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RIAA Backs Down In Texas Case

NewYorkCountryLawyer writes "After receiving a Rule 11 Sanctions Motion (PDF) in a Houston, Texas, case, UMG Recordings v. Lanzoni, the RIAA lawyers thought better of proceeding with the case, and agreed to voluntarily dismiss the case 'with prejudice', which means it is over and cannot be brought again. The defendant's motion papers detailed some of the RIAA's litigation history against innocent individuals, such as Capitol Records v. Foster and Atlantic Recording v. Andersen, and argued that the awarding of attorneys fees in those cases has not sufficiently deterred repetition of the misconduct, so that a stronger remedy — Rule 11 sanctions — is now called for."

2 of 221 comments (clear)

  1. Re:waste of money by mcgrew · · Score: 5, Interesting

    When will the RIAA stop wasting money on these cases?

    They won't. The old business model is dead, and the new business model is brain dead. The old model was that it cost uberbucks to record an album, so the artist couldn't make a record without the labels.

    Now, the price of recording has come down to the point that anybody can record an album in a professional studio and have the CDs professionally pressed and packaged for as little as $1 per copy.

    This leaves the labels to distribute and market, and marketing means radio. You have to be on a major label to get on the radio.

    The independants have the internet and P2P, and THIS is what the labels are trying to kill; it's about stifling the competetion.

    The new business model is paid downloads. The trouble with this is the indies are giving FREE downloads for promotion and making their money off CDs and live shows.

    The music industry as we knew it is dead, and I for one am glad. The RIAA labels' days are numbered, and they won't be able to steal from their artists and customers for too much longer.

    Lawrence Lessig talks about the four reasons for P2P in his book Free Culture. Cory Doctorow talks about it in the preface to his book Little Brother, which has been on the NYT best seller list. You can buy either book at any bookstore, or check it out for free at your local public library, or download them for free from the authors' prospective websites.

    Both books are making a handy profit. As I said, Doctorow's is a best seller, which kind of puts the lie to the RIAA's pathetic whining.

  2. Re:And this means what? by Shakrai · · Score: 5, Interesting

    Ray,

    I'd be curious to know if you have any wisdom to share regarding the new direction that RIAA seems to be taking. Namely that of signing agreements with ISPs to get them to do the dirty work instead.

    This seems like something that the end user will have very little recourse over. Virtually every ISP agreement I've ever read gives them the right to deny you service for whatever reason they wish -- but how is that remotely just if it's based on the same lack of evidence that RIAA failed to use in the court system?

    How (if at all) can the people who inevitably wind up being wrongfully accused fight this?

    --
    I want peace on earth and goodwill toward man.
    We are the United States Government! We don't do that sort of thing.