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Lindor Attacks Record Company Copyright-Pooling

Posted by Zonk on Fri Sep 14, 2007 02:22 PM
from the avoiding-the-rule-of-inverse-ninjas dept.
The Courts Music The Internet
NewYorkCountryLawyer writes "Back in March, 2006, Marie Lindor called the record companies suing her a collusive cartel, and their joint agreement to pool their copyrights "copyright misuse" (pdf). A year and a half later, the RIAA apparently got nervous about that allegation and made a motion to strike the allegations. Ms. Lindor has struck back, pointing out to the Judge not only that the RIAA's arguments had no legal basis, but also that its brief was completely silent as to any justification for the record companies' copyright-pooling agreement. Such a justification would be necessary for it to pass muster under 'rule of reason' analysis mandated by the US Supreme Court. Ms. Lindor, a home health worker who has never even used a computer, let alone infringed anyone's copyrights with a p2p file sharing program, is the same defendant who exposed, with a little help from her friends, some of the weaknesses in the RIAA's expert testimony. She also obtained a ruling that the RIAA's $750-per-song file damages theory might be a wee bit unconstitutional."

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[+] Judge OKs Challenge To RIAA's $750-Per-Song Claim 333 comments
NewYorkCountryLawyer writes "In UMG v. Lindor, in Brooklyn federal court, the presiding judge has held that Marie Lindor can try to prove that the RIAA's claim of $750-per-song statutory damages is a violation of the Due Process Clause of the Constitution, since she has evidence that the actual wholesale price of the downloads is only 70 cents. This decision activates an earlier ruling by the Magistrate in the case that the record labels must now turn over 'all relevant documents' regarding the prices at which they sell legal downloads to online retailers, and produce a witness to give a deposition by telephone on the subject. Judge Trager rejected the RIAA's claim that the defense was frivolous, pointing out that the RIAA had cited no authorities contradicting the defense, but Ms. Lindor's attorneys had cited cases and law review articles indicating that it was a valid defense. See the Decision at pp. 6-7."
[+] Ask Slashdot: What Questions Would You Ask An RIAA 'Expert'? 616 comments
NewYorkCountryLawyer asks: "In UMG v. Lindor, the RIAA has submitted an 'expert' report (pdf) and 26-page curriculum vitae (pdf), prepared by Dr. Doug Jacobson of Iowa State University who is the RIAA's expert witness in all of its cases against consumers, relating to alleged copyright infringement by means of a shared files folder on Kazaa, and supposed analysis of the hard drive of a computer in Ms. Lindor's apartment. The RIAA's 'experts' have been shut down in the Netherlands and Canada, having been shown by Prof. Sips and Dr. Pouwelse of Delft University's Parallel and Distributed Systems research group (pdf) to have failed to do their homework, but are still operating in the USA. The materials were submitted in connection with a motion to compel Ms. Lindor's son, who lives 4 miles away from her, to turn over his computer and music listening devices to the RIAA. Both Ms. Lindor's attorney (pdf) and Ms. Lindor's son's attorney (pdf) have objected to the introduction of these materials, but Dr. Jacobson's document production and deposition are scheduled for January and February, and we would love to get the tech community's ideas for questions to ask, and in general your reactions, thoughts, opinions, information, and any other input you can share with us. (In case you haven't guessed, we are the attorneys for Ms. Lindor.)"
[+] RIAA's 'Expert' Witness Testimony Now Online 512 comments
NewYorkCountryLawyer writes "The online community now has an opportunity to see the fruits of its labor. Back in December, the Slashdot ('What Questions Would You Ask an RIAA Expert?') and Groklaw ('Another Lawyer Would Like to Pick Your Brain, Please') communities were asked for their input on possible questions to pose to the RIAA's 'expert'. Dr. Doug Jacobson of Iowa State University, was scheduled to be deposed in February in UMG v. Lindor, for the first time in any RIAA case. Ms. Lindor's lawyers were flooded with about 1400 responses. The deposition of Dr. Jacobson went forward on February 23, 2007, and the transcript is now available online (pdf) (ascii). Ray Beckerman, one of Ms. Lindor's attorneys, had this comment: 'We are deeply grateful to the community for reviewing our request, for giving us thoughts and ideas, and for reviewing other readers' responses. Now I ask the tech community to review this all-important transcript, and bear witness to the shoddy investigation and junk science upon which the RIAA has based its litigation war against the people. The computer scientists among you will be astounded that the RIAA has been permitted to burden our court system with cases based upon such arrant and careless nonsense.'"
[+] RIAA Security Expert's Quest For Reliability 170 comments
NewYorkCountryLawyer writes "In the ongoing case of UMG v. Lindor, Ms. Lindor has now moved to exclude the trial testimony of the RIAA's 'expert' witness, Dr. Doug Jacobson. Jacobson is the CTO and co-founder of Palisade Systems, Inc, and a teacher of internet security at Iowa State, but in his February 23rd deposition testimony she argues he failed to meet the reliability standards prescribed by Daubert v. Merrell Dow Pharmaceuticals, Inc. and Federal Rule of Evidence 702. The Groklaw and Slashdot communities participated in both the preparation of the deposition questions, and the vetting of the witness's responses."
[+] Record Company Collusion a Defense to RIAA Case? 275 comments
NewYorkCountryLawyer writes "Is collusion by the record companies a defense to an RIAA case? We're about to find out, because the RIAA has made a motion to strike the affirmative defense of Marie Lindor, who alleged that "the plaintiffs, who are competitors, are a cartel acting collusively in violation of the antitrust laws and of public policy, by tying their copyrights to each other, collusively litigating and settling all cases together, and by entering into an unlawful agreement among themselves to prosecute and to dispose of all cases in accordance with a uniform agreement, and through common lawyers, thus overreaching the bounds and scope of whatever copyrights they might have" in UMG v. Lindor."
Firehose:Lindor Attacks Record Company Copyright-pooling by NewYorkCountryLawyer (912032)
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  • I really want to buy this woman (and her lawyers) a drink. They are probably doing more for our digital rights than any single group of people right now. I don't mean to discount the contributions of organizations such as the EFF (I have, in fact, contributed money in the past), but it's hard to root for a nameless, faceless group like that. This woman is fast becoming an icon for fighting the good fight against the frivilous lawsuits that the RIAA continues to file.

