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Mom, and Now Judge, Stand Up to RIAA 670

Nom du Keyboard writes "First there was the mother, Patricia Santangelo, who has refused to roll-over to RIAA demands to pay their extortion fee because they claim to have identified her IP address as involved in Kazaa file sharing. Now Judge McMahon doesn't seem to be letting the RIAA have it all their way either in this case. Godwin's Law summarizes the rebuke of Judge McMahon to the RIAA lawyer now that a court case has been filed. A transcript of the entire court appearance is also available."
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Mom, and Now Judge, Stand Up to RIAA

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  • Finally..... (Score:4, Insightful)

    by DotNM ( 737979 ) * <<matt> <at> <mattdean.ca>> on Thursday September 01, 2005 @07:52PM (#13459669) Homepage
    I think it's about time that someone is standing up to the **AA's in the world!
  • About time (Score:5, Insightful)

    by Anonymous Coward on Thursday September 01, 2005 @07:54PM (#13459684)
    Good this is getting ridiculous. Law suits should not be a legitimate business model.
  • Re:Finally..... (Score:3, Insightful)

    by eosp ( 885380 ) on Thursday September 01, 2005 @07:54PM (#13459687) Homepage
    Maybe someone in the govt. is sane for once.
  • by GreyWolf3000 ( 468618 ) on Thursday September 01, 2005 @08:03PM (#13459743) Journal
    ...armed with a soccer mom at our side, I seriously doubt any branch of the government will take our opposition seriously. Because the **AA's buy the politicians, but they still have to sell them to soccer moms.
  • Re:Finally..... (Score:2, Insightful)

    by payback451 ( 867372 ) on Thursday September 01, 2005 @08:11PM (#13459794)
    Yea, and end their power trip. Granted, they have valid reason for going after people for what they're doing (Or in these cases apparently not doing), I believe there has to be a better way to try and stop all the file sharing other then charging someone a couple thousand and giving them jail time.
  • Comment removed (Score:5, Insightful)

    by account_deleted ( 4530225 ) on Thursday September 01, 2005 @08:15PM (#13459831)
    Comment removed based on user account deletion
  • Dude, not everyone (Score:4, Insightful)

    by geekoid ( 135745 ) <dadinportlandNO@SPAMyahoo.com> on Thursday September 01, 2005 @08:22PM (#13459877) Homepage Journal
    lives in the same world as you.
    I know many peopel who don't knwo what kazza is, or more importantly, how it works.
  • by The Outbreak Monkey ( 581200 ) on Thursday September 01, 2005 @08:25PM (#13459897)
    Good cough. However...

    While Clinton signed the DMCA, the RIAA were the ones that decided to use it for extortion (http://en.wikipedia.org/wiki/Extortion [wikipedia.org]). Luckily, a judge that Clinton appointed is trying to put a stop to that. Checks and balances...more than just an idea?

    Good cough none the less ;) Touché.
  • by l0ungeb0y ( 442022 ) on Thursday September 01, 2005 @08:28PM (#13459921) Homepage Journal
    I have mod points, but there's no -1 asshole option.

    So back in your face fuckwad...
    Why don't you pull your ass out of your world of warcraft fantasy world, turn off the computer, walk outside and TALK TO PEOPLE.. you might just find that very few people care that much about computers, software and gadgets and of those few that do, maybe 3% have any real understanding of "what it's all abut".

    And just how much time do you think a single mother of 5 has to devote to figuring out all the nifty shit a computer can do when she has work, bill, and five pesky kids to watch over and feed? Hell, I bet she uses her computer to do her taxes, pay bills and chat with family when she has time to use it at all.

    So to you and others like you, wake the fuck up and get out more because you're a borderline sociopath who's clearly lost touch with the real world.
  • Re:Finally..... (Score:5, Insightful)

    by CDMA_Demo ( 841347 ) on Thursday September 01, 2005 @08:36PM (#13459972) Homepage
    In Gandhi's world:

    First they ignore you. Then they laugh at you. Then they fight you. Then you win.

