RSSRIAA's Case Against Mother Faltering
By Ed Oswald | Published March 22, 2007, 11:48 AM
A U.S. District Court Judge has denied the RIAA's effort to walk away quietly from its case against New York resident Patricia Santangelo, saying she had the right to have her legal status resolved "one way or the other."
In a judgment filed on Monday and obtained by BetaNews, Judge Colleen McMahon ruled that RIAA will either have to proceed to trial or motion to dismiss the case with prejudice. Either way will result in an unfavorable situation for the group.
If the case goes to court, it is likely that Santangelo's defense will prevail in proving that she was not guilty of copyright infringement. Equally embarrassing for the plaintiff would be a dismissal with prejudice, which would essentially be a ruling in the mother of five's favor.
Dismissals with prejudice make the plaintiffs responsible for court costs as it is essentially an admission that there is no case against the defendant. It will also likely impact RIAA's case against her kids Michelle and Robert, which it sued in November.
"This case is two years old," McMahon wrote. "There has been extensive fact discovery. After taking this discovery, either plaintiffs want to make their case that Mrs. Santangelo is guilty of contributory copyright or they do not."
The one-page judgment seems to take on almost a scolding tone against the RIAA, indicating the judge's patience may be wearing thin. She also dismissed the assertions that Santangelo may be lying to the court about her computer knowledge.
"I would be shocked if she had NOT become a bit more sophisticated and computer literate over the last 24 months," she chided.
wtf??!!!!!!! is wrong with those mother****ers?!!!! well that means that i "cant" download music when im in college? that's nonsence!!!
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|roflmfao. Wrong strategy - embrace the technology. Illegal p2p software is essentially like the pirates of the sea. Do like the navy did and pardon the pirates. Embrace the illegal p2p software and offer the companies amnesty and good deals. Kill the DRM and bring everyone on board and you will wipe iTunes of the face of the planet. But of course this is far too sensible isn't it?
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|I never said I was using P2P Software.
All of MP3 is a Russian based site that Charges for tracks. Track can be anywhere from $0.10 to $0.25 each (Depending on kps you prefer).
The RIAA's issue with AllOfMP3 is the fact that they do not receive any $$$ from it. There currently is no Russian Law that states that sites like AllOfMP3 must give part of their profits over to artists. Plus, with the Russian Economy in such a struggle, they were not about to turn over all this $$$ to a middle man (Or Tax Collector).
When I said "Embrace the Technology", if you actually thought about it for a second, it was more from the Legalize sites like AllofMP3 rather then attempting to shut them down (Napster went from Pirate to Goldenchild). We are getting to the point where CD's and Media like this are almost obsolete. At some point, you are going to go into the store and rather then a CD / DVD you will purchase a “CD / Giflcard” that will enable you to download the track legally and possibly also give you the option to buy / print the CD Artwork. Overall, its leff stock that the store must worry about, there will be much more shelf space for more artist and other merchandise.
ITunes, although I think is a good idea and has all the backing, the fact that you have to install the “I want to take over your PC” program to access the library is crap. Want to make ITunes great, make it available to anyone that want to freely browse its library and make purchases like AllOfMP3 does. Nothing to install, just make an account, add some $$$ and buy the music. Apple has a little issue in Europe don’t since they tie down their tracks to only use on an IPOD anyway. I know, you can crack the tracks to work on other devices, but bottom line, you should not have too.
DRM and RIAA must go. They are more of a hassle then what it is worth. The other reason I see the RIAA trying to sue all these people is because pretty soon, most artist are going to realize that they do no need the RIAA or Labels. With basically free website and promotion like MySpace and such, you are now given the world to show who you are and demonstrate what you can do. A lot of artists are recording their own Albums in their own studios. There is no need to make Video’s anymore because MTV does not show videos and if you do product one, you can host it yourself or put it on YouTube.
SLINC: http://mysite.verizon.net/slinkys_delsol
BLOG: http://slinc.blogspot.com/
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|I have said it before and I will say it again: RIAA, STOP SUEING YOUR CUSTOMER BASE! EMBRACE THE TECHNOLOGY!
For the Music Industry, to produce one (1) CD cost them a little over $1.00. Then they sell it to the consumer for anywhere between $10 - $20 of which the artist themselves get about $0.89 of each CD Sold. Rest of that money probably goes to the RIAA.
The RIAA has more money then the Oil Companies and they are nothing but a Middle Man (Lawyers). They are a Governing Body, there is no actual (Physical) work they do.
Recently a little MP3 based website AllOfMP3.com got a lot of publicity. AllOfMP3.com sells Music in MP3 form for a small cost (About $0.10 - $0.20) a track. Cheap huh? You would think with looking at the site they are on the Up and Up...
Well, the RIAA got a view at their little operation and decided that they needed to do their RIAA thing to them.
http://www.betanews.com/...Trillion_USD/1166739613
The RIAA brough a $1.65 Trillion Dollar Lawsuit against AllOfMP3.com. This monetary amount is based on "$150,000 USD for each single violation of copyright infringement for tracks the site posted without authorization."
