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22 March 2007 12:27 by James "Dela" Delahunty
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The Recording Industry Association of America (RIAA) is now in a tough position after a judge made it clear that the trade group cannot walk away quietly from its case against New York resident Patricia Santangelo. The court said that Santangelo has the right to have her legal status resolved "one way or the other". This leaves the RIAA with a choice to either go to trial or dismiss the case with prejudice.
If the RIAA goes to trial, it is very likely that Santangelo's defense will prove she was not guilty of copyright infringement. That loss would be devastating to the RIAA's campaign against file sharing. If the trade group decides to dismiss the case with prejudice, it is still a resolution in Santangelo's favor and makes the RIAA responsible for court costs and is basically an admission of no case against Santangelo.
Either choice will also, no doubt, impact the RIAA's case against Patricia's children, Michelle and Robert, both of whom were targeted by the RIAA in November. "This case is two years old," Judge Colleen McMahon wrote. "There has been extensive fact discovery. After taking this discovery, either plaintiffs want to make their case that Mrs. Santangelo is guilty of contributory copyright or they do not."
She also dismissed that Santangelo may be lying to the court about her knowledge of computers. "I would be shocked if she had NOT become a bit more sophisticated and computer literate over the last 24 months," she wrote. The judgment seems to indicate that the Judge may be getting impatient with the case.
Source:
Betanews
Permalink to this article
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Related articles:
Santangelos settle with RIAA after long battle (29 April 2009)
Santangelos want $8 million from AOL, Sharman (15 September 2007)
Defendent argues "making files available" isn't infringement (20 August 2007)
RIAA lawsuit target prevails in court (11 April 2007)
EFF: RIAA victim deserves day in court (11 April 2007)
Teen files lawsuit against record industry (31 January 2007)
Patricia Santangelo requests trial by jury in RIAA suit (3 December 2005)
Lawsuit victim sues RIAA under RICO Act (2 October 2005)
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| Discuss this article! |
| Pop_Smith (Senior Member) 22 March 2007 12:34 |
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Nice to finally hear something good come of this whole mess.
Looks like the RIAA is finally getting their butt handed to them like they deserve.
Peace
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| bbudgies (Newbie) 22 March 2007 14:36 |
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Teach them to pick on the little people.
bbudgies
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| ZippyDSM (AfterDawn Addict) 22 March 2007 14:57 |
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We need to keep things going and show the RIAA it dose not have all the power.
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| Blackjax (Member) 22 March 2007 19:07 |
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I have a news flash for the big wigs at the RIAA........
Get with the times before your handed your behind. The bullsh*t of you serving illegal subpeonas on the little people because they can't or don't know how to defend themselves is coming TO AN END. YOU are now the one backed into a corner! You can't come out on the winning side of this!
IF I was this lady I would now counter sue. Just to drive the point home! STOP stepping on the people who provide your wage, if you don't your gonna pay for it.... literally! and once again I say buy it second hand! It's legal (until they figure out how to make it illegal) and they don't see a dime of income. This eventually will make an impact on their thinking!
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| rondack (Junior Member) 23 March 2007 0:55 |
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Give them [color=red]Hell zzpatricia
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| georgeluv (Member) 23 March 2007 7:11 |
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will march be known as the month that the tides turned in the p2p fight? stay tuned....
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| Mez (Senior Member) 23 March 2007 9:22 |
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I doubt if this is a milestone or any real victory unless you are Patricia Santangelo. They will be as legaticious as ever. The best part is one more judge is likely to be upset with them. The RIAA will just be more careful and may actually make them more effective. Their goal is to extort as much money from the world as they can. They have most if not all the governments of the world in their back pocket. For their contributions they get crazy laws that allow them to suck us dry. They will continue to pull the strings until real campain reform takes place.
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| ChiefBrdy (Junior Member) 23 March 2007 9:25 |
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Hey bottom feeding scumbags! First the story about CD sales plummeting. Now this.
This is the beginning of the end for you. You've bullied old ladies, people who don't even own computers and even 11 year old children.
But now, the tables are turning. You're a shameful travesty who should rot in Federal prison for rackateering and strong-arm extortion.
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| jameslf (Inactive) 23 March 2007 9:35 |
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Sue the greedy crooked bastards for libel, slander, defamation, pain and suffering or just for being evil, good-for-nothing, scumsucking creeps.
FUCK the RIAA
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| badaboy (Newbie) 23 March 2007 12:34 |
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Is rhere a bank account for supporters tu contribute so you can afford legal help
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| vudoo (Member) 27 March 2007 19:53 |
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Because of the RIAA we now have a new operating system called Windows VISTA!! Stay away from VISTA. And if we get more people to fight and more people to stop buying computers till VISTA is dead or better yet buy MACS, we'll show the industry that the consummer is the one in charge and not the greedy schum buckets that want to suck the life out of everyone.
I hope the lady counter sues the life force out of the RIAA and puts them to an unkindly death.
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| janrocks (Inactive) 27 March 2007 21:00 |
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Nice one vudoo... How well said is that?
Nothing else to add really.. see my sig for details of where I stand.
bookmarked for the next "vista is brilliant" moron who crosses my path!
irc.OFTC.net #debian-women .. Stuff Vista.. Stuff Micro$oft!!
The revolution has happened.. Now we just need to TELL people!
This message has been edited since posting. Last time this message was edited on 27 March 2007 21:01
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