Posted by Jim Neusom on February 27, 2008 at 7:05pm
Greetings Family,(Contact Information At Bottom Of Page)The RIAA (Recording Industry Association of America) lost a big battle in the war on downloading and digital media. On February 13th, US District Court Judge Janet Bond Arterton denied the RIAA's request for a default judgment in Atlantic v. Brennan. Effectively striking down the industry tactic of pursuing legal action against filesharing websites and their members based on nothing more then possessing, and/or "making available", copyrighted media for distribution.The RIAA has achieved enormous success in fighting the downloading and distribution of copyrighted music files using this scare tactic of suing in Federal Court for perceived monetary damages. They have arbitrarily went after everyone from major websites like Napster, to 13 year old little girls, winning case after case, for hundreds of thousands of dollars (in Napster's case millions).It is common practice for record labels to monitor file-sharing networks and track down its members. What happens is once the IP address for a computer connected to a file-sharing network has been obtained, the labels have gone to court to force ISPs to identify the subscriber connected with the address, then sue that member for damages.***************(Advertisement)*********************TraVerus Travel - Become a part of the most unique family in MLMTo learn more about free travel visit their websitewww.traverusfaststart.com/yes.htmlOr contact Candy at 702-354-0519to find out about income opportunities******************************************************But in this case, Judge Arterton denied granting a default judgment, writing that the record labels failed to show Brennan was actually distributing copies of songs. Arterton wrote, The record labels allegations of infringement lack any factual grounding whatsoever" and adding that the suit has a "nonexistent factual record.In other words, just because you posses digital music files, does not mean you intend to violate copyright law. Arterton also mentioned other "colorable defenses" that defendants might claim, such as unconstitionally excessive, disproportionately high damages and anticompetive behaviour on the part of the plaintiffs. And those might yet carry weight, but those are, however meritorious, secondary arguments at this point.You can believe that this is not the last word on the subject and that the RIAA will appeal this ruling all the way up to the Supreme Court. The bottom line is that the RIAA will have to prove more then just possession, the next time they take someone to court. Courts are no longer prepared to simply award default judgments worth tens of thousands of dollars against individuals based on a piece of paper backed by no evidenceAs cited by Judge Arterton (affirming her decision) in a 9th Circuit Court of Appeals ruling, "that distribution requires an 'actual dissemination' of a copy". In plain English, proof that you gave the music file to somebody else. Seeing that most people download music for their own personal use, this ruling creates a major legal hurtle for the RIAAIn this new age of Digital Media, the RIAA is obligated to protect the copyright and revenue stream of the recording industry. Artist should rightfully be paid for their labor, but suing everyday people who are doing nothing more then the modern day equivalent of recording off of the radio, is not right. The RIAA would be better served by following the course of MPAA and pursing bootleggers, selling CD's on the corner.For more information on this ruling and Atlantic v. Brennan, you can download the full PDF file at http://www.ilrweb.com/viewILRPDFfull.asp?filename=atlantic_brennan_080213OrderDenyDefaultJudgment***************(Advertisement)*********************Looking For More Exposure, Want To Help A Good Cause, Need Money???Come on over to www.freshfaces2u.com and register to win $10,000 dollars CASH!At Fresh Faces2u it's NOT about how you look...But Who You Are!Join us in our mission to change the image of women in the mediaSign Up Today At Fresh Faces2u.com******************************************************This Online Journal was brought to you by InterServe Networks. Feel Free To Forward To Your Network Of Online FriendsWe Practice Responsible E-Commerce Marketing and Privacy Policies. We do not indulge in or encourage Spamming. We never send unsolicited emails. You are receiving this message as part of our opt-in subscriber mailing list or you are a member of an affiliated newsgroup.For comments or suggestions please contact us at the following;Jim NeusomExecutive Director/PublisherInterServe Networks/City Lights Software, Inc.www.citylightssoftware.comwww.freshfaces2u.comwww.myspace.com/jimneusomwww.myspace.com/freshfaces2uTo subscribe to our opt-in mailing list simply send an email to; The_City_Lights_Reporter-subscribe@yahoogroups.com ( on Myspace go to http://blog.myspace.com/jimneusom )
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