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

after she wins this

[circletimessquare]

all of those who were ever sued by the riaa: turn around and sue the riaa in class action for malicious and frivolous prosecution

some group of lawyers can spearhead the process. it doesn't require grassroots action. if lawyers can smell blood in the water over cigarettes, asbestos, etc., they can easily see the dollar signs they can bleed the riaa for here too, depending on the precedents this glorious woman sets

make them give back every $ they ever took and then some

bleed the fuckers dry

teach them you can't make up for the creeping irrelevancy of an anachronistic business model by sending your legal attack dogs to terrify little people

a toast, to this courageous woman and the torpedoing of the uss riaa

all hands abandon ship

So musicians can not form unions

[mi]

To defend their rights together and gain bargaining power?