Lindor Attacks Record Company Copyright-Pooling 136
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:Let's buy this woman a drink (Score:2, Insightful)
Knowing Congress, the actual text of the bill would make the RIAA's tactics legal.
Re:750 dollars a song (Score:4, Insightful)
Any legal costs fund for her? (Score:1, Insightful)
Re:Ha-ha, RIAA (Score:3, Insightful)
Boy have you got that right.
What nerve! (Score:4, Insightful)
I say! She's challenging the bedrock of modern law! It's all written and owned by the cartels, corporations, rich and poweful and they've earned it! They have worked very hard and at no little expsense to get those laws, buying representatives, influencing judge selections and so forth. How dare the little ordinary person challenge this status! This almost made the monocle pop right out of my eye! I shall have to see what I can do to prevent these common rabble from believing they were hah! created equal.
Re:DON'T PUT THE VAGINA ON A PEDESTAL (Score:3, Insightful)
never used a computer?? (Score:3, Insightful)
Uhh... WHAT??
Re:DON'T PUT THE VAGINA ON A PEDESTAL (Score:3, Insightful)
Re:750 dollars a song (Score:3, Insightful)
Re:Let's buy this woman a drink (Score:3, Insightful)
I can only do like $20, but if half of the registered
Soap box.. (Score:5, Insightful)
Our friend, the NewYorkCountryLawyer, has not only made Slashdot his personal soap box, what the Russians would call the 'Father of all soapboxes', but he has managed to harness all the good ideas generated from several Slashdot stories and put them to good use. Not only has he put these ideas to his own personal good use, he's doing good for society as a whole, and sticking it to the RIAA in the process.
Sir, I tip my hat to you. Keep up the good work.
Aero
Who's laughing now? (Score:3, Insightful)
Re:I hope ... (Score:4, Insightful)
As an added benefit, the mass loss of copyrights would force a situation where established musicians could make a good living without a heavy reliance on copyright. I would be just as happy (if not happier) to buy tickets to a Rolling Stones concert if all their work were public domain, as I would be if it remains privately owned.
Re:Let's buy this woman a drink (Score:2, Insightful)