New York Teen Fights Back Against RIAA
The record industry has been blanketing file-sharers across the country with lawsuits that can only be described as pseudo-legal. A teen who was just 11 when he was first accused has decided to join the growing ranks of people who have fought back.
Robert Santangelo is suing the recording industry for legal fees, and for damaging his reputation. I think he we be successful, and I hope many more people follow his lead. RIAA lawsuits should be the easiest thing to fight. I think new lawyers who have just passed the BAR should defend RIAA lawsuits as practice before going to work for a legal firm, because they'd gain a lot of confidence in their legal skills.
The RIAA lawsuits typically evolve like this: RIAA pays a third party to collect log files of IP addresses of computers that are sharing files with names that appear to indicate they are copyrighted. They use this list to find the internet service provider, who they bully into giving them the name of the user associated with the IP number. They send out a subpoena to that person, saying they have evidence they were sharing illegally. The person is usually given the option to make a cash settlement, or fight their case in court. Since lawyers are expensive, many people just settle.
Here's how lawyers should attack these cases: point out that the RIAA has collected all the evidence in the case. The police are typically not involved in any way, nor are any state or federal agencies. They have the log files with the IP addresses. Be sure to note that anyone can make a log file like this. It would be like bringing in a slip of paper that says "I am guilty - Mr. X" and claiming it's a signed confession. Also question how the RIAA obtained the name of the user. They know what they are legally not allowed to do to get a name, and they have crossed that line in the past. If they realize they can't answer that question without admitting to a crime, they'll drop the case.
Finally, make them prove that the file in question is indeed copyrighted and the RIAA is representing the owner of that copyright. Just saying "we could see that this file was on your computer" is not enough. Make them play the song. If they did not download the full file from your computer, and good lawyer should be able to convince a court that there is not sufficient proof. What if I like to rename all my band's songs to look like Nickelback songs because I don't want anyone who uses my computer to accidentally play them and find out how terrible my band is? I think you get my drift. File names can be "spoofed" to make them look like other files. Make the RIAA prove the file that was being shared on the plaintiffs computer was indeed a copyrighted song file.
The chances the RIAA has passed all these legal tests on any given lawsuit are quite slim. That's why everybody who has tried fighting them has won.
Technorati Tags: lawsuit, riaa
Robert Santangelo is suing the recording industry for legal fees, and for damaging his reputation. I think he we be successful, and I hope many more people follow his lead. RIAA lawsuits should be the easiest thing to fight. I think new lawyers who have just passed the BAR should defend RIAA lawsuits as practice before going to work for a legal firm, because they'd gain a lot of confidence in their legal skills.
The RIAA lawsuits typically evolve like this: RIAA pays a third party to collect log files of IP addresses of computers that are sharing files with names that appear to indicate they are copyrighted. They use this list to find the internet service provider, who they bully into giving them the name of the user associated with the IP number. They send out a subpoena to that person, saying they have evidence they were sharing illegally. The person is usually given the option to make a cash settlement, or fight their case in court. Since lawyers are expensive, many people just settle.
Here's how lawyers should attack these cases: point out that the RIAA has collected all the evidence in the case. The police are typically not involved in any way, nor are any state or federal agencies. They have the log files with the IP addresses. Be sure to note that anyone can make a log file like this. It would be like bringing in a slip of paper that says "I am guilty - Mr. X" and claiming it's a signed confession. Also question how the RIAA obtained the name of the user. They know what they are legally not allowed to do to get a name, and they have crossed that line in the past. If they realize they can't answer that question without admitting to a crime, they'll drop the case.
Finally, make them prove that the file in question is indeed copyrighted and the RIAA is representing the owner of that copyright. Just saying "we could see that this file was on your computer" is not enough. Make them play the song. If they did not download the full file from your computer, and good lawyer should be able to convince a court that there is not sufficient proof. What if I like to rename all my band's songs to look like Nickelback songs because I don't want anyone who uses my computer to accidentally play them and find out how terrible my band is? I think you get my drift. File names can be "spoofed" to make them look like other files. Make the RIAA prove the file that was being shared on the plaintiffs computer was indeed a copyrighted song file.
The chances the RIAA has passed all these legal tests on any given lawsuit are quite slim. That's why everybody who has tried fighting them has won.
Technorati Tags: lawsuit, riaa