MPAA Evidence Who Needs Evidence Film industry reacts to RIAA case development: related news

MPAA: Evidence? Who Needs Evidence? - Film industry reacts to RIAA case development...

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RIAA Pay Out $108K In Lost Case

The RIAA (Recording Industry Association of America) has taken an active and aggressive stance when it comes to legal proceedings against those accused of downloading music. Many have frowned upon these strong arm tactics, which have often targetted individuals with little means of defending themselves (leading to a large number settling rather than risking court action). The RIAA hasn't always been successful in proceedings however, suffering key losses that set precedents on what is required to prove someone has downloaded shared files. The latest loss came in a case against Tanya Andersen, who was accused of downloading ganster rap. Forensics experts found no evidence of file sharing, leading to the judge ordering $107,834 to be paid in attorneys' fees to the defendants.

Judge may retry RIAA's Thomas case

A ruling in favor of the Recording Industry Association of America (RIAA) may be overturned and set a precedent for file sharing, according to remarks made by the presiding judge in the case. District Judge Michael Davis now expresses doubts over a decision which fined defendant Jammie Thomas $222,000 for allegedly trading 24 songs through KaZaA, arguing that a closer review of the US Copyright Act used as the foundation of the case suggests that a retrial may be necessary. The Act requires actual proof of an illegal transfer rather than the simpler act of exposing the content through a public folder. Without the former evidence, the previous decision against Thomas may no longer hold weight, according to Judge Davis.

RIAA Drops Case That Hinges On 'Making Available' Issue - Is RIAA giving up on these cases or just trying to avoid precedent-setting loss?

In the lawsuits that RIAA has filed against P2P users in the past, one of the major questions that has come up has been whether or not it’s illegal to simply make copyrighted files available for others to download. The argument of users is that there has to actually be something stolen, some proof that the file was downloaded, or there was no violation but RIAA has said that the violation takes place when the file is made available online. A New York court recently agreed with users on this issue which has caused other cases to go back to the courts for further review. Perhaps RIAA plans to stop fighting this particularly battle considering that they just voluntarily dismissed a case that had been pending for nearly a year in which the major issue was the “making available” point.

RIAA's Throwing In the Towel Covered a Sucker Punch

NewYorkCountryLawyer writes "The RIAA threw in the towel, all right, but was only doing it in preparation for throwing a sucker punch. After dropping its 'making available' case, Warner v. Cassin, before Judge Robinson could decide whether to dismiss or not, it was only trying to do an 'end run' (if I may mix my sports metaphors) around the judge's deciding the motion and freezing discovery. The RIAA immediately, and secretly, filed a new case against the family, calling this one 'Warner v. Does 1-4.' In their papers the lawyers 'forgot' to mention that the new case was related. As a result, Does 1-4 was assigned to another judge, who knew nothing about the old case. The RIAA lawyers also may have forgotten that they couldn't bring any more cases over this same claim, since they'd already dismissed it twice before.

RIAA Joins MPAA In Thinking Proof Isn't Necessary - Groups want to be able to file $150,000 lawsuits without evidence of a crime

I've recently highlighted several reports showing that the RIAA's method of identifying and suing P2P users is painfully inaccurate. This was further illuminated by the recent case of Jammie Thomas, a Minnesota woman who was originally ordered to pay $220,000 for making files available via broadband, but may now see a new trial.

The tide ebbs on RIAA, MPAA ?reign of terror?

p2pnet news view MPAA | RIAA News:- It looks as though we’re now past the high water mark of RIAA / MPAA attempts to rewrite copyright law, says Recording Industry vs The People’s Ray Beckerman (right).

Innocent Infringement Defense May Work for RIAA Victim - Fines still high but symbolizes setback for RIAA

There is a college student in Texas who has been battling RIAA in one of the organization’s lawsuits against copyright infringement. The student was found guilty of illegal filesharing and downloads through Kazaa when she was just 16. She has pled guilty to illegal downloads but has asserted an “innocent infringement” defense alleging that she didn’t know that she was doing anything illegal. RIAA fought the defense with the argument that there are copyright notices on the CDs sold in stores and therefore that she should have known that she was violating copyright laws. The courts have ruled against RIAA in this instance. This doesn’t mean that all is good for the filesharer; the fine could still be as much as $200 per infringement. However, it remains a notable setback for RIAA which now needs to decide whether to accept the plea or go fo

RIAA Finally Pays Oregon Mom $108,000 - Sometimes they fight back, and win....

In 2005, the RIAA sued a single mother from Oregon for sharing copyrighted music files on her broadband connection. Unfortunately for the RIAA, they couldn't actually prove she did anything wrong, so they were forced to drop the case. A Judge ultimately ruled that the RIAA had to pay the woman's court fees of $107,951. After initially trying to get away with paying just $30,000 and then $60,000, the RIAA has finally paid Andersen the full amount. Andersen is still suing the music industry for violating racketeering laws.

Judgment against RIAA precedent for more defenses...

The newest development surrounding the long-lasting case of one Tanya Andersen and the Recording Industry Association of America (RIAA), sees the single mother turning the tables on the RIAA, countersuing, and winning. Fearing the worst, the RIAA offered Andersen a $30,000 settlement, which she refused, then upped it $60,000 to the same effect before being ordered to pay nearly $108,000 by a judge and setting a precedent.

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Universities Realize That The RIAA Is Taking Advantage Of Them In Lawsuits On Students

We never quite understood why various universities were cooperating with RIAA demands that it send "pre-litigation" letters to students accused of file sharing. These non-binding letters are often used to pressure students into paying fines, even if they're based on weak (at best) evidence of file sharing. It certainly wasn't in any university's best interests to basically help out a private organization in a business model dispute with its students. Yet, some university officials, falsely convinced by the RIAA that this was more than a business model dispute, decided to help out. And the response? The RIAA has increased the flood of notices, and then convinced Congress to move forward on legislation that would legally obligate universities to act as the RIAA's copyright cops.

Jammie Thomas case bodes ill for RIAA

p2pnet news view | RIAA News:- If Tanya’s Andersen’s cut-and-dried win against Vivendi Universal, EMI, Warner Music and Sony BMG’s RIAA has proved once again that standing up to bullies is always a good idea, the case against Jammie Thomas, another single mum, shows the RIAA up for what it is:

TorrentSpy Hacker Spied on The Pirate Bay for MPAA - Illegally obtained information cost the MPAA a lot of money

The MPAA has gone to extreme lengths to obtain information on illegal filesharing in an effort to shut down popular BitTorrent sites. This included paying $15,000 to a hacker to illegally retrieve information about TorrentSpy that ultimately assisted the MPAA in a court case leading to TorrentSpy’s demise. New information indicates that the MPAA was also paying this same hacker for information about Swedish BitTorrent tracker The Pirate Bay.

Jammie Thomas, RIAA cross swords in final briefs to judge

The RIAA and Jammie Thomas both filed their briefs with the Minnesota District Court court this week, bringing yet another phase of the drawn-out file-swapping case to a conclusion. Not surprisingly, Thomas thinks she deserves a new trial; the RIAA disagrees, saying that the jury instructions in the case were accurate. What's more, even if the "making available" theory turns out to be wrong and the jury instructions were therefore bad ones, Thomas is still guilty of "massive, deliberate infringement," says the RIAA.

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A Lot More At Stake In TorrentSpy vs. MPAA Email Snooping Lawsuit

For a few years now, we've been covering the battle between TorrentSpy and the MPAA. While TorrentSpy has given in and shut down on the question concerning the operations of its business, there was a separate legal question that is still being fought in court. As we noted recently, TorrentSpy has appealed the judge's ruling that the MPAA didn't break any laws in gaining access to its executives' emails. As you may recall, the MPAA hired a guy who hacked into TorrentSpy's servers to send copies of all the emails to himself first, which he then sold to the MPAA (he later regretted this decision and confessed to TorrentSpy, which is what resulted in the lawsuit in the first place). When the issue first came up in court, the MPAA played dumb, and pretended that it assumed the guy had legal access to the emails.

And Another Useful Online Music Service Shut Down By The RIAA

Ever since it launched, people have waited for the RIAA or its member record labels to go after Muxtape. The site allowed individuals to upload MP3s that they had and create a streaming "mixtape" of music. It was actually a pretty cool way to hear new music from individuals you trusted -- just like sharing mixtapes back in the 80s. You might think that, perhaps, the recording industry would recognize how successful mixtapes were back then in promoting certain bands, and wouldn't freak out about an online version. But, of course, this is the RIAA we're talking about. While the details aren't clear, Muxtape has shut itself down, claiming that it needs to get some stuff sorted out with the RIAA. There is always the possibility that it's doing this to get extra attention, but if we take the company at its word, then it seems likely that the u

Judge upholds $107,834 in attorneys' fees award against RIAA

One of the most closely-watched file-sharing cases is a step closer to an end. A federal judge has awarded exonerated RIAA defendant Tanya Andersen $107,834 in attorneys' fees, a figure that isn't exactly what either party wanted. Andersen, a single mother in Oregon, was accused by the RIAA in 2005 of sharing music over KaZaA. Andersen denied the charges, filed a countersuit, and the RIAA finally dismissed the lawsuit last summer. Once the RIAA dismissed the case, she sought and won an attorneys' fees award as the prevailing party.

More Evidence that Exploding Asteroid Caused Mass Extinction

Geological evidence found in Ohio and Indiana in recent weeks is strengthening the case to attribute what happened 12,900 years ago in North America -- when the end of the last Ice Age unexpectedly turned into a phase of extinction for animals and humans – to a cataclysmic comet or asteroid explosion over top of Canada.

Exploding Asteroid Theory Strengthened By New Evidence

Geological evidence found in Ohio and Indiana in recent weeks is strengthening the case to attribute what happened 12,900 years ago in North America - when the end of the last Ice Age unexpectedly turned into a phase of extinction for animals and humans - to a cataclysmic comet or asteroid explosion over top of Canada.

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