Who's there Lead Counsel, Dr. Evil and #2???
I am also sure that even if that were a foreseeable amount and they won and got paid, I am sue they would take all that $$$ and hand it right over to the artists (Sarcasm).
I have to think now: $150,000 per Single… That means that my 200 CD Collection which most CD’s have about 12 Tracks on them is worth: $360,000,000.00. I am sitting on a Fortune, I better e-Bay my collection and set the Buy It Now option up. I might have to charge a little extra for shipping, you know with the price of gas still up there.
The RIAA needs to be held responsible for a "Lack of Common Sense"!
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|AllOfMP3 is wonderful - in particular, they actually have the music I want!
I've bought some music from them, would do so even at double the price. The music gets played on all the various devices in my house and car, but it does not get distributed to anybody else. I think that's going to be true for the vast majority of users - so the fact that the MP3 songs are not protected has no impact.
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|The reason we have aids etc is becuase of the 60's and damn hippies that shagged their way thru everything.
Pretty simple is not to support the likes of metallica and such who have been vocal about it.
their real fans (if they still have any) would still buy their rubbish regardless.
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|"It thus appears that either HIV existed in very low levels in the United States in periods prior to 1981, or it may have gone extinct in the United States at times, with the present infection established in the USA about 1976."
http://en.wikipedia.org/wiki/AIDS_origin
The RIAA needs to be dissolved. There's no need for the record companies to be banded together and have that much power. They've become as bad as the DeBeers diamond cartel. Artists can use the internet for distribution now without signing their souls away to some corporation that takes almost all of their money. I hope the RIAA start getting countersued left and right. They are not a government organization and they are not a law enforcement agency. Time for them to stop acting like it.
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|It's time that artists are held accountable for the RIAA's behavior. If an artist supports the RIAA, then don't buy their crap. Support open source (independent) musicians only. The rest be damned and shamed.
I feel really sorry for today's kids. Growing up in the 60s and coming of age in the 70s, we had great TV shows, (cheap) music, and a LOT of fun. Hey, and artists made scads of cash — they just had to tour to do it. I remember seeing The Stones, Van Morrison, the Eagles, Led Zepp, Jackson Browne, Kansas, Deep Purple, and a dozen other groups IN CONCERTS that never cost more than $7-$18. We didn't have AIDS, drugs were cheap, the girls didn't have tats all over them; nor were they fat, drunken bush twins like today. Heck, you could even a burger, coke, and fries at McDonald's for ONE DOLLAR and get change back!
But then, we did have Vietnam, the draft, bad american cars, VD, s***z malt liquor, and no internet. Ah, I wouldn't want to go back to that crap.
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|Yeah and TV was also free, before cable. The shows were great. Now we have to buy those same shows at a premium. The same is true for music that we listened to. If we don't have the records, we need to buy it on CD. $20+ for a Beatles CD?? In my opinion, I think we lived through two of the greatest decades in entertainment, most of which we'll never see again. I you weren't alive back then, don't knock it and don't beleive what the media says.
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|I agree with both of you guys, but let's face it, the porn is better nowadays.
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|Essentially, the judge is telling the RIAA that they cannot consume her time (and the court's) and then just walk away without consequences. No worthy judge would let that stand. The precedent would be bad and could open the door for yet more (frivalous) cases which cost the courts time and money but the plaintiffs would assume they had no burden to bear if they lost or gave up. Wrong.
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|Jerks are also trying to kill online radio.
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|Being a supervisor for a successful on line broadcasting outlet, it blows me away that tradional radio not only doesnt have to pay to play but they get promotional copies because it helps sell the artists material. We on the other hand BUY the material AND get charged a royalty to play it. The artist still gets his promotion and we get to pay them twice to help them.That is extortion
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|Hey mom, I only have two words for ya "COUNTER SUE".
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|Just keep pissing consumers off and watch what happens...
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|huzaah!!
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|Damn straight. Those ingrates should be put in their place.
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|Hopefully this will begin the long process of undoing the current legal climate in which the rights of the corporations are so much more ortected than the individual that entities such as the RIAA have been allowed repeated and blatant violations of the rights of consumers.
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|When individuals can provide the same benefits to shareholders, people with capital, etc, then you will see a change in the laws toward people instead of corporations.
Until then, you won't see it, unless there is a revolution. Americans are too fat and lazy to care about their long-term lifestyle, so this will never happen.
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|s/Americans/humans/
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|That's a stereotype, and an offensive one. Americans aren't all fat and lazy.
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|nope but a large amount are, and being as i am an american that doesn't fit into either catagory i dont find that offensive in the least.
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|Now if she would only turn around and sue the RIAA for all they're worth.
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|Agreed, somebody needs to. Their crusade has gone on long enough, its time somebody stood up to them and called them out.
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