      Gandhi
  • Hats off to the judge, but you forget Mr. Clinton was the **AA stooge who signed the DMCA into law.
  • Better yet (Score:5, Insightful)

    by A nonymous Coward ( 7548 ) on Thursday September 01, 2005 @08:39PM (#13459995)
    So the judge says: "okay, big boys, bring on the lava. Don't try to lure the virgin into the forest

    Better yet, what she said was, Don't expect me to lure the virgin into the forest. Once you've brought her to me, she's under my protection, I decide, not you and your gang hidden away in the forest.
  • by shalla ( 642644 ) on Thursday September 01, 2005 @08:40PM (#13460003)
    Homosexuals sue to get married, which is an act under GOD and not man.

    Really? I wasn't aware of that. And here I got legally married by a district magistrate and didn't even know he was working for God. And all those papers I filed, did they go to God too?

    Is God responsible for insurance coverage and cost differences based on marital status of a household?

    Marriage is not only a religious institution. Historically, it's been used as a way to determine inheritance, cement alliances, transfer property, and establish responsibility and rights for others. Saying it is only a religious institution is a fairly narrow view. It can also be legal, cultural, societal, economic, and religious.
  • by Garwulf ( 708651 ) on Thursday September 01, 2005 @08:47PM (#13460037) Homepage
    I'm an author, and that means I'm an intellectual rights advocate. And quite frankly, I can see the basis for wanting to stop music piracy. And while recording artists are treated quite poorly in comparison to authors and actors, every time some music is pirated, it IS money that would have otherwise gone to the artist (and a lot more that would have gone to the recording studio, of which quite a bit should be going to the artist instead in my opinion, but that's another issue).

    Unfortunately, the RIAA goes about it in such a thuggish way that it's just an embarassment, and makes it impossible to support them. It's like saying that guns are dangerous and some people might have some without a license, and then breaking into every house within five blocks and performing a search. The ends here just do not justify the means.
  • Re:OMGOMGOMG (Score:2, Insightful)

    by HardCase ( 14757 ) on Thursday September 01, 2005 @08:50PM (#13460061)
    They do if you aim carefully.
  • Crap, unclosed tag (Score:3, Insightful)

    by David Rolfe ( 38 ) on Thursday September 01, 2005 @08:50PM (#13460062) Homepage Journal
    That's what preview is for, huh?! Attn: Slashdot, it's 2k5, how about editing posts as long as there aren't yet replies?!
    ---

    All you have to do is tell your kids "don't break the law." It's just so easy isn't it? (You guys all have kids, right?) Well it would be easy, if the U.S.C. wasn't so huge; and we didn't need law degrees to understand it and all its implications.

    Here's an idea - a new book called U.S.C. 2005, For Kids!, or maybe a weekly cartoon show would be better. Anyway, then parents might have a chance when it isn't merely enough to to know right from wrong. The test isn't "son, did you know this was right or wrong" it's the U.S.C.

    When I was or was not phreaking as a 'kid' I had a pretty good sense that it was or could have been wrong (essentially fraud, trespass). However, earlier than that, when I was playing games (or drawing pictures with Doodle or Print Shop) on the C-64 I didn't think/know it was breaking the law to (hypothetically) copy games/softwares at the CUG. Even though copying was rampant back in those 'hobbiest' days, it didn't make it any more legal. What's the statute of limitations on this kind of stuff? (That would be covered in my book/cartoon! How long you have to keep it secret!)

    What I'm saying is -- I don't think I could rely on a 6- to 11-year-old's sense of copyright infringement even if they have a sufficiently developed sense of 'right and wrong'. (It might be obvious not to hit Suzie, but it might be harder to tell about making a certain noise before dialing a phone number or duplicating a certain disk.)

    Hmm, this is probably why the *AA's are trying so hard to indoctrinate -- er, educate -- children in their schools.
  • a harried, overworked stressed out recently divorced soccer mom and mother of five comes into a courtroom and she says she doesn't know what the hell is going on

    you think she's stupid?

    i think she's innocent

    innocence has a funny way of appearing stupid to cynics in this world, you know?

    but more important than that should be to you is this: it is upon this poor woman's back that an EXTREMELY cynical enterprise, the RIAA lawsuit mill, might actually be broken

    so don't look your gift horse in the mouth

    you should BLESS this woman and THANK her for being technically clueless!

    there is a certain amount of knowledge in this world that is assumed to be necessary for you to survive: you have pay your taxes, you need a driver's license, etc.

    but i hardly see that what you are saying is true at all: that the knowledge "p2 is bad" is common or even necessary
  • by shawb ( 16347 ) on Thursday September 01, 2005 @08:54PM (#13460081)
    It didn't matter whether Clinton signed it or not... unanimous Senate vote. Sure, he could've vetoed, in which case it would have went back and his veto would have been overturned. In the process Clinton would have lost good faith with the legislators, making everything else that much harder to push through.
  • by Anonymous Coward on Thursday September 01, 2005 @08:57PM (#13460090)
    The RIAA will pay her to settle with an agreement to "never share music again" or some idiot language. Unless her lawyer thinks a countersuit would bring a whole hell of a lot of money in damages, the lawyer will advise her to settle. After all, they'll probably only offer her enough to pay her lawyer.
  • The judge's bias (Score:5, Insightful)

    by Anonymous Brave Guy ( 457657 ) on Thursday September 01, 2005 @09:01PM (#13460115)
    By the way, how far does the judge have to go in saying that he's leaning towards a particular party before the evidence is even presented, before he starts risking invalidating the whole trial?

    Since IANAL, I can't answer that, but let's look at the transcript. The judge tells the defendant to try to find a lawyer, and allows time for this, squashing the plaintiff's attempt to get material from the defendant under oath before the legal advice is available. Then she tells the defendant she wants her to fight the case, and tells the plaintiff's lawyer that he has to present his case in court now they've started a lawsuit. Throughout, the judge is fairly clearly in favour of the defendant getting a fair day in court.

    The one thing she doesn't do is give any indication of whether she thinks the defendant should actually win the case, and to my legally untrained mind, that seems to be the only thing that would have been inappropriate. In fact, I find it rather reassuring and highly appropriate that a judge was heavily in favour of a defendant fighting against a fair case in court, and not being intimidated into doing things that aren't in their best interests without the benefit of counsel.

  • by Efialtis ( 777851 ) on Thursday September 01, 2005 @09:01PM (#13460120) Homepage
    So, lets say I go out and buy a DVD movie...
    And I go out and buy a CD of music...

    Then I go out and download every scene on that DVD from KAZAA or (insert your favorite file sharing thing here)...
    Or I download every song off the CD from (share system)

    Have I broken the law?
    How do they know that I didn't buy it, how do they know that I don't have rights to make copies or download copies of something I have purchased...???

    Hmmmm...methinks that something is smelling, and it wasn't beans and cabbage...
  • by jmazzi ( 869663 ) on Thursday September 01, 2005 @09:11PM (#13460176) Homepage
    There should really be a good disclaimer for downloading kazaa. Something like:

    "Warning, downloading music illegally may put your family in jail".

    Im sure there is some kids who really just dont know its wrong. They figure, hey, they play music on the radio and it costs me nothing , why can't i just download a song I want to hear?
  • Quote of the week (Score:5, Insightful)

    by elronxenu ( 117773 ) on Thursday September 01, 2005 @09:13PM (#13460184) Homepage
    This is good ...

    From [stereophile.com]http://www.stereophile.com/news/082205riaa/ [stereophile.com] ...

    In the war against copyright infringement, organizations like the RIAA and MPAA have taken to characterizing the major culprit as organized crime, pointing to parallels with the traffic in illegal narcotics. "The markup for a kilo of heroin is 200%," claimed Warner Music spokesman Craig Hoffman. "The markup for pirated CDs and DVDs is 800%."

    I wonder what the markup is on commercially produced CDs and DVDs ... 8000% ??

    Such ... irony ... the recording industry complaining about the high price of pirated content ... cannot ... suppress ... gales of laughter ...

  • by Saeed al-Sahaf ( 665390 ) on Thursday September 01, 2005 @09:26PM (#13460251) Homepage
    Yes, but the current proceedings will have very little if anything to do with the final outcome, so really, this is all just a bit of masturbation going around about whether it's good spin or bad.
  • by Furry Ice ( 136126 ) on Thursday September 01, 2005 @09:28PM (#13460262)
    What's illegal about using P2P networks to share information you have a right to distribute? Always keep in mind that P2P isn't illegal, but sharing copyrighted material without permission to distribute it is.
  • by interiot ( 50685 ) on Thursday September 01, 2005 @09:53PM (#13460445) Homepage
    The judge is interested in a fair day in court?
    whether she thinks the defendant should actually win the case
    Eh?
    because I would love to see a mom fighting
    one of these.

    That's awfully close to saying that the defendant should win.

    She's also already made her mind up that there's a group of cases that all seem alike. That may not be legally problematic, but frankly divulging such information seems like it's crossing a line that most judges don't cross at the beginning of a case.

    Certainly, it's possible and probable that the judge was thinking that the cases often had endings that didn't further the goals of objective judicial justice. But to start making sweeping statements about a particular plaintiff at the very beginning gives too much of an appearance of predjudice.

  • by mrchaotica ( 681592 ) on Thursday September 01, 2005 @09:57PM (#13460472)
    Hey ought to act on it anyway, just because otherwise that landlady will do the same thing again to another student -- and maybe one who doesn't have a job at Google to fall back on!
  • by mrchaotica ( 681592 ) on Thursday September 01, 2005 @10:25PM (#13460655)
    I'm an author, and that means I'm an intellectual rights advocate.
    No it doesn't. It means you're an author. You might also be an intellectual rights advocate, but the one does not imply the other.

    As an example, Ben Franklin was an inventor, yet he was an opponent of "intellectual property." Out of all the things he invented (the Franklin stove, bifocals, etc.) none of them were patented.

    every time some music is pirated, it IS money that would have otherwise gone to the artist
    Not necessarily. In my experience, most people who download music would have just done without otherwise.

    You seem to have some problems constructing a logical argument. Specifically, you tend to assert that A implies B, even when it doesn't. Perhaps you should read up on logical fallacies [datanation.com] so as to actually be able to convince thinking people. Pay special attention to begging the question [datanation.com].
  • by RikF ( 864471 ) on Thursday September 01, 2005 @10:32PM (#13460686)
    It is when the looters are shooting at the rescue workers - they called off the air-ambulances when one of them was shot at.
  • by Overly Critical Guy ( 663429 ) on Thursday September 01, 2005 @10:36PM (#13460704)
    I just wish Slashdot stopped posting summaries like that. We're adults; we don't need rhetoric spoonfed to us.

    First there was the mother, Patricia Santangelo, who has refused to roll-over to RIAA demands to pay their extortion fee because they claim to have identified her IP address as involved in Kazaa file sharing.

    "Extortion fee?" They identified an IP address from her computer that was infringing on their copyrighted materials, and so they legally went after her. I don't see "extortion" thrown around when people are demanding to sue companies that violate the copyright of the GPL.

    I just think people use the RIAA as a scapegoat too often just to justify piracy. Five years ago, Slashdot, editors included, were ADVOCATING that they go after individual downloaders and lay off the companies like Napster. Five years later, they're doing just that, and suddenly that's wrong too.
  • by donscarletti ( 569232 ) on Thursday September 01, 2005 @10:38PM (#13460719)
    You should probably sue your landlady and use the legal system for persecuting people who really do deserve it.
  • Re:Finally..... (Score:5, Insightful)

    by Matt Perry ( 793115 ) <perry.matt54@ya[ ].com ['hoo' in gap]> on Thursday September 01, 2005 @10:43PM (#13460734)
    First they ignore you. Then they laugh at you. Then they fight you. Then you win.
    That quote goes both ways. First we ignored the RIAA and MPAA. Then we laughed at them. Now people are standing up to them in court. So, what happens next? They win?
  • I too... (Score:5, Insightful)

    by MacDork ( 560499 ) on Thursday September 01, 2005 @10:50PM (#13460779) Journal
    I'm an author, and that means I'm an intellectual rights advocate.

    I'm an author too, I write software. I'm an intellectual rights advocate as well. I advocate considerably shorter copyright terms and an entire restructuring of the patent system. Copyright is completely broken by the existence of copyright terms lasting for life + 75/95 years. Copyright should last a maximum of 28 years. Given the extremely efficient means of distribution and production that we have today as opposed to 200 years ago, I would even support shorter terms. Special interests and politicians like Sonny Bono have stolen what rightfully belongs in the public domain. In doing so, they have created an environment where the people at large see no reason to respect the system. Because the system is so imbalanced, people feel no shame infringing on an author's copyright. Who here would refuse to sing "Happy Birthday" [snopes.com] to their child in public on grounds of infringing Time Warner's intellectual property?

    Additionally, they've created an environment where innovation is no longer possible. An author cannot build on the work of others because once written, the work is monopolized perpetually. Due to the system we have now, innovation is dragging to a halt. The systems that made this country mighty are now killing it. Look at how horribly broken the patent system has become. Numerous 'businesses' exist solely to patent everything thinkable and sue anyone who dares to create. Empty shell companies do nothing but collect 'Intellectual Property' and sue others who attempt to make an idea into reality.

    The fundamental reason for copyright, patents and the whole morass of 'intellectual property' is to encourage innovation and progress, not to impede it. The only way to restore intellectual rights is to restore balance to the system. Even if they weren't suing grandmothers and children, I'd feel no pity for the RIAA. They and their lobbyists have only brought this upon themselves. Massive and flagrant infringement is the symptom, not the disease.

  • by Vanye1 ( 448817 ) on Friday September 02, 2005 @12:14AM (#13461307)
    Certainly, it's possible and probable that the judge was thinking that the cases often had endings that didn't further the goals of objective judicial justice. But to start making sweeping statements about a particular plaintiff at the very beginning gives too much of an appearance of predjudice.


    And there is no reason that the judge couldn't disqualify herself from the actual trial, once she's given the defendant the chance to actually defend herself.
  • by Trepalium ( 109107 ) on Friday September 02, 2005 @12:15AM (#13461313)
    You may be reading too much into that. It's one of those things that could be used to suggest that bias exists, but does not prove it. Also, given the conduct of the RIAA lawyer at the start of the case, I don't believe that the judge's conduct is out of order. Think of that statement as just another assertion by the judge that she is in control of this courtroom, and it's run by her rules, whether the RIAA lawyer likes it or not.
  • by DDLKermit007 ( 911046 ) on Friday September 02, 2005 @12:20AM (#13461337)
    Actually the judge can help a defendant like that if the defendant does not have a lawyer at the time. The judge was doing the right thing. It's for those who are dumb enough to go it without a lawyer can have some sort of idea on what the hell is going on and don't get pummled too heavily, but is also if the defendant is incompitent (like the soccer mom).
  • Re:Finally..... (Score:5, Insightful)

    by aminorex ( 141494 ) on Friday September 02, 2005 @01:54AM (#13461820) Homepage Journal
    Gandhi was not operating according to the principles of this world. There are few people alive who can achieve the kind of success he did, and using his success as a precedent will almost invariably lead you astray. That doesn't mean that he wasn't right about the principles, but it does mean that you should consider the cost before applying them. Then go for it.
  • Re:Finally..... (Score:4, Insightful)

    by heatdeath ( 217147 ) on Friday September 02, 2005 @02:18AM (#13461903)
    First they ignore you. Then they laugh at you. Then they fight you. Then you win.

    Gandhi

    This is annoying, and almost offensive. To compare Gandhi in any way to the selfish and morally devoid mantra of "I want this for free, so I'm going to construct a philosophical framework that lets me justify stealing it" is completely off-base. The very fact that you're making a comparison like this, and have been modded up to (Score: 5, Insightful) shows me just how few people on slashdot have actually stood for any cause that mattered.
  • by SilverspurG ( 844751 ) * on Friday September 02, 2005 @02:34AM (#13461966) Homepage Journal
    The big difference is that now, file trading can completely replace legitimate purchases
    It can, but it doesn't. Just like pigs can fly, but they don't. Quit spreading FUD. The music industry will be just fine after it gets its head out of its backside and turns around to face the reality that sharing is one of the few good parts of life.
    However, it completely ruins the business model of music distribution to allow for anonymous, limitless music sharing
    No. It doesn't. Automated file sharing has been around for over 10 years and the media industry still turns a profit every year.
  • by FidelCatsro ( 861135 ) <fidelcatsro&gmail,com> on Friday September 02, 2005 @06:07AM (#13462613) Journal
    "They should be the last people pointing fingers and accusing someone of being a crook"
      I think the saying "Takes one to know one" is fairly relevant in this case
  • Re:Finally..... (Score:3, Insightful)

    by Bimo_Dude ( 178966 ) <[bimoslash] [at] [theness.org]> on Friday September 02, 2005 @07:22AM (#13462798) Homepage Journal
    I do not find this quote annoying and offensive. I think you're taking it out of context.

    The point is that the *AA is going around suing anybody they possibly can, regardless of whether or not the people being sued have used file sharing. The *AA has no real evidence, and persists in harassing, threatening, and using strong-arm tactics to extort money from people who usually can ill-afford to pay. This is about the modern day protection racket. They are a bunch of thugs, and we all need to stand up against them.

  • Re:Finally..... (Score:3, Insightful)

    by magarity ( 164372 ) on Friday September 02, 2005 @09:15AM (#13463314)
    Than communism collapses and you starve to death on the streets
     
    More like you starve to death on the streets because communism continues to flop about instead of dying completely. Look at Poland vs Russia. In one country they bit the bullet and did away with practically all the old communist institutions, had two years of extremely high inflation and a lot of anxiety, made it past and now all is reasonably well. In the other country they kept 80% of the communist institutions and tendencies and are STILL struggling.
  • Re:About time (Score:2, Insightful)

    by noidentity ( 188756 ) on Friday September 02, 2005 @10:26AM (#13463740)
    "Uhhh ... you do know that Judge McMahon is a woman, yes?"

    That would only be relevant if the original poster was being sexist in assuming that the speaker was male and that a male talking about a mom fighting a case must be sexist.

    Anyone can be sexist, including towards the same sex.
  • Re:Finally..... (Score:4, Insightful)

    by jedidiah ( 1196 ) on Friday September 02, 2005 @10:31AM (#13463790) Homepage
    You self-righteous twit. NO ONE has to construct anything.

    The "justification" was already written by the likes of Thomas Jefferson before the relevant laws and preceeding constitution were written.

    Also, this issue has far broader implications than just whether or not some kid can download yesterdays's top 40 hits. This is why the problem of suppressing this form of information exchange was explicitly addressed by the founding fathers.

    Copyright is a balance between competing public and private interests, not just a simple virtual land grab.

    Me downloading the Beatles catalog is not stealing. It's merely acting consistent with the original intent of copyright law.

    But why stop at just music. There's also great literature and textbooks to consider. Under your morally simplistic view of things, all the great works of our civilization would end up forever and irrevocably trapped in a mire of ownership interests.

    You're only even alive today, and able to experience a nice soft live, because a few Irish monks 1500 years ago decided to pirate everything they could get their hands on.

He has not acquired a fortune; the fortune has acquired him. -- Bion

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