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RIAA 'Elektra V. Barker' Case Is Settled
NewYorkCountryLawyer writes "Elektra v. Barker, one of the leading cases repudiating the RIAA's 'making available' theory, has been settled. Unlike in most cases, the actual settlement agreement (PDF) is on file with the Court, and a matter of public record. Now Ms. Barker's attack on the constitutionality of the RIAA's damages theory, as well as her other defenses — including unclean hands based on MediaSentry's illegal behavior, the RIAA's inability to sue for statutory damages, and innocent infringement — will not be adjudicated, and it will fall on the shoulders of other defendants to carry the day on those issues. Ms. Barker, a young social worker who lives in the Bronx, once told p2pnet 'I love music. I grew up in a house where music was played all the time. We had milk crates filled with albums.... So to be sued for having music files on my computer is an insult. It's a slap in the face. This experience has left such a bad taste in my mouth that I wanted to swear off music.'"
I guess her lawyer's barker was worse than her biter?
Barker: We had milk crates filled with albums....
Elektra: So what have you done for us lately?
Hans Dannik
I bet she stole the milk crates too.
In Canada, music comes in milk crates.
In Soviet Canuckistan, milk comes in music crates!
But how will artists make a living if everyone is stealing music?!?! Have we learned nothing from the death of Kid Rock?
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Man, I can't wait for the CIAA (Cow Industry Association of America) to come after her as well.
I mean, if a 99cent song is worth $150k in damages, think how much an actual milk crate is worth!
My favorite quote doesn't fit into 120 characters. Now no one will like me.
I've seen milk kept in bags, but it seems terribly inefficient. Sure, it keeps well, but how many people have the room to keep a 1-ton leather bag around just to dispense milk? Not to mention the maintenance and clean-up involved. Not for me - I'll just stick to my plastic jugs, thank you very much.
(Not to mention I'm not sure I'd be able to restrain myself from just extracting milk. I'm told that, apart from the milk, those giant leather bags are mostly filled with meat!)
He's getting rather old, but he's a good mouse.
In Canada, music comes in milk crates.
Yeah, that's no problem. It's having your milk come in CD cases that's a bitch.
Kid Rock is dead? Please tell me Eminem was involved and it was a murder suicide.
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