Camara Goes On Offense Against the RIAA
whisper_jeff writes "Ars has an excellent write up outlining how Kiwi Camara (Jammie Thomas-Rasset's new lawyer) is following the 'Best Defense is a Good Offense' philosophy and going on the attack against the RIAA. Not content to just defend his client, he is laying siege against the RIAA's entire campaign and beginning the work of dismantling it from the bottom up, starting with the question of whether they actually do own the copyrights that were allegedly infringed. And, if you're thinking this is good for everyone who's been harassed by the RIAA, you'd be right — Camara, along with Harvard Law professor Charles Nesson, plans to file a class-action suit seeking to force the RIAA to return all the (ill-gotten) money they've earned from their litigation campaign."
We first discussed the efforts of Nesson and Camara to thwart the RIAA last month.
What does the Campaign for Real Ale have against the RIAA?
It's time to kick some serious RIAA boo-tay.
On a more serious note, it warms my heart to find that there is at least a couple of "good" lawyers out there who have their clients best interest at heart.
NYCountryLawyer excluded - dude you do good work.
Beer is proof that God loves us and wants us to be happy.
Refuses to film copyrighted content!
... and a lawsuit they can't just back out of when they realize they're not going to win. It's two great tastes brought together into a cocktail of bitter irony for the RIAA!
That is a hell of a name for a lawyer.
"Meet Kiwi Camara. He's a high-powered defense attorney by day... and she's a pole-riding stripper by night! What will happen when these two lives collide? Find out this Fall on Barely Legal, only on Fox!"
I wish them the very best of luck - thats a very powerful business lobby with a lot of politicians in pocket that they are going after.
Still, its very clear why he chose to represent her - the publicity on this high profile case could make him and give his career a hell of a head start.
exciting, but ultimately resulting in a loss?
We would all like to see the RIAA lose on all points brought up here, but how strong are these arguments, and are there known ways the RIAA could dodge them?
My webcomic
If the RIAA were forced to give all the money they collected BACK, the RIAA would simply close up shop permanently, probably filing some sort of bankruptcy or some such action to prevent their actually having to pay anything back.
And what would that mean with regards to the MPAA or BSA? They both, quite often, use similar tactics and means of evidence collection.
This will undoubtedly stir up a hornets nest on a scale we have never seen before. If this guy actually manages to win his cases and motions, it will likely result in new laws being introduced that would effectively make the RIAA's activities legal... that is unless some people are there to stop it which isn't likely considering the way laws like the DMCA are passed... subversively and practically secretly.
IANAL
Someone on slashdot once wrote "99% of all lawyers make the rest of us look bad".
I won't join Slashcott. OTOH, If Beta goes live, I just won't be back until it's fixed. Sorry Dice.
There's more happening, and not all of it is necessarily going to work. I hope Thomas comes out on top, but I wonder how some of these tactics will affect the case overall.
Camaraaaaaaaaaa! Camaraaaaaaaaaaaaa!
Camara is really neat,
Camara the RIAA won't beat,
We've been eating Kiwi, Camara!
This case brings me very mixed feelings. On the one hand, the RIAA (and to a lessor extent, the MPAA) needs to have its ass seriously kicked.
But on the other hand, I wish this was a case where the defendant wasn't so obviously guilty of what the RIAA claimed in the first trial. It sucks that this isn't one of the cases where the RIAA went after a senior citizen who doesn't even know hot to turn on a computer. Its a good thing that the RIAA is so evil and stupid, because otherwise I'd find it much harder to root for her side.
I want a new quote. One that won't spill. One that don't cost too much. Or come in a pill.
This is Slashdot. Anything is more exciting than sports.
What does it matter what his motivations are, so long as it results in a loss for the RIAA?
BTW, boycott the major labels, listen to indie music. By boycott I mean don't just not buy, don't even download or listen. Funny how the RIAA never mentions the almost decade long boycott as a reason for decreased sales...
Free Martian Whores!
Actually I would like to see Open Source/ Creative Commons type licences covering intellectual and creative works. With a good dash of community pooling of resources to sue any big corporation that infringes the above IP.
The situation we have now of large companies using the law to lock down markets would change. If they they feel they are being controlled and constrained by laws they initiated, the law will change.
This stunt is dangerous. This rookie kid might just as well land the RIAA a win. The odds may look good for Kiwi right now but if the rookie screws up he may end up handing the RIAA a free ticket to tyranny.
Remember he could lose and set more case precident in favor of the RIAA. This guy is gambling and the stakes are incredibly high.
I am not amused at this, it's risking everyone rights and the future of fair use, by putting the case in his hands. He has noting to lose in this, he'll get his 15 minutes of fame either way. If he wins, great a blow to intellectual tyranny. If he loses, the law suit lottery flood gates are blown wide open.
Going on the offense against an industry who is backed by both parties, who have pretty much hand picked damn near ever appeals judge out there, sounds like about the dumbest idea since the Sword-Chucks from 8 bit theatre.
I'm not a fan of gambling with people's freedom.
Yeah I said it. Mod me whatever, but this scares the hell out of me... IANALBMWIAPL and she's pretty spooked too.
-=[ Who Is John Galt? ]=-
In his first year at Harvard, Camara was involved in a racial controversy that would gain attention from the national media. Like many students, Camara posted his course outlines to a popular student-run website. Camara's, however, referred to blacks as nigs. For example, to summarize Shelley v. Kraemer, he wrote "Nigs buy land with no nig covenant; Q: Enforceable?"[7] The notes were prefaced with a disclaimer that they may contain racially offensive shorthand.[7]
Upon discovering the outline, a classmate alerted other students and professors.[7] Camara issued an apology and the outlines were promptly removed, whereupon a third student using the pseudonym "gcrocodile" e-mailed the classmate who discovered the outline expressing disappointment that they were no longer available and an intention to use the word nigger more often.[8]
http://en.wikipedia.org/wiki/Kiwi_Camara
He sounds like trouble in a box!
