RIAA Drops Case, Should Have Sued Someone Else 195
NewYorkCountryLawyer writes "Once again the RIAA has dropped a case with prejudice, this time after concluding
it was the defendant's daughter it should have sued
in the first place. In the case of Lava v. Amurao, mindful that in similar scenarios it has been held liable for the
defendant's attorney fees (Capitol v. Foster and Atlantic v. Andersen), the RIAA went on the offensive. In this case there was actually no attorney fee motion pending, making their motion all the more intriguing. The organization argued that it was the defendant's
fault that the record companies sued the wrong person, because the defendant didn't tell them that his daughter was the file sharer they were looking for."
*yawn* (Score:1, Insightful)
Stupid RIAA (Score:5, Insightful)
Why aren't judges allowed to look upon all RIAA suits with some level of mistrust. They've been proven wrong in so many cases that it is criminal. YES CRIMINAL. Someone should go to jail for all the crap they've put people through.
I wish... (Score:5, Insightful)
Burden of proof... (Score:5, Insightful)
But then again, I was also under the impression that the best way to make money is to sell things to your customers instead of sue them, so call me old fasioned.
Re:Stupid RIAA (Score:3, Insightful)
Only they could get away with it. (Score:5, Insightful)
Pointless beating around the bush... (Score:3, Insightful)
All of these articles about the minor skirmishes in *AA's war against infringers are boring and serve no purpose other than to provide yet another forum for some people to say: "Copyright infringement is wrong, like stealing," and for others to claim: "No, it is not exactly the same as stealing, and therefore good." The exact details of each legal encounter don't change anything, and are only useful to the practicing lawyers...
Unlike the emacs vs. vi flamewars, this one can, actually, be resolved with some certainty, and whoever can be convinced is convinced already...
Perhaps, our distinguished editors can delegate these articles to some peripheral subsection instead of the front-page?
Re:Stupid RIAA (Score:5, Insightful)
#4 sounds like it would be incredibly difficult to prove. I think the only chance the plaintiff would have would be to assert that RIAA was prosecuting the case for the purpose of inspiring fear in other potential targets of litigation, even in the face of evidence suggesting the plaintiff's innocence in the original suit.
Anyone else have any ideas?
Re:Stupid RIAA (Score:5, Insightful)
Re:Stupid RIAA (Score:3, Insightful)
A suit for malicious prosecution would be a civil matter. Hence, the standard would be a proponderence of the evidence. So you would only have to convince 12 jurors that the purpose was more likely improper than proper.
Probably incredibly difficult also.
Re:Stupid RIAA (Score:3, Insightful)
Re:Stupid RIAA (Score:5, Insightful)
Re:Stupid RIAA (Score:3, Insightful)
You can do that, and I suggest that you do, but they will just use it against us by saying that the decline in sales proves that people are pirating.
Win/lose situation?
Now I have to produce a criminal? (Score:3, Insightful)
The RIAA Has Moved That Its Claims Be Dropped (Score:3, Insightful)
Re:something Interesting to check..... (Score:3, Insightful)
As for the cop breaking the law analogy. It happens. But the cops are held to the same laws we are, and often get punishments on the harder side of what you could get. The logic is they are a cop and should've known better. The problem with the **AA right now is that they aren't being held accountable for any of their actions and get to do whatever they want.
RIAA not stupid (Score:5, Insightful)
Re:I wish... (Score:4, Insightful)
Another thing to add about that comic: the same folks who give credence to intelligent design tend to be in the same political circles as those who advocate mountaintop removal mining. [wikipedia.org] So, as the comic says, the universe doesn't require that anyone believes in the mountain, but if enough people don't want the mountain to exist anymore they'll just erase it. In a generation it doesn't matter if anyone believed in the mountain or not...it's gone.
Moral of the story? Don't underestimate how far people are willing to go.