Patti Santangelo v. RIAA May Be Over 138
newtley writes "Odds are that Patti Santangelo, the RIAA case defendant and New York mother who has made a determined stand against the Big 4, may have won her battle to clear her name. She and her lawyer, Jordan Glass, have signed and submitted a stipulation to dismiss with prejudice the case lodged against her by the RIAA. US federal district court judge Colleen McMahon's language had earlier seemed to indicate it was time to end the farce, and the court had the power to entertain a motion for legal fees. Unfortunately, her two children are still 'in the line of fire' in the court room."
The signifigance of this case is overblown. (Score:5, Informative)
That being said, there are some significantly more important cases going on for the likes of the everyday file sharer. In particular, Ray Beckerman finally managed to depose the RIAA's expert witness in UMG vs Lindor, and, while not absolutely crushing him, showed him to be a very poor witness on which to build an airtight case. The outcome of that case could have a huge impact on how these cases are done in the future. A disastrous result for UMG might well discourage further lawsuits. Before you get excited, though, that case is months from being solved.
In addition, there are some other cases going in which the defendants might get fees on their own merits, but they need some time to resolve. It's amazing, but these cases are the first ones that might actually go to a trial.
Beckerman's blog, which is great reading for those interested in this stuff, is http://recordingindustryvspeople.blogspot.com/ [blogspot.com]
Bhuga
Comment removed (Score:5, Informative)
That word doesn't mean what ... (Score:5, Informative)
A stipulation is an agreement between both sets of lawyers. The case is over except the part where the judge makes the RIAA pay all the legal fees.
Re:This really means nothing (Score:4, Informative)
Re:It's copying. It's not theft. (Score:3, Informative)
Re:It's copying. It's not theft. (Score:3, Informative)
United States Copyright Law:
http://www.copyright.gov/title17/92chap5.html#501 [copyright.gov]
Further, In Dowling v. United States (1985), the United States Court of Appeals for the Ninth Circuit held that copyright infringement does not "easily equate" to theft and unauthorized copies are not stolen property. Copyright infringement is not a property crime; in fact, copyright infringement is only rarely handled as a criminal matter.
Perhaps copying a single CD or DVD from a friend for personal use is immoral (debateable), but it's certainly not criminal. Equating it to stealing will not hold up in a court of law.
Re:This really means nothing (Score:5, Informative)
Re:The signifigance of this case is overblown. (Score:5, Informative)
RIAA safe artist list (Score:5, Informative)
http://www.riaaradar.com/zeitgeist_topamazonsafe.
Re:A question for any lawyers out there... (Score:5, Informative)
Since they've been doing it for about 400 years, there's little chance of getting anywhere with complaints now.