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Two Ex-RIAA Staffers Head Up ESA - Crackdown on gaming piracy expected

The Entertainment Software Association has traditionally been kinder to illegal filesharing than have other entertainment trade associations such as RIAA and MPAA. However, a former RIAA executive and an ex-RIAA lawyer are now in head positions at the ESA and that has some people wondering if there is going to be a RIAA-style crackdown on the illegal filesharing of computer games. Some believe that this could even lead to targeting people who get pirated copies of the game solely to get around DRM. There is additional concern that the gaming industry is not big enough to fight back against RIAA-like lawsuits if indeed the same methods used by RIAA were implemented by the ESA.

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.

Tenise Barker Takes On RIAA Damages Theory

NewYorkCountryLawyer writes "Tenise Barker, the young social worker from the Bronx who took on the RIAA's 'making available' theory and won, has now launched a challenge to the constitutionality of the RIAA's damages theory. In her answer to the RIAA's amended complaint [PDF], she argues that recovering from 2,142 to 428,571 times the actual damages would be a violation of Due Process. She says that the Court could avoid having to find the statute unconstitutional by construing the RIAA's complaint as alleging a single copyright infringement — the use of an 'online media distribution system' — and limiting the total recovery to $750. In the alternative, she argues, if the Court feels it cannot avoid the question, it should simply limit the plaintiffs' damages to $3.

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.

RIAA 'Elektra V. Barker' Case Is Settled

NewYorkCountryLawyer writes "Elektra v. Barker, one of the leading cases repudiating the RIAA's 'making available' theory, has been settled. Unlike in most cases, the actual settlement agreement (PDF) is on file with the Court, and a matter of public record. Now Ms. Barker's attack on the constitutionality of the RIAA's damages theory, as well as her other defenses — including unclean hands based on MediaSentry's illegal behavior, the RIAA's inability to sue for statutory damages, and innocent infringement — will not be adjudicated, and it will fall on the shoulders of other defendants to carry the day on those issues. Ms. Barker, a young social worker who lives in the Bronx, once told p2pnet 'I love music. I grew up in a house where music was played all the time.

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.

ABA Says RIAA File Sharing Watchers Shouldn't Need Private Investigators' Licenses

We've seen a few cases against the RIAA in which either state officials or defendants will point out that the RIAA's hired hands in tracking down file sharers -- companies like MediaSentry -- are violating state laws requiring private investigators' licenses for certain activities. Now, the American Bar Association (ABA) has put out a report suggesting that this is silly, and that states and judges shouldn't require such companies to have a PI's license. While I'm a bit surprised at myself, I actually agree with the ABA. As distasteful as the RIAA's legal strategy is, and as flimsy as the evidence is that these company's collect, going after them for not having a PI's license is focusing on a loophole, not the actual merits. And, honestly, most of these requirements for PI licenses are really just a way to create artificial scarcity in th

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:

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.

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

NC Judge Takes "A Fresh Look" At RIAA Subpoenas

NewYorkCountryLawyer writes "When some North Carolina State students recently brought to the attention of the Court the apparent illegality of the RIAA's investigations by unlicensed investigators, they also caught the attention of the judges. After reading these new papers, District Judge Louise W. Flanagan, who admits that she's been routinely signing the RIAA's ex parte discovery orders in the past, has indicated that she is now going to take 'a fresh look' at the RIAA's tactics. She issued a stay of the subpoena, ordering NC State not to respond to it, and referred the motions to dismiss the cases to a Magistrate Judge for him to take that 'fresh look' at what has been going on."

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.

RIAA MediaSentry in new Michigan student case

p2pnet news view | RIAA News:- Michigan students are determined RIAA ‘investigator’ MediaSentry is held accountable for practicing as a private eye in the state without a license.

RIAA ?MediaSentry? owner hired by China

p2pnet news view RIAA |Â DRM | P2P:- It seems somehow fitting that SafeNet, a leader in digital wrongs and owner of seriously discredited RIAA ‘private eye’ MediaSentry, has been hired by the People’s Republic of China.

