[ga] RIAA Foiled again By "Innocent Infringement" Defense

["Jeffrey A. Williams" <jwkckid1@xxxxxxxxxxxxx>]

All,

  Seems to me that this RIAA saga has reached a level of
the RIAA becoming a "Cyber bully" and therefore their
Domain Name would seem to be a representation of a
"Abusive Domain name.  Time to take their Domain Down?
Well I think so.

  Further, seems that the RIAA has demonstrated yet again it's
decided lack of legal expertise.  Small wonder eh?  But they
still can't seem to get the message.  That being that their tactics
and acumen in this area of law is less than professional or
reasonable.

  I think I would elect to go to trial if I were the defendant or her
lawyer.  That way they have a chance of reducing even further
the $200.00 and possibly can seek their own damages as well.

 http://recordingindustryvspeople.blogspot.com/ NewYorkCountryLawyer
writes "In an interesting development in a Texas case against a
college-age defendant who was 16 at the time of the infringement, the
Judge has

http://recordingindustryvspeople.blogspot.com/2008/08/innocent-infringement-defense-may.html

denied the RIAA's summary judgment motion and ordered a trial of the
damages even though the defendant admitted copyright infringement using
Kazaa based on the 'innocent infringement' defense, which could reduce
the statutory damages to $200 per song file.  Relying on [2]BMG v.
Gonzalez (PDF), the reasoning of which I
http://recordingindustryvspeople.blogspot.com/2007/01/how-riaa-litigation-process-works.html#damages

have criticized on the 'innocent infringement' issue, the RIAA argued
that Ms. Harper does not qualify for the 'innocent infringement'
defense, since CD versions of the songs, sold in stores, have copyright
notices on them.  In its
http://beckermanlegal.com/Documents/maverick_harper_080808.pdf
15-page decision (PDF) the Harper court rejected that contention,
holding that 'a question remains as to whether Defendant knew the
warnings on compact discs were applicable in this KaZaA setting', since
'In this case, there were no compact discs with warnings.' Finding that
there was a factual issue as to what the defendant knew or didn't know
at the time of the infringement, the Court ordered a trial of the
damages unless the RIAA agrees to accept $200 rather than the $750-plus
it seeks per infringed song."

Regards,

Spokesman for INEGroup LLA. - (Over 281k members/stakeholders strong!)
"Obedience of the law is the greatest freedom" -
   Abraham Lincoln

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very often the accident of glory" - Theodore Roosevelt

"If the probability be called P; the injury, L; and the burden, B;
liability depends upon whether B is less than L multiplied by
P: i.e., whether B is less than PL."
United States v. Carroll Towing  (159 F.2d 169 [2d Cir. 1947]
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