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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."
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.
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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.
Heh! Back when I was underage, it was the drummers and not the lead singers that had a tendency to die early.
Laissez lire, et laissez danser; ces deux amusements ne feront jamais de mal au monde. - Voltaire
Yeah, but does anyone even notice when the drummer dies? On stage, even.
Cynical Idealist