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Divorced mom of five may challenge RIAA

15 August 2005 22:39 by James "Dela" Delahunty | 54 comments

Divorced mom of five may challenge RIAA Patricia Santangelo, a divorced mother of five children, is one of the thousands of victims of lawsuits by the Recording Industry Association of America (RIAA) aimed at P2P filesharers. The record companies say her computer and internet account were used to illegally distribute copyrighted music through P2P networks. Many of the past lawsuit victims settled for sums ranging from $3,000 to $5,000. The RIAA's settlement centre wanted her to pay $7,500 to settle the case.

However, she has said that she would rather pay lawyers fees than give in to record company intimidation. Of the thousands of lawsuits, none of the cases have ever gone to trial. "I am still nervous about the whole thing," she said. "I just got so aggravated about how threatening they were." She accuses the settlement centre of bullying her, trying to get her to accept the settlement offer. "I didn't do anything wrong," she said. "Why should I pay them?"

The P2P software she is supposed to have infringed copyrights with is Kazaa. It is installed on her computer but she claims she had no knowledge of what it was before the lawsuit. She also says that she believes a friend of her children is responsible for the infringement she is being accused of. Many hope that one day someone will battle the RIAA suit in court. "If this particular woman is willing to go to trial, that's something new," said Jason Schultz, a staff attorney with the Electronic Frontier Foundation (EFF). "The threat is so great that most people don't even risk it."

RIAA spokesman Jonathon Lamy claims that the record companies have "ironclad evidence" Santangelo's home computer and Internet account were used to illegally download music. However, Santangelo's lawyer, Morlan Ty Rogers, is sceptical of the evidence the RIAA claims to possess. He said nobody has yet challenged the "boilerplate" language of the lawsuits and said the companies have not got enough evidence to bring the case to court.

"Many of these lawsuits have been brought against people who are simply the names on the Internet account," Rogers said. He believes that is not good enough to sustain a lawsuit. He said the companies are targeting unsuspecting parents and grandparents, some who have only just managed to switch from vinyl to compact disc. "It's really surprising no one has attacked the record companies' basis for the lawsuits," he said, "because the record companies' claims are actually very weak."

Rogers has filed a motion to dismiss the lawsuit, saying it fails to properly state a claim. The record companies responded by saying simply that they had a valid claim against the woman. U.S. District Judge Colleen McMahon will decide the issue. She told the record companies lawyers that the settlement centre was now no part of this case. "I would love to see a mom fighting one of these," she said.

Sources:
The Journal News
p2pnet


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  • Lawsuit victim sues RIAA under RICO Act (2 October 2005)
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    Discuss this article!  There are more user comments available, read them here
    skeil909 (Newbie) 19 August 2005 7:52 Send private message to this user   
    We should contact her lawyer about putting up a website so people can follow the case and also send in donations. A paypal link on a site like that would generate some funds for her I bet. I would sure donate.

    Colleen McMahon is a U. S. District Court, Southern District of New York Judge. http://air.fjc.gov/servlet/tGetInfo?jid=2799

    Doing a few searches in New York I think this is possibly Patricia Santangelo's lawyer.
    http://www.blhny.com/rogers.htm
    His email is mtrogers@blhny.com

    Good luck Patricia! A lot of tax paying consumers are behind your decision to defend your family and rights.
    Abracus (Newbie) 19 August 2005 8:00 Send private message to this user   
    RighT oN!!! You Go GirL!@! RIAA Snoopin around is in infrigment on your privacy rights, Kinda like, "lets break the law to inforce it.

    Anything tangable? Name those Songs? if it was a copyright infringment, the person that originally created the copy would be at fault, not the pc that transfered the data, or group of pc's on any ISP's network.
    ykuspatel (Newbie) 19 August 2005 8:50 Send private message to this user   
    Hello!

    I would agree with the others that have backed the decision to help with the funds...

