James Delahunty
3 Dec 2005 16:56
Patricia Santangelo, a mother of five who is being sued by the Recording Industry Association of America (RIAA) for copyright infringement has requested a trial by Jury. This is the first time that an RIAA lawsuit against an alleged Internet pirate is headed for trial. Santangelo refused to pay the RIAA's settlement center as she says she is completely innocent of these accusations. The likely culprit she says, is a friend of her children.
The RIAA's evidence against file sharers it sues has to be tested in court sooner or later, and many legal experts say it is not good enough for a lawsuit. Relying on an IP address alone to prove that Santangelo is guilty is just not good enough. Even putting that aside, the RIAA has actually managed to sue a dead woman before. 83-year old Gertrude Walton shared over 700 pop, rock and rap songs according to the RIAA.
The reason Santangelo is the first to stand up to the RIAA is simple, people are afraid of what might happen if they go to court. The RIAA threatens to sue for potentially hundreds of thousands of dollars if a case goes to court, forcing most people to pay a settlement of $3000 - $4000 to have the lawsuit disappear.
Source:
Arstechnica