    It may be a tad melodramatic to say this (especially now), but I certainly hope that she finds her place in the history books.
    • Let's donate some money to her defense fund ... Too bad she doesn't have a website for that.

      • Re:Better yet, (Score:5, Informative)

        by NewYorkCountryLawyer (912032) * on Friday September 14 2007, @02:56PM (#20606683) Homepage Journal

        Let's donate some money to her defense fund ... Too bad she doesn't have a website for that.
        If you send a check to Vandenberg & Feliu, LLP, As Attorneys for Marie Lindor" we will deposit it in our escrow account and apply it to Ms. Lindor's account. I can assure you she will warmly appreciate it. Our mailing address is: Vandenberg & Feliu, LLP, 110 E. 42 St., New York, NY 10017, Att: Ray Beckerman

        Thanks

      • Re: (Score:3, Insightful)

        by ScrewMaster (602015)
        We can also always count on the random A.C. who doesn't have even a smidgen of understanding to carry on about STEALING. There's this thing called "the Big Picture" which you are apparently failing to see. You had best understand that both sides in this conflict have rights under the law, but only one side is interested in removing the other side's rights ... permanently.

        • We can also always count on the random A.C. who doesn't have even a smidgen of understanding to carry on about STEALING. There's this thing called "the Big Picture" which you are apparently failing to see. You had best understand that both sides in this conflict have rights under the law, but only one side is interested in removing the other side's rights ... permanently.

          I've come to the conclusion that the Anonymous Coward posts of that nature on /. are from an RIAA shill or troll. They're totally offtopic, and neither you nor I nor anyone we know has ever met anyone in the real world who believes such nonsense.

  • Really? (Score:3, Interesting)

    by bit trollent (824666) on Friday September 14 2007, @02:33PM (#20606415) Homepage
    The RIAA bought and paid for elected representatives. Those representatives created laws which allow the RIAA to metaphorically rape anybody who has stepped out of line causing them the loss of any amount of potential revenue. The courts need to respect the laws that our corrupt politicians have put on the books.

    If you can't hire corrupt politicians to make a mockery of the constitution at the expense of normal citizens then what can you do?

    It should be as easy to buy judges as it is to buy congressmen.

  • Ha-ha, RIAA (Score:5, Funny)

    by HangingChad (677530) on Friday September 14 2007, @02:40PM (#20606495) Homepage

    The playground bully getting their ass kicked by a girl. lol.

