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Forums: Serious Legal Discussions - No Flames!: Does Anybody Know Someone's Who Been Sued by the RIAA
joad77
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Subject: Does Anybody Know Someone's Who Been Sued by the RIAA
Date: February 28, 2006 @ 1:25 PM
Hello:
My name is Zac Turke and I'm a 3L at Harvard Law School. I am writing my thesis regarding the RIAA's policy of suing P2P file traders. Essentially my position is that the industry can survive by giving the music away and making money off things that are harder to copy, like touring, merchandising, ringtones, licensing, etc...
I would like to include a case study in the thesis about a real person who has been sued by the RIAA. That's where I hope you guys may be able to help me:
DOES ANYONE KNOW ANYONE WHO HAS BEEN SUED BY THE RIAA FOR FILE SHARING BUT GOES TO A LOT OF SHOWS, BUYS A LOT OF T-SHIRTS, HAS A FEW RINGTONES ON HIS/HER PHONE?
I would just like to talk to them briefly about their experience. Just a couple of minutes to hear their story (which will hopefully lead to some changes in the copyright law). If you know anyone like that, please email me at zturke@law.harvard.edu.
Thanks for the help,
Zachary Turke |
johnthetaxi
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Subject: Re: Does Anybody Know Someone's Who Been Sued by the RIAA
Date: February 28, 2006 @ 7:33 PM
Zachary:
I'm a lowly 1L but have been following Internet infringement cases for sometime now.
Only case I have found that actually went to trial is: [BMG Music v. Gonzalez, 430 F.3d 888 (7th Cir. 2005)] this case was lost on summary judgment in District Court then was appealed to 7th Circuit where the lower court judgment was affirmed.
The defendant unsuccessfully argued that her activities were "fair use" of the proprietors' copyrighted material.
All the other download infringement cases I have found have ended in a default judgment.
You have Lexis/Nexis and WestLaw access?
Also check: [Elektra Entm't Group, Inc. v. Santangelo, 2005 U.S. Dist. LEXIS 30388 (D.N.Y. 2005)] This is a ruling on pre-trial motions. I only have the Lexis/Nexis cite. The defendant and plaintiff both made a pre-trial motion for summary judgment but the court denied both motions.
The defendant "Santangelo" erased his HD in the face of a discovery request (FRCP Rule 45) The judge cautioned that the defendant would face sanctions for spoliation of evidence at trial. Don't know when it is set for trial but I suspect defendant will default. |
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