Except Redwings Hockey isn't a sport, it's a religon. And they'll bring home the Cup on Friday night.
But I like the idea of RIAA getting a dose of its own medicine. This day has been a long time coming, just like that other case we've been watching from the peanut gallery. Almost makes you wish you could sell tickets & popcorn at it. It's gonna be a helluva show...
Understanding the scope of the problem is the first step on the path to true panic.
BTW, boycott the major labels, listen to indie music. By boycott I mean don't just not buy, don't even download or listen.
How do I avoid listening to major label music at work or in a grocery store?
You could try clapping your hands over your ears and loudly shouting "LA-LA-LA!" while you walk down the aisles of the grocery store. You'd probably benefit the other shoppers who would be also unable to hear the Muzak over your masking noise.
I'm not sure how you'd keep the music stopped once you've been committed into the asylum, however.
John
but neither is Jack Thompson!
Sorry, I'd been waiting a while for an excuse to say that in a slightly relevant way.
In Soviet Russia jokes are formulaic and decidedly non-humorous.
Isn't that Gamera?
-dZ.
Carol vs. Ghost
This rookie kid might just as well land the RIAA a win. The odds may look good for Kiwi right now but if the rookie screws up he may end up handing the RIAA a free ticket to tyranny.
This "Rookie" is teamed up with a Harvard law professor who's called the "Billion Dollar Charlie" and has a 1998 movie, "A Civil Action", about a case of his about a toxic polluter.
Falcon
Should there be a Law?
Problem is, most "Indie Music" is really on a major label. Take Sub-Pop. Every band on Sub Pop has been called Indie at some point, and most think Sub Pop is an independent label. On the contrary. 49% of the label is owned by Warner Brothers. Sub Pop does not directly fund the RIAA, but every Sub Pop album you buy supports Warner Brothers, which does.
One can use RIAA Radar to cleanse their music collection, but it's not perfect, since it does not detect this sort of indirect RIAA support. Realistically, if one want's to boycott the RIAA, they might as well boycott the idea of record labels themselves. In an age where bands can make their own album with consumer recording equipment, and make it sound just as good or better than professional releases, then distribute that music with the most powerful communication medium known to humanity, why do we still have these record label middlemen?
What is this "sports" you speak of?
Its a generic name for a certain type application (OSI Model, Application Layer), it often relies on NPT (Newtonian Physics Transport) and BCC (Body Collision Crumpling) in the transport and network layers.
I don't boycott them. I haven't bought any music in the last decade because I haven't heard anything in the past decade worth downloading let alone buying!
Get off my lawn.
If I were God, wouldn't I protect my churches from acts of me?
Where??
How amazed would you be to suddenly find that you just forgot what I wrote and you needed to reread my post.... again.
You know when you play any of the Madden games?
Imagine a bunch of guys going out into an actual field and doing that IRL.
Crazy, I know. But apparently it's fairly popular.
Technoli
RIAA only needs preponderence of evidence because it is civil. Law enforcement needs beyond reasonable doubt because its criminal.
I think the issue that's here in this case is not that she is guilty or innocent, but what the RIAA is doing to win the case (attempted denial of a future lawyer, etc), and how much they want to take from her. Even though she is likely guilty, what she is guilty of is still insanely disproportional to what the RIAA is trying to get from her in exchange. That's my opinion, at least.
You can't make a big deal of a fight that doesn't exist. Yes, the RIAA has acted shamefully, but the vast majority of people that they've strong-armed over the years did in fact settle, so they're done - there's no fight for them to pursue. I'd agree that Jammie Thomas probably isn't the best defendant to be involved in this, but she fought back, unlike most of the others, and she's going to be getting a whole new trial, which is a *huge* deal and gives her new lawyer all kinds of legal options to explore.
Please stand clear of the doors, por favor mantenganse alejado de las puertas
By the way, I submitted a proposed article a few days ago -- which is still in the Firehose -- about the Judge denying the RIAA's motion to bar Jammie from objecting to the defects in their copyright registration documents. I guess the article is being rejected, although it was voted up to "orange" in the Firehose, so you might want to check it out.
Ray Beckerman +5 Insightful
Lies, damned lies.
Sport is a type of car where cost approaches out-of-my-price-range for large values of features or for certain values of make.
Win a signed Stephen Carpenter ESP Guitar from the Deftones: http://def-tag.com/?r=0008781
They're already on /., how much more do they need to do before hanging the 'Mission Acomplished' sign?
Understanding the scope of the problem is the first step on the path to true panic.
The term "indie" has somehow become a genre, and not an actual signifier of "independent". This is also true for Hollywood, most "indie" films are produced by major studios, and the signifier basically means "emulating Juno" now. Indie in music basically means watered down punk rock, or "sounds kind of like Radiohead", or "pop for people over 15". Actually, it might be one of the most useless genre tags after "alternative".
There are TONS of decent independent labels out there. John Zorn's Tzadik, Mike Patton's Ipecac, Mimicry, Drag City, Relapse, etc... Odd thing, most of the music put of by the aforementioned labels would never actually be called "indie", even if they are independent artists.
A patriot must always be ready to defend his country against his government. -edward abbey
Point taken...
Why bother