Judge rejects RIAA victim request
p2pnet.net News:- Thanks to AOL, the The Big Four Organized Music cartel says it can prove disabled New York mother RaeJ Schwartz had an online account.
And that, claim Warner Music, EMI, Vivendi Universal and Sony BMG’s RIAA, is enough to haul her into court.
Schwartz is one of about 20,000 innocent American men, women and children whom the Big Four’s RIAA (Recording Industry Association of America) says have been “devastating” its owners by sharing music online.
However, none of the victims have appeared in a court. They either give in to RIAA extortion, “settling,” or their cases are still winding their way through the US judicial system, to the clear advantage of the labels and the distinct disadvantage of the people being sued, all of whom are very ordinary men and women without the financial or legal resources to take the multi-billion-dollar the Big Four on in any meaningful way.
Now, “Plaintiffs assert that defendant’s Internet Service Provider, America Online, Inc. (‘America Online’), has confirmed Schwartz “was the owner of the internet consent,” says a court document.
This, in turn, means her request for summary judgment motion would probably be denied, says Ray Beckerman, her lawyer, on Recording Industry vs The People.
Schwartz suffers from Multiple Sclerosis and has no more idea of downloading and distributing music that she does of building a computer, says her defence.
However, expect to see the RIAA soon turn away from her and instead target her daughter, as they’ve done with the children of other women such as Marie Lindor, Patti Santagelo an, Candy Chanthey, initially accused of being “massive” distributors of copyright music.
Warner Music, EMI, Vivendi Universal and Sony BMG claims file sharers are “criminals” and “thieves” and that file shared equal sales lost.
However, they’ve never been able demonstrate how their theory, or that it’s an accurate description of actual events.
Meanwhile, with file sharing, no money changes hands, no profits are made, and no one has been, or will be, deprived of anything he or she owned.
Stay tuned.
Also See:
Schwartz – RIAA builds new consumer class, November 5, 2006
Recording Industry vs The People – Judge Says No to Rae J. Schwartz Summary Judgment Motion Since RIAA Claims it has Letter from AOL Confirming Infringement, December 5, 2006
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December 6th, 2006 at 10:29 am
When leaders and people are pathologically fearful or mentally disturbed, they will use their mindless soldiers or lawyers or agents to trample anyone at anytime for no valid reason. And the judicial system always abides. Hitler comes to mind.
Then Americans in Viet Nam.
Then Americans in Cuba.
Then Americans in Iraq.
Then RIAA in the world.
Rafael Venegas
http://www.gvenegas.com