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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."
To the trigger-happy mods, it was an honest inquiry. I truly do not know what jacquesm was trying to say. If I see green grass, I am not going to pretend it is blue to suit someone else. When I see writing that isn't very good, I am not going to say it's great and pretend like I know what the guy is saying when I don't. Asking someone to clarify is not trolling. No wonder I see so many shitty moderations, if this is what people are willing to waste modpoints on. This is why I am downright harsh when metamoderating. If I can find even the slightest reason for it, I mark "Flamebait", "Troll", and "Off-Topic" moderations as "Unfair" because I'm tired of it.
LOL, I don't know who that guy is, but he probably deserves whatever shit he was getting from those "commies on Encyclopedia Dramatica".
"If I see a dick I just look away, with a moment of being freaked out..." You think it happens with his own too? CHINA!
He deserves what's on the encyclopedia dramatica page alright. His videos would be sad if they weren't so unintentionally funny.
I think people would have more sympathy for him (including the folks on ED) if he wasn't so creepy. His caretakers really ought to take him off the internet.