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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."
http://www.youtube.com/watch?v=jcY20lgr3U8 @ 7:50
also "I love dykes, Dykes, CHINA!" @ 3:55
This guy is the greatest troll evar, and without trying.
I got nearly the first post just so I could say NIGGER. So there. NIGGER!!
Now mod me down. Hurry up now, someone might see that horrible word.
Oh no, more fagdot cock grabbers decide to post someone offtopic for bitching about people wasting their mod points on inconsequential posts. What is the fucking deal? There's no reason to have modded the first AC as a troll for an honest inquiry, and second, there was no need to have modded further posts from the same? AC as offtopic. However, if you fuckwits enjoy wasting your mod points on stupid shit, please mod this down too. The less points you morons have to use on legitimate shit, the better off the community will be. It's clear you lack the necessary intelligence to use your mod points wisely.
I love you. In a manly heterosexual type of way, of course. Now someone will decide they don't like this, which will automatically make it Flamebait or Offtopic or Troll, of course. You have to feel sorry for these petty little twerps who are so pathetic and powerless and weak in their own lives that they abuse Slashdot moderation points to feel better about themselves. Hell, I'm doing a public service to Slashdot by depriving shitty moderators of their modpoints before they go and use them on someone who's not posting anonymously.