LLP, As Attorneys for Marie Lindor" we will deposit it in our escrow account and apply it to Ms. Lindor's account. I can assure you she will warmly appreciate it. Our mailing address is: Vandenberg & Feliu, LLP, 110 E. 42 St., New York, NY 10017, Att: Ray Beckerman

    Thanks
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    Ray Beckerman +5 Insightful
  2. Re:never used a computer?? by NewYorkCountryLawyer · · Score: 5, Informative

    a home health worker who has never even used a computer Uhh... WHAT?? Yup.

    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.
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    Ray Beckerman +5 Insightful
  3. PayPal Account for Ms. Lindor set up by NewYorkCountryLawyer · · Score: 5, Informative

    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

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    Ray Beckerman +5 Insightful
  4. Re:PayPal Account for Ms. Lindor's Legal Defense by NewYorkCountryLawyer · · Score: 5, Informative

    PayPal account has been set up.

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    Ray Beckerman +5 Insightful
  5. Re:Better yet, by NewYorkCountryLawyer · · Score: 5, Informative

    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.

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    Ray Beckerman +5 Insightful