Neoseeker : News : RIAA loses yet another legal battle against suspected music downloader
Hardware Newsletter:
Email:

Latest News
Tue, Nov 18
Mon, Nov 17
Sun, Nov 16
Sat, Nov 15
Fri, Nov 14
Thu, Nov 13

send article hardware newsletter   article comments (4)

RIAA loses yet another legal battle against suspected music downloader
Kevin Spiess - Friday, August 15th, 2008 | 12:14PM (PT)


Court cases just aren't going the recording industry's way

RIAA loses yet another legal battle against suspected music downloader Image 1

You often hear in the news that the RIAA is suing this person or that person for sharing music online. But have you read many news stories where the RIAA won any of these court cases?

The latest battle lost by the RIAA has been in the Atlantic Versus Anderson case. It has been dragging on for 3 years now. The court has ruled in favor of Anderson here, and now the RIAA has to pay Tanya Anderson, a disabled single mother, $107,834 for his legal expenses incurred in the courtroom wranglings.

The legal crux in the matter of the Atlantic Versus Anderson case was that the courts have ruled that making songs available on P2P networks does not constituent copyright violation.

Generally the RIAA sends out warnings to filesharers, saying that they will be sued unless they pay a fine for any suspicion of P2P music-sharing. Many people, fearing the sizable legal entities supporting the RIAA, will pay these fines. However, if someone refuses, and the battle goes to court, more often than not (at least so far) the court has ruled in favor of the defendants.

But how many people actually fight these cases? You'd probably be surprised at the numbers: the RIAA has pursued legal action towards about 40,000 people since 2003, and only about 5% of these people have fought back. Most opted to pay fines -- usually ranging between $3000 and $4000 -- while many others ignored the notices, hoping that they would go away, only to find out later that the court made default judgments against them. 

Unfortunately, most people do not have the assets available to challenge the RIAA's charges in the courtroom. Likewise, probably many people targeted by the RIAA do not realize that they would have a very good chance of winning these court cases, if they were brought to court.

 

  Related Stories

back to news    comments or corrections
- This news story is archived and is closed to comments now -

Comments:

August 16th, 2008 4:26AM(PT)
oni_hero
Good, it's a messed up day when the RIAA wins one of these things. The system may be corrupt, but it isn't that bad.... yet....
August 16th, 2008 9:21PM(PT)
tallteen86
I am in Canada, so we can't even be charged for DLing music (just for uploading it).
August 17th, 2008 9:44AM(PT)
x_revenge
quote article
Tanya Anderson, a disabled single mother, $107,834 for his legal expenses
you wouldn't call a woman he now would you?

well if someone didn't get caught or didn't pirate music they wouldn't have to worry in the first place, you reap what you sow (spelling?), right?
August 17th, 2008 1:12PM(PT)
VeGiTAX2
Recent legal issues have been coming up in these cases, the unreliable tracing of the MAC addresses and not actually corresponding to the users, the IP information being horribly outdated or using the wrong timezone stamps and so on.

The idea of "well they just deleted it is all" is becoming less and less effective for them, their alleged investigators are unlicensed and unable to accurately present evidence for the RIAA in general.

It's good to see these cases coming out now, the system has been abused for far too long by them and now that the judges are being actively updated with technology information from the private sector it's a bit of a relief that they will not just buy the smoke and mirror routine presented to them.

- This news story is archived and is closed to new comments now -

  RSS Feeds

Latest Comments
Most Comments

Latest Net Reviews:
Latest Inhouse:


Compare Prices

Motherboards
 Abit
 ASUS
 Gigabyte
 Intel
 iWill
 Shuttle
 Soyo
 Super Micro
 Tyan
 More...

Processors
 AMD
 Intel
 More...

Memory
 SDRAM
 RDRAM
 DDRAM
 More...

Video Cards
 ATI
 Visiontek
 PNY
 3Dfx
 More...

search for lowest prices
(0.0197/mc/nova)