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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.'"
Any chance we'll get some of the reasoning behind the settlement? I understand that taking these thugs to court is a heavy burden, but after fighting it so long, why give up now?
"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."
That's so sad but so true. I guess the truth is I don't listen to mainstream music anymore. It's kinda something I don't want anything to do with and the greedy record companies are the reason. The RIAA have turned what should be a cultural commodity and property of the people into a liability. Fuck the RIAA and everybody associated with them.
This experience has left such a bad taste in my mouth that I wanted to swear off music.
indeed, these rascals are alienating untold numbers of youth from music. just for a few dollars more, they are not only killing an industry, but an ART. no exaggeration - dont just think about the actual number sued - think about how many people, friends, relatives, colleagues and alike, got adversely affected by what their acquaintance went through. and they are doing it for what ? to sustain an outdated business model.
its a crime against humanity, civilization. whereas today's courts are too 'old' to understand the matter in its core, future generations of judges and lawmakers wont be as such. woe to the people of young generations who join riaa in their shitty crusade by working for them or the media cartels - for they will still be alive when future generations take the matter into hand, whereas the bosses who used them to their own selfish ends will be long dead.
Read radical news here
There are some concepts that one should dedicate their lives to: freedom, equality, free speech, freedom of religion, etc. People have laid down their lives for these.
Then there are some that, while important, do not merit spending your entire life on. The time and money spent on this issue was probably too much for her, and upon reach an agreeable settlement she probably said enough is enough.
Life isn't about money or lawsuits or even sticking it to greedy cowards. Life is about living.
Spending time with friends and family is priceless, and dealing with these greedy labels probably robbed her of enough birthday parties, outings, and nights of sleep.
At some point, for some issues, you need to pass the baton. If you want to continue the fight, then pick up the baton and yell a battle cry. Otherwise, do not question someone wishing to end a struggle that they do not want to spend years on end fighting.
It was flamebait. Ms. Barker wasn't talking about the legal issues at all. She was just talking about her personal feelings about music, and about how this litigation made her feel. To attack her from the flank like that was pure flamebait.
Ray Beckerman +5 Insightful
There are some concepts that one should dedicate their lives to: freedom, equality, free speech, freedom of religion, etc. People have laid down their lives for these. Then there are some that, while important, do not merit spending your entire life on. The time and money spent on this issue was probably too much for her, and upon reach an agreeable settlement she probably said enough is enough. Life isn't about money or lawsuits or even sticking it to greedy cowards. Life is about living. Spending time with friends and family is priceless, and dealing with these greedy labels probably robbed her of enough birthday parties, outings, and nights of sleep. At some point, for some issues, you need to pass the baton. If you want to continue the fight, then pick up the baton and yell a battle cry. Otherwise, do not question someone wishing to end a struggle that they do not want to spend years on end fighting.
Glad your post was modded "Insightful" because.... it is.
Ray Beckerman +5 Insightful
Actually, as in all the RIAA cases, she was sued for *distributing* the files by having them in a shared folder on Kazaa. The RIAA is not going after the people who download, they're going after those who "make available" whether the people legitimately purchased the music or not.
If the RIAA was conducting this campaign with so much as a shred of ethics and decency, I could go with it as they are, in one of thinking, attempting to defend their rights as redistribution is not a right you gain from purchase. However, the tactics that they resort to, the lack of sense or humanity they display in their conduct and the clear abuse of our court system disgusts me far too much for me to support them. It's one thing to stand up for your legal rights...it's entirely another to game the entire system (wasting taxpayer dollars as a result) and destroy innocent lives simply because you don't want the gravy train to end. It's hard to attribute morality to a corporate entity, but if it's possible then it's safe to say that the RIAA has long ago crossed the line into evil.
She was characterizing the RIAA's lawsuit as being "just because" she had music on her computer. I don't disagree with that characterization, but it is hardly flamebait to do so.
I guess proceedings dragged on until she couldn't afford to pay the legal bills so she was forced to cut her losses. For your lawyer to bite you have to be able to pay them.
Where "ripping off artists to make sure they don't get paid is okay" as long as you've got them to sign some kind of contract, however convoluted, because of course all musicians are expert contract lawyers AND are negotiating on a level playing field.
Get this through your head: there are very few good guys.
Napster were bad guys (and the fact that there's still a "Napster" in any form gives me a bad taste in my mouth).
The labels are the bad guys.
People sourcing ripped torrents are the bad guys.
The RIAA are the bad guys.
People illegally posting copyrighted binaries to Usenet are the bad guys.
The judges who let the RIAA get away with it are the bad guys.
Psystar are bad guys.
Pointing out that one set of bad guys are bad guys doesn't mean that another set of bad guys are good guys.
Thanks NYCL, to the point and as little legalese as possible. You've done more for the reputation of lawyers everywhere than any person I've ever met before.
The truly sad part of all this is the proof, once again, that if you're a big and resourceful organization, you can win any lawsuit, deserved or not, simply by wearing out the other party. Drag the case on forever. File motion after motion. Sooner or later, you'll win because the other party will run out of resources, or will settle with you just to cut their losses and get the damn thing over with. This is not justice. This is an insult to innocent people everywhere who can be victimized by other people who are using the law as a tool for gain at the expense, pain, and suffering of others. I think there needs to be a much bigger fight, where thousands (if not millions) of people will contribute to an organization that will fight to get the terms of copyright reduced to their original values and to get other ridiculous laws like the DMCA off the books. There is no reason in the world that copyrights should last as long as they do these days, nor is there any reason that the law should heavily favor copyright holders while neglecting the rights of everyone else. I say, if it's over 20 years old, it belongs in the public domain. Furthermore, I think a fund should be set up to collect donations for the victim of this case.
McCain/Palin '08. Now THAT's hope and change!
Then there are some that, while important, do not merit spending your entire life on. The time and money spent on this issue was probably too much for her, and upon reach an agreeable settlement she probably said enough is enough.
Life isn't about money or lawsuits or even sticking it to greedy cowards. Life is about living.
And this is why the RIAA will win in the end. For a corporation, life is exclusively about money and lawsuits. A corporation does not get tired or beaten down, especially by an individual.
Not if you look at this with the proper perspective. The big labels don't want too much of this PR mud to stick to them, so they pay serious money to the RIAA to do the ugly stuff for them. And it's working: people keep using "The RIAA" when they really mean "The Record Labels".
The higher the technology, the sharper that two-edged sword.
Well, I'm very glad you're offering to handle her case and pay the ongoing lawyer's fees.
Oh wait, you aren't? Then STFU.
Or eventually, she just needs to eat. This *is* Courtney Love we're talking about, not U2. Sometimes ideals take a back seat to being able to maintain your lifestyle.
a handful of selfish greedy people are no match for millions of selfish, greedy people -u4ya
Shareholders do. Owners do. The business model the recording industry wants to pursue is not viable. It is bad for *everyone*. The sooner that becomes clear, the sooner we have a reasonable and healthy industry that benefits both listeners and artists alike. The current model turning into a dismal failure makes it that much easier for a good model to emerge and flourish.