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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 really want to buy this woman (and her lawyers) a drink. They are probably doing more for our digital rights than any single group of people right now. I don't mean to discount the contributions of organizations such as the EFF (I have, in fact, contributed money in the past), but it's hard to root for a nameless, faceless group like that. This woman is fast becoming an icon for fighting the good fight against the frivilous lawsuits that the RIAA continues to file.
It may be a tad melodramatic to say this (especially now), but I certainly hope that she finds her place in the history books.
If Murphy's Law can go wrong, it will.
The playground bully getting their ass kicked by a girl. lol.
That's our life, the big wheel of shit. - The Fat Man, Blue Tango Salvage
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
Hope she wins and gets a couple of million from the RIAA (as well as setting a precedent)
I hope she wins and the RIAA members effectively lose the copyrights to every song involved in these suits.
That's the point of the "copyright misuse" claim: Part of the penalty for misuse of a copyright is the loss of the ability to enforce it at all.
Bantam Dominique roosters crow a four-note song. Once you've heard it as "Happy BIRTHday" you can't NOT hear it that way
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
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.
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