Slashdot Mirror
RIAA Drops Case, Should Have Sued Someone Else
NewYorkCountryLawyer writes "Once again the RIAA has dropped a case with prejudice, this time after concluding
it was the defendant's daughter it should have sued
in the first place. In the case of Lava v. Amurao, mindful that in similar scenarios it has been held liable for the
defendant's attorney fees (Capitol v. Foster and Atlantic v. Andersen), the RIAA went on the offensive. In this case there was actually no attorney fee motion pending, making their motion all the more intriguing. The organization argued that it was the defendant's
fault that the record companies sued the wrong person, because the defendant didn't tell them that his daughter was the file sharer they were looking for."
*waves hand* "I'm not the file sharer your looking for..."
-Ours is the wisdom of Solomon, the magic of Merlyn, the fall of Icaris.
"It wasn't me! It was her!"
How often do you suppose they hear that? And has it -ever- worked?
Out of curiosity...I know that there's a principle where spouses cannot be forced to incriminate one another; does this sort of thing extend to children?
In Xanadu did Kubla Khan
A stately pleasure dome decree
I was under the impression that the burden of proof lies with the plaintiff.
But then again, I was also under the impression that the best way to make money is to sell things to your customers instead of sue them, so call me old fasioned.
Belief? Hope? Preference?The Existential Vortex
You're right, if people don't pay attention to their abuse of the court system and their attacking of people without the resources to fight back, they'll definitely stop on their own. After all, there's no incentive to their suing for thousands of dollars per song unless Slashdot gets indignant, is there?
Only the RIAA could get away with a defence of "it's your fault because you didn't provide us grounds to sue your daughter".
One has already been filed, I think:
http://yro.slashdot.org/article.pl?sid=07/08/17/1728225
How successful it's going to be, well...that remains to be seen.
How about we stop buying their shit?
Done with slashdot, done with nerds, getting a life.
So what if someone breaks into your house while you're on vacation, stays a while and downloads a ****load of music? Do you have to find out who the intruder was? How can they prove it wasn't some unknown persons and the computer owner is innocent? What about if your daughter's bf comes over while you're out and they download or upload songs? My point is... how can they ever prove who is responsible? The RIAA should be out trying to stop the real pirates who are making lots of $$$$ off them instead of going after kids who can't afford their overpriced CDs? Or is this revenge for CD sales being off?
I agree. I'm pirating as fast as I can!
"If you ask me "did you download this file/commit this crime/say this phrase yesterday?" and I answer "no," I am under no further obligation to assist you. I may know that Joe over there is who you're looking for, but you failed to ask the proper question."
Dude, thanks for covering for me
*''I can't believe it's not a hyperlink.''
How about we stop buying their shit?
Done. I haven't knowingly purchased RIAA affiliated music in years. Yet I still buy and download quite a lot of non-RIAA music. I don't even listen to those radio stations anymore. You know the ones... they play the same 50 RIAA songs all week long. I listen to my local college station. Not every song they play is a hit, but you're guaranteed to hear different music every day. Don't have a decent college station? You can even listen online! Here's my local station. They're awesome. They even stream in ogg. Their playlist is online too, so when you hear a song you like, it's easy to check for RIAA-ness. If the RIAA bastards have anything to do with the music, just don't buy it. According to iTunes, I've purchased 12 songs this month. Not one thin dime went to RIAA affiliates.
PS. Fuck You U2. After reading your press release of late, I will never buy your shit. EVER. Nothing you can say or do will change that. You've joined the ranks of Metallica. Go straight to hell. I hope you get hit by a bus the next time you cross the street. You have the gall to ask "Who's got our money and what can we do?" Allow me to answer that here, since I'm required to join you website to send you feedback: "Who's got our money" The customer has the money. It isn't yours unless earn it. "What can we do?" You can drop dead. I'll never buy your music. I'll never support you in any way. I will will actively discourage anyone I know who might. Big mistake assholes. One happy customer might tell one person. One angry customer will tell everyone he knows.
Then you're probably not on Comcast.
"It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."