Lindor Attacks Record Company Copyright-Pooling

NewYorkCountryLawyer writes "Back in March, 2006, Marie Lindor called the record companies suing her a collusive cartel, and their joint agreement to pool their copyrights "copyright misuse" (pdf). A year and a half later, the RIAA apparently got nervous about that allegation and made a motion to strike the allegations. Ms. Lindor has struck back, pointing out to the Judge not only that the RIAA's arguments had no legal basis, but also that its brief was completely silent as to any justification for the record companies' copyright-pooling agreement. Such a justification would be necessary for it to pass muster under 'rule of reason' analysis mandated by the US Supreme Court. Ms. Lindor, a home health worker who has never even used a computer, let alone infringed anyone's copyrights with a p2p file sharing program, is the same defendant who exposed, with a little help from her friends, some of the weaknesses in the RIAA's expert testimony. She also obtained a ruling that the RIAA's $750-per-song file damages theory might be a wee bit unconstitutional."

Re:750 dollars a song

[semifamous]

Not yet. It's still copyrighted until 2030. [wikipedia.org]

Re:Better yet,

[NewYorkCountryLawyer]

Let's donate some money to her defense fund ... Too bad she doesn't have a website for that.

If you send a check to Vandenberg & Feliu, LLP, As Attorneys for Marie Lindor" we will deposit it in our escrow account and apply it to Ms. Lindor's account. I can assure you she will warmly appreciate it. Our mailing address is: Vandenberg & Feliu, LLP, 110 E. 42 St., New York, NY 10017, Att: Ray Beckerman

Thanks

Re:never used a computer??

[NewYorkCountryLawyer]

a home health worker who has never even used a computer

Uhh... WHAT??

Yup.

Believe it or not, the RIAA has sued as an 'online media distributor' one of the only people I have never met who has never used a computer. She has never even turned one on. The only thing she has ever done with a computer is to dust around one sometimes.

That should tell you the kind of "human beings" I am litigating against.

Re:750 dollars a song

[westlake]

I can't think of a single song that is "worth" a 10th, nay a 100th of that value.

You aren't paying for the single.

You are paying for your unlicensed and unlimited redistribution of the single through the P2P nets.

PayPal Account for Ms. Lindor's Legal Defense

[NewYorkCountryLawyer]

In the grand scheme of things, what I can contribute is very little, but you will receive a check from me. Also, don't be surprised if you find a modest bottle of scotch deliverd to that address as soon as I figure out the best way to have one legally delivered. That said... I'm sure this has been discussed before, but are there any legal reasons that you couldn't set up a website and/or Paypal account to accept further contributions? I'm sure that myself and Vlad Petric aren't the only /.'ers willing to contribute to the cause.

Good news. A family friend of Ms. Lindor's will be setting up a PayPal account for contributions to help her defray the costs of defending herself from the RIAA. Will post the information as soon as the account is set up. I will post the information here and on Recording Industry vs. The People [blogspot.com].

Meanwhile, about that drink......

Re:So musicians can not form unions

[morgan_greywolf]

To defend their rights together and gain bargaining power?

The RIAA [riaa.com] is not a musician's union. They are an association of record labels. Hence the name Recording Industry Assocation of America.

You're probably thinking of ASCAP [ascap.com] and BMI [bmi.com], which are copyright clearinghouses for songwriters and publishers. Even so, they aren't a musician's union, either.

PayPal Account for Ms. Lindor set up

[NewYorkCountryLawyer]

OK folks, I am pleased to announce that the PayPal account for Ms. Lindor's legal defense has been set up.

The email address is:

[e-mail]

Re:PayPal Account for Ms. Lindor's Legal Defense

[NewYorkCountryLawyer]

PayPal account has been set up [slashdot.org].

Re:Better yet,

[NewYorkCountryLawyer]

PayPal account has been set up [slashdot.org].

Moderators, I'm sorry if this is "redundant" but it's important that I get the message out to those who want to assist this poor woman.

Re:Better yet,

[NewYorkCountryLawyer]

Done. [slashdot.org]

Re:expert advice

[bravo369]

I read through most of the transcript of the Q/A with the RIAA expert. He pretty much agreed with the defendant's stance. I don't know if you can do this in a trial but I would try to make sure those answers are summarized on a 1-2 page document to make sure the judge sees the answers. No he did not see any filesharing SW on the pc, could not verify the MAC address, Could not verify how many PC's were behind the router, whether wireless was used...and most damaging that there are COUNTLESS ways to spoof an IP address. that alone BY THEIR EXPERT!!!...should get this lawsuit thrown out with the RIAA forced to pay lawyer fees and laughed out of court.

Re:Digital Audio Tape machines

[ScrewMaster]

Don't forget the fortunately unsuccessful attempt by the MPAA to have the Video Cassette Recorder ruled a contraband technology, and the legal battles both they and the RIAA have fought all down the line as new technologies are brought to market. They have the gall to talk about theft, when they've stolen far, far more from us and are trying to take more. There needs to be a certain balance, a balance that the Founders struck so well that it stood up for two hundred years. These people have to know what they're doing, the damage they're causing: the fact that the persist anyway indicates that they are the ones who are unbalanced.

Of course, realistically it's too much to expect attack lawyers funded by non-U.S. corporations to have any respect for the U.S. legal system or its citizens. Personally, the behavior of the RIAA member companies in this regard should have resulted in an international incident. I mean, if an American corporation went overseas somewhere, and funded a bunch of lawyers to begin suing the pants of the locals, you can bet there'd be an uproar.

Re:Digital Audio Tape machines

[Em Adespoton]

I mean, if an American corporation went overseas somewhere, and funded a bunch of lawyers to begin suing the pants of the locals, you can bet there'd be an uproar.

Ever heard of The Pirate Bay?

Unfortunately, there IS an uproar in many countries about the goings-on of American-funded entities in the rest of the world. It just doesn't make US (or other national) headlines for some reason.

Re:PayPal Account for Ms. Lindor set up

[NewYorkCountryLawyer]

To those of you who are doing this I would like to say thank you to each and every one of you, but I'd probably get modded "redundant". So I want to take this opportunity to thank each and every one of you.... you know who you are!

Re:I hope ...

[NewYorkCountryLawyer]

On PayPal at [e-mail]