Posts Tagged “RIAA”

Sheri Qualters reports in the National Law Journal on Monday that Judge Nancy Gertner dismissed defendant Joel Tenenbaum’s counterclaim argument that the record industry’s lawsuits to stop parties downloading and distributing copyrighted works is an “abuse of process”.

Tenenbaum’s argument, apparently, was that the RIAA campaign is focused at students and other young people who cannot afford attorneys. In particular, of course, Tenenbaum feels cases like his are using a sledgehammer to swat flies in order to strike fear in whole population of individuals unable to defend themselves.

Unfortunately for Tenenbaum, the judge is reported to have stated: “Abuse of process, as the cause of action is defined, does not turn on the identity of the defendants, their ability to hire an attorney, nor their inclination to settle the claims against them.” …  “Congress has handed the Plaintiffs a massive hammer to combat copyright infringement, and they have chosen to use it. That choice, whether wise or unwise, does not amount to an abuse of process.

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Back in January we learned that the law suit against Joel Tenenbaum by the RIAA for downloading music on Kazaa was on hold while the RIAA tried to overturn Judge Gertner’s decision to allow the trial to be streamed live on the internet. Yesterday the Federal Appeals Court agreed with the RIAA on this matter so we will not be watching the RIAA once againt shoot the industry in the foot.

I guess if I were acting so stupidly I wouldn’t want it streamed live either.

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The Boston Globe reports that the RIAA’s motion to postpone the hearing to allow an appeals court to rule on the permissability of the planned live streaming of the procedures has been granted. The hearing has been postponed for about a month.

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The Boston Globe reported today that live internet coverage will be available to cover next week’s (2PM, Jan 22) initial hearing of the trial of a Boston University graduate student who is being sued by the RIAA for downloading music illegally. Reportedly the hearing will be streamed to the site of Harvard’s Berkman Center for Internet and Society. This is a trial run, so to speak, and further streaming of the trial is not assured.

The RIAA fought the ruling by Federal Judge Nancy Gertner, who, it is reported, noted that the RIAA’s position was at odds with its previously stated goal of prosecuting the few to deter the many; if you are trying to deter the wired generation from illegal downloading, isn’t streaming the trial the best way to reach your intended audience? (Of course, the RIAA realizes that losing the case in front of this audience would be a disaster in their campaign, which realization explains their concern).

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