p2pnet - rss feed: Michelle Santangelo judgment
p2pnet.net News:- Patti Santangelo’s daughter, Michelle, is now a true victim of the Big 4 Organized Music cartel’s RIAA (Recording Industry Association of America).
A partial judgment has been laid against her for $30,750 for allegedly breaching the copyrights on 41 songs, with an additional order of $490.00 for costs.
A judgment like this comes when a defendant fails to answer a complaint within a given time frame.
She can ask to have it vacated, meaning a judge can in effect re-instate the case, but even if this happens, the RIAA has smeared her name. The judgment is permanent: it’ll follow her everywhere, appearing on such things as credit reports.
Bobby, her brother, is also named but we understand he’s a minor and as such, isn’t affected.
Meanwhile, Michelle also has an injunction against her which, among other things, bars her from using the Net or anything else to download any Big 4 copyrighted material.
According to the RIAA, downloading is “reproducing”.
She’s also been ordered to destroy any of the songs she’s alleged to have on her system, or anywhere else.
Michelle’s mother, Patti, was also accused of copyright infringement but decided to fight the multi-billion-dollar Big 4.
Ultimately, the RIAA dropped its case, turning then on two her two of her children, Michelle and Bobby. However, they abandoned it without prejudice meaning it can be revived at any time.
More to come ……
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Update, 6:20 am PST: There’s more to this than meets the eye. Stay tuned.
Also See:
true victim - Us, Them, p2p and file sharing, December 9, 2006
decided to fight - RIAA drops Santangelo p2p case, December 19, 2006
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January 11th, 2007 at 3:07 am
How could Michelle’s attorney allow this to happen? Isn’t she represented by the same attorney who represented Patti?
January 11th, 2007 at 3:52 am
i don’t think a lawyer can represent two seperate people in such a case and thus would require her to get a different lawyer
January 11th, 2007 at 6:37 am
Id like to know what 41 songs she downloaded and never buy anything from those artists EVER!!! I know its the lables that are behind it but the musicians need to stand up for their fans sometimes. All of the people that are being sued are normal everyday people and none of them are out there selling the mp3s and making money. I wont buy a cd from a major label. Indie music is way better now adays anyways.
January 11th, 2007 at 6:50 am
The day I should get the news I have a terminal disease, and I have so much time to live, knowing that I am going to go down, I won’t be afraid of the death penalty, thus I will be taking as many of you with me as I can, and the reasons you were taken down will be known. So if you corporate assholes believe in God, you probably don’t, start praying I never get a terminal disease or it’ll be your asses on the line, and I’ll make sure it hurