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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."
I cant wait for the Lindor Copyright Reform Bill
Knowing Congress, the actual text of the bill would make the RIAA's tactics legal.
Which is why most restaurants that used to have their employees sing Happy Birthday to patrons celebrating their birthday now have to sing some contrived crapola instead. Another example of how copyrights can seem to live forever and dorks (oh, excuse me "greedy corporations" but dorks works too) try to grab money for something they never should have really owned and certainly didn't come up with.
Her arguements seem like the most systematic, potentially successful, and logical takedown of the riaa's tactics I've yet seen. Is there a legal fund we could donate to? Seems like it'd be some money well spent.
Boy have you got that right.
Ray Beckerman +5 Insightful
I say! She's challenging the bedrock of modern law! It's all written and owned by the cartels, corporations, rich and poweful and they've earned it! They have worked very hard and at no little expsense to get those laws, buying representatives, influencing judge selections and so forth. How dare the little ordinary person challenge this status! This almost made the monocle pop right out of my eye! I shall have to see what I can do to prevent these common rabble from believing they were hah! created equal.
A feeling of having made the same mistake before: Deja Foobar
We can also always count on the random A.C. who doesn't have even a smidgen of understanding to carry on about STEALING. There's this thing called "the Big Picture" which you are apparently failing to see. You had best understand that both sides in this conflict have rights under the law, but only one side is interested in removing the other side's rights ... permanently.
The higher the technology, the sharper that two-edged sword.
a home health worker who has never even used a computer
Uhh... WHAT??
Ray Beckerman +5 Insightful
I figure that another reason restaurant chains don't use "Happy Birthday" is so that they can create a custom song that contains nothing but two notes separated by a single semitone. It's their attempt to make it a tiny bit less excruciating to listen to the bellowing of a group of waitstaff with a sum total of zero singing talent.
Barring a drink, how can we help the campaign financially? I know that there have been ways stated previously, but I forget. I've already made my donation to the EFF, but is there a fund or something to keep you and Ms. Lindor on the RIAA's backs?
/. users contributed $5 each, that gives you $2.5M to work with and keep flinging the RIAA's poop back at them. A little from a lot can go a long way.
I can only do like $20, but if half of the registered
It was only a matter of time before someone managed to use Slashdot for it's ability to harness ideas and viewpoints. Usually it's just spitting into the wind with no one making any effort to record the good ideas that do pop up.
Our friend, the NewYorkCountryLawyer, has not only made Slashdot his personal soap box, what the Russians would call the 'Father of all soapboxes', but he has managed to harness all the good ideas generated from several Slashdot stories and put them to good use. Not only has he put these ideas to his own personal good use, he's doing good for society as a whole, and sticking it to the RIAA in the process.
Sir, I tip my hat to you. Keep up the good work.
Aero
Please stop hurting America -- Jon Stewart
ELOI, ELOI, LAMA SABACHTHANI!?
So with the potential for that much music to become public domain, my first question is: Where can I contribute to her legal fund? Even though the results aren't guaranteed, the possibility of such a public boon would seem to be a good investment.
As an added benefit, the mass loss of copyrights would force a situation where established musicians could make a good living without a heavy reliance on copyright. I would be just as happy (if not happier) to buy tickets to a Rolling Stones concert if all their work were public domain, as I would be if it remains privately owned.
We are all just people.
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