  • What nerve! (Score:4, Insightful)

    by ackthpt (218170) * on Friday September 14 2007, @02:46PM (#20606561) Homepage Journal

    I say! She's challenging the bedrock of modern law! It's all written and owned by the cartels, corporations, rich and poweful and they've earned it! They have worked very hard and at no little expsense to get those laws, buying representatives, influencing judge selections and so forth. How dare the little ordinary person challenge this status! This almost made the monocle pop right out of my eye! I shall have to see what I can do to prevent these common rabble from believing they were hah! created equal.

  • never used a computer?? (Score:3, Insightful)

    by j00r0m4nc3r (959816) on Friday September 14 2007, @02:47PM (#20606573)
    a home health worker who has never even used a computer

    Uhh... WHAT??

    • Re:never used a computer?? (Score:5, Informative)

      by NewYorkCountryLawyer (912032) * on Friday September 14 2007, @03:01PM (#20606743) Homepage Journal

      a home health worker who has never even used a computer
      Uhh... WHAT??
      Yup.

      Believe it or not, the RIAA has sued as an 'online media distributor' one of the only people I have never met who has never used a computer. She has never even turned one on. The only thing she has ever done with a computer is to dust around one sometimes.

      That should tell you the kind of "human beings" I am litigating against.

  • Soap box.. (Score:5, Insightful)

    by aero2600-5 (797736) on Friday September 14 2007, @03:09PM (#20606879)
    It was only a matter of time before someone managed to use Slashdot for it's ability to harness ideas and viewpoints. Usually it's just spitting into the wind with no one making any effort to record the good ideas that do pop up.

    Our friend, the NewYorkCountryLawyer, has not only made Slashdot his personal soap box, what the Russians would call the 'Father of all soapboxes', but he has managed to harness all the good ideas generated from several Slashdot stories and put them to good use. Not only has he put these ideas to his own personal good use, he's doing good for society as a whole, and sticking it to the RIAA in the process.

    Sir, I tip my hat to you. Keep up the good work.

    Aero

  • PayPal Account for Ms. Lindor set up (Score:5, Informative)

    by NewYorkCountryLawyer (912032) * on Friday September 14 2007, @04:07PM (#20607923) Homepage Journal
    OK folks, I am pleased to announce that the PayPal account for Ms. Lindor's legal defense has been set up.

    The email address is:

    wraymond@hotmail.com

    • I hope ... (Score:5, Interesting)

      by Ungrounded Lightning (62228) on Friday September 14 2007, @03:03PM (#20606771) Journal
      Hope she wins and gets a couple of million from the RIAA (as well as setting a precedent)

      I hope she wins and the RIAA members effectively lose the copyrights to every song involved in these suits.

      That's the point of the "copyright misuse" claim: Part of the penalty for misuse of a copyright is the loss of the ability to enforce it at all.

      • Re:I hope ... (Score:4, Insightful)

        by Original Replica (908688) on Friday September 14 2007, @07:20PM (#20610685) Journal
        So with the potential for that much music to become public domain, my first question is: Where can I contribute to her legal fund? Even though the results aren't guaranteed, the possibility of such a public boon would seem to be a good investment.

        As an added benefit, the mass loss of copyrights would force a situation where established musicians could make a good living without a heavy reliance on copyright. I would be just as happy (if not happier) to buy tickets to a Rolling Stones concert if all their work were public domain, as I would be if it remains privately owned.

      • Re:expert advice (Score:5, Funny)

        by NewYorkCountryLawyer (912032) * on Friday September 14 2007, @03:24PM (#20607163) Homepage Journal

        "is the same defendant who exposed, with a little help from her friends, some of the weaknesses in the RIAA's expert testimony."
        Considering how all the links from this particular quote are to /. articles, I have to say I had no idea that most /.ers are such excellent lawyers.
        lol... well for starters, the "RIAA's expert testimony" was not given by lawyers, and regardless if I would hardly call them experts in their field of law, but by so called Computer / Network experts of the RIAA.
        Actually the Slashdot community was extremely helpful in helping to both formulate questions for the expert, and in reviewing the transcript of his testimony.

        It was not legal, but technical, input we were looking for.

        As for Slashdotters being lawyers, as I said when I was interviewed in September, 2006, on Slashdot, I learned a valuable lesson then. One needs to look beyond the statutes and the cases for the law; one also needs to look at Slashdot. If something is modded +5 on Slashdot, it must be the law as well, even if neither Congress nor the Courts have recognized it yet.

        :)

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