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RIAA Foiled By "Innocent Infringement" Defense
NewYorkCountryLawyer writes "In an interesting development in a Texas case against a college-age defendant who was 16 at the time of the infringement, the Judge has denied the RIAA's summary judgment motion and ordered a trial of the damages — even though the defendant admitted copyright infringement using Kazaa — based on the 'innocent infringement' defense, which could reduce the statutory damages to $200 per song file. Relying on BMG v. Gonzalez (PDF), the reasoning of which I have criticized on the 'innocent infringement' issue, the RIAA argued that Ms. Harper does not qualify for the 'innocent infringement' defense, since CD versions of the songs, sold in stores, have copyright notices on them. In its 15-page decision (PDF) the Harper court rejected that contention, holding that 'a question
remains as to whether Defendant knew the warnings on compact discs were applicable in this KaZaA setting,' since 'In this case, there were no compact discs with warnings.' Finding that there was a factual issue as to what the defendant knew or didn't know at the time of the infringement, the Court ordered a trial of the damages unless the RIAA agrees to accept $200 — rather than the $750-plus it seeks — per infringed song."
and that mangy mutt.
It seems inflation has taken a huge toll in media prices in USA. You can buy a whole cd here for $10, usually with 20-40 songs. That means you pay around 50 cents per song. If the song price is $200 in USA, I don't wonder you guys prefer to pirate, with CD prices probably being around $4000 USD.
Well, when you do tip your hand I hope that the RIAA feels properly violated in a most uncomfortable fashion.
With your history here, I expect you will share the joy with us.
Keep fighting the good fight for us Ray, your efforts leave me all warm and fuzzy inside! :)
Down With Slashdot BETA!!! I've been around the corner and seen the oliphant; you can only abuse me from your perspecti
The difference between $200/song and $750/song goes something like this.
RIAA: She knew what she was doing.
Ms Harper: No I didn't. I was 16 and everyone was doing it.
Judge: Okay, I'll accept that. You'll have to take her house, her parent's house and her car as damages, but she can keep the shirt on her back.
RIAA: But your honour, it's a lovely purple coloured silk shirt, and she really did know what she was doing.
Judge: No. She can keep her shirt. Let that be a lesson to you RIAA.
These posts express my own personal views, not those of my employer
Unless your favorite artist won't play at any all-ages venues near you.
Simple solution to that problem, grow up.
/.
I was going to have some terrible meandering reply about trying to pick up girls/guys their own age, but this is
"There are no facts, only interpretations." --Friedrich Nietzsche.
You can't figure out how to get into a rock concert if you're slightly underaged?
Kids today have no imagination whatsoever.
Wait, you mean my boycott of blank CD-RWs is stupid?
Damn it, here I am backing up all my media to floppies for nothing...
Simple solution to that problem, grow up.
Bands tend to break up or have their lead singer die during the time it takes for that to happen.
the Harper court rejected that contention, holding that 'a question remains as to whether Defendant knew the warnings on compact discs were applicable in this KaZaA setting,' since 'In this case, there were no compact discs with warnings.'
Mr. Riaa said, "You were quite entitled to make any admissions of guilt at the appropriate time, you know."
"Appropriate time?" hooted Ms. Harper. "Appropriate time? The first I knew about it was when a lackey arrived at my home yesterday. I asked him if he'd come to clean the windows and he said no, he'd come to demolish my life. He didn't tell me straight away of course. Oh no. First he wiped a couple of windows and charged me a fiver. Then he told me."
"But Ms. Harper, the copyright label has been available on a CD in your local music store for the last several years."
"Oh yes, well, as soon as I heard I went straight round to see it, yesterday afternoon. You hadn't exactly gone out of your way to call attention to them, had you? I mean, like actually telling anybody or anything."
"But the label was on display..."
"On display? I eventually had to go down to the cellar to find it."
"That's the display department."
"With a flashlight."
"Ah, well, the lights had probably gone."
"So had the stairs."
"But look, you found the label, didn't you?"
"Yes," said Arthur, "yes I did. It was on display on the bottom of a CD case in a locked filing cabinet stuck in a disused lavatory with a sign on the door saying 'Beware of the Leopard.'"
"Three eyes are better than one" -- Lieutenant Columbo