    Vik
    Steve83 (Member) 19 August 2005 9:38 Send private message to this user   
    skeil909
    Have you made any attempt to confirm that lawyer's involvement? If so, has he offered any info about creating an online legal defense fund? I'd like to contribute, but I want to know that it's going where I want it to go.
    tonyj (Inactive) 19 August 2005 9:54 Send private message to this user   
    I see all the rhetoric supporting this woman's action. Now how about some real support, like with $$$. Anyone out there know how to open a donation account?
    skeil909 (Newbie) 19 August 2005 10:36 Send private message to this user   
    Steve83,

    I sent out an email this morning. I will post any info that I obtain as soon as I get it.
    074kev (Newbie) 19 August 2005 15:45 Send private message to this user   
    It makes me sick when they relate downloading to stealing. Steven King didn't lose money when I checked out a copy of "Bag of Bones" from the library.
    074kev (Newbie) 19 August 2005 15:51 Send private message to this user   
    Suppose they did stop downloading music and people simply purchased everthing without listening to it first. Will the record companies refund everyone's money if they aren't satisfied? If I buy a $20 cd and only like one song, I'm taking it back!
    Oopsla (Inactive) 19 August 2005 18:41 Send private message to this user   
    074kiev,

    That's one reason I have no remorse for the record industry. As a child I picked albums with neat covers as I had no knowledge of the band. Let's just say I got stuck with a lot of crap. I dismissed buying albums ever again. CDs came along and cool record stores allowed you to hear them. I bought more music once again. I believe the RIAA tried to put a halt to listening to CDs before buying.
    Very few albums are packed with good tunes, buying songs for a buck is the coolest thing. I think RIAA is pissed at that as I'll only buy the one or two songs off the album then the whole shabang. I think it would even be better if 16 kbps songs would be totally free. Then I'd get the gist of the song. Buy the good ones and save bandwidth. I'm not in the "music scene" so I nead to hear it.

    Earlier Banchee had the odd assumption that each song was a dollar. Anybody know how that works with classical music which usually only has 2-5 tracks?
    whoozhe (Junior Member) 20 August 2005 0:53 Send private message to this user   
    The most effective way of supporting this woman is at the ballot box. Write to your congressman, local member, senator or whatever and let them no in no uncertain terms that you will not support them come next election if the RIAA continue with what should be regarded as unlawful activities.
    Nothing motivates legislators more than the possiblity of loosing an election.
    Encourage as many folk in your local area to do the same.
    In the US judges are elected. The voter has the power.
    ChiefBrdy (Junior Member) 20 August 2005 8:36 Send private message to this user   
    Can you imagine if she wins! The ambulance chasers will be lining up to represent the other victims. It will probably end up being a class action suit that could ultimately cost the RIAA millions.

    john_jaxs (Inactive) 20 August 2005 11:04 Send private message to this user   
    I see four possible outcomes:

    1) The RIAA backs out knowing that they could lose the chance to sue people.

    2) The RIAA wins and intensifies their lawsuits against users.

    3) She wins and the RIAA quits sueing people.

    4) She wins and the RIAA continues to sue people, but the lawsuits become a joke that everybody now knows that they can beat.
    Sheariah (Inactive) 20 August 2005 11:15 Send private message to this user   
    I certainly hope she wins and wins BIG. I hope they make RIAA pay her 10 times what they are trying to extort from her plus all her legal expenses. These lawsuits are so unfair. If RIAA wasn't still realizing a healthy profit, they wouldn't be able to afford all these petty lawsuits. It's all just pure greed. With all the spyware, trojans, highjackers, & drive-by installers that can invade a persons computer without their knowledge, a smart hacker could easily have used her computer as a proxy to download this stuff and the only thing she might have noticed would be a slowed down computer, which is problematic with windows anyway. Hey, why doesn't RIAA just sue Microsoft for providing windows and be done with it all.
    coyote870 (Newbie) 20 August 2005 20:08 Send private message to this user   
    I wish her the best of luck. I hope she burns their asses. When will these has beens realize that their day has come and gone. For years they forced us to buy cd's that contained 1/4 of what the consumer wants and 3/4 garbage. In my opinion they are only destroying themselves. I think in the near future you will see more and more artists trying to distance themselves from these idiots.
    whoozhe (Junior Member) 21 August 2005 1:36 Send private message to this user   
    We can only hope she wins but alas the law and governments across the globe exist only for commerce.
    We no longer vote for a people's governments just a rabble who will bend over backwards to please the multi national corporations.
    The consumer is somewhere near the bottom of the "What Matters" ladder
    m_towell (Inactive) 21 August 2005 2:42 Send private message to this user   
    I'm with everyone else here. I hope that she fights them to the end and wins big time. Then she needs to sue RIAA for intimidation and take out AVOs (or the US's equivalent [I'm from Australia...]) on any and every one who was involved in bringing this suit to court. She should also claim for court costs and for mental anguish, saying that she's now traumatised by the whole ordeal and that she's afraid to see a CD or DVD lest is reminds her of this case.
    adlion944 (Inactive) 22 August 2005 6:12 Send private message to this user   
    If someone uses your gun to shoot someone, they can't charge you with murder.

    If someone takes your car without permission and robs a bank, they can't charge the car owner with robbery.

    I don't see why they can't have a defense of "someone used my computer, the RIAA can't prove who it was to charge anyone."

    I'm not an attorney, clearly, but can a homeowner be charged if their basement is used by underage kids to commit a crime without their knowledge (drugs, stolen property ring.)

    I think parents can be charged if kids drink in their house.
    m_towell (Inactive) 25 August 2005 14:30 Send private message to this user   
    Agreed that they can't charge someone with murder if it's someone else who uses the gun, but they can charge that person for inproper storage, or something like that

    There might be something similar in the case of RIAA?

    But it's something worth looking into - if there's anyone who's studying law, can you provide an answer?
    Dan1929 (Inactive) 2 September 2005 7:14 Send private message to this user   
    On a side note, is it only Kazaa users that are getting sued or are they suing others as well?
    S2K (Member) 7 September 2005 5:24 Send private message to this user   
    'm_towell (Newbie) 25 August 2005 18:30 _
    Agreed that they can't charge someone with murder if it's someone else who uses the gun, but they can charge that person for inproper storage, or something like that
    There might be something similar in the case of RIAA?
    But it's something worth looking into - if there's anyone who's studying law, can you provide an answer?'

    Well it is not a criminal charge, it is a civil suit. and in terms of your quesiton, if you have a weapon inyour house imporperly secured and someone wiht or without your permission uses to kill somone you can eaily be sued.

    If you hae booze improperly secured and a monor who is not even your kid gets in it and then hits a another vehcile, the family of the person injured or killed can also sue you and likly win damages.

    the question is the presumptions as to whether adults need to secure pc's to prevent damages to third parties. I donlt know about htat. with booze and guns there is a presumption of ability to cause harm and also regulations against or limiting use by minors.

    my guess is there maybe some case law on say harrassing use of a telephone. that would seem to me to logically be in the same class.
    Sinbiner (Newbie) 17 September 2005 1:56 Send private message to this user   
    I hope the lawyer is good enuff to challenge those buggers, Good luck mom !!!

    When are we gonna get a CD Machine that can legally burn all the songs we like on one disk... you pay 20$ for a CD with only a couple of songs that are any good on it. It already might be possible, I dont know , but I would rather pay 20$ for the all the songs I want on a CD.. Surely this day and age its easy enough to do.
    ChiefBrdy (Junior Member) 17 September 2005 5:32 Send private message to this user   
    I would say by the statement below, it's pretty clear which way the judge is leaning.

    "U.S. District Judge Colleen McMahon will decide the issue. She told the record companies lawyers that the settlement centre was now no part of this case. "I would love to see a mom fighting one of these," she said."
    signal (Junior Member) 19 September 2006 15:28 Send private message to this user   
    ok here is where i stand, i back her argument. However making it clear thati do not support the downloading of music illegally or anyother illegal media at that. The RIAA is just getting stupid, yet at the same time what they are trying to do is scare everyone into stopping and they figure at the same time time to try and make up for that lost money. WHO FREAKING CARES. If they would understand that people want to hear music, nor pay into capitalism. I go buy my music online. But then again i also have my own burnlounge store...
    ChiefBrdy (Junior Member) 19 September 2006 17:28 Send private message to this user   
    What is a burnlounge store?
    packrat1 (Newbie) 28 May 2008 12:57 Send private message to this user   
    Hmmm, never heard of it either. I found BurnLounge.com is not online (at this time anyway).

    Here's what I found out though...

    "BurnLounge - From Wikipedia, the free encyclopedia: BurnLounge, Inc. is an allegedly illegal pyramid scheme [1] founded in 2004]"
    iluvendo (AfterDawn Addict) 28 May 2008 16:05 Send private message to this user   
    Read the rest of the story here



    http://en.wikipedia.org/wiki/Santangelo_v._RIAA
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