RIAA puts the mockers on Muxtape

p2pnet news view Music | RIAA News:- “Muxtape will be unavailable for a brief period while we sort out a problem with the RIAA.�

RIAA Gets Nervous, Brings In Big Gun

NewYorkCountryLawyer writes "I guess the RIAA is getting nervous about the ability of its 'national law firm' (in charge of bringing 'ex parte' motions, securing default judgments, and beating up grandmothers and children) to handle the oral argument scheduled to be heard on Monday, August 4th in Duluth, in Capitol v. Thomas. So, at the eleventh hour, it has brought in one of its 'Big Guns' from Washington, D.C., a lawyer who argues United States Supreme Court cases like MGM v. Grokster to handle the argument. This is the case where a $222,000 verdict was awarded for downloading 24 songs, but the judge ultimately realized that he had been misled by the RIAA in issuing his jury instructions, and indicated he's probably going to order a new trial.

RIAA Pays Tanya Andersen $107,951

NewYorkCountryLawyer writes "Well, Phase I of the RIAA's misguided pursuit of an innocent, disabled Oregon woman, Atlantic v. Andersen, has finally drawn to a close, as the RIAA was forced to pay Ms. Andersen $107,951, representing the amount of her attorneys fee judgment plus interest. But as some have pointed out, reimbursement for legal fees doesn't compensate Ms. Andersen for the other damages she's sustained. And that's where Phase II comes in, Andersen v. Atlantic. There the shoe is on the other foot, and Tanya is one doing the hunting, as she pursues the record companies and their running dogs for malicious prosecution. Should be interesting."

RIAA loses yet another legal battle against suspected music downloader

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?

RIAA Exec Jumps To The ESA: Expect Lawsuits Against Video Gamers

You would think that anyone taking an objective look at the RIAA would recognize what a complete disaster the organization has been over the past decade. It's fought off every new innovation in the marketplace (remember, it tried to kill off mp3 players as illegal), alienated a huge number of its biggest customers and failed to do much to actually get the industry in a position to capitalize on new distribution and promotional methods created by the internet. In other words, it's done plenty to hurt the industry while doing almost nothing to help it. You would think that might make folks in similar organizations think twice about hiring execs from the RIAA, but perhaps not.

RIAA confirms it's behind the Muxtape shutdown

Muxtape, the love-child of the Internet and 80s cassette mix tapes, has had its plug pulled by the RIAA. Currently, visitors to the site are greeted with a brief statement that Muxtape will be "unavailable for a brief period while we sort out a problem with the RIAA."

RIAA, KaZaA user settle 3-year-old lawsuit for $6,050

One of the longest running file-sharing lawsuits has come to a close, as Denise Barker and the RIAA have mutually agreed to settle a three-year-old lawsuit for $6,050. Barker has been represented by Ray Beckerman, known for his Recording Industry vs The People blog, who used the case as a platform to attack the foundations upon which the RIAA has built its legal campaign.

RIAA issue prompts Muxtape hiatus

Free music mixtape service Muxtape has temporarily been shut down due to pressure from the Recording Industry Association of America (RIAA). There's not much more information about downtime besides a small note on the front page of Muxtape.com saying that "Muxtape will be unavailable for a brief period while we sort out a problem with the RIAA."

RIAA Wants To Throw In the Towel On 3-Year-Old Case

NewYorkCountryLawyer writes "After three years of pursuing a home health aide in Brooklyn who has never even used a computer, the RIAA has announced it's ready to throw in the towel. Only thing; it wants the dismissal to be 'without prejudice' so it won't be liable for attorney's fees. The courts have been saying that where a copyright plaintiff gives up, the defendant is presumptively entitled to an attorney's fee award. So, Ms. Lindor says 'no way.' She wants the dismissal to be 'with prejudice,' and she wants her attorney's fees." We've been discussing this case and Ms. Lindor's fight against the RIAA for quite some time.

RIAA Presses Muxtape's Stop Button

If you're a keen user of the nostalgic Muxtape service then you may already know that the very large finger of the RIAA has pressed it's stop button for the time being. Muxtape enables users to create a virtual custom mix-tape that can be shared with others who can listen to it via streaming audio. At present, visitors to the Muxtape website will see the image of a cassette tape with a short message that reads: "Muxtape will be unavailable for a brief period while we sort out a problem with the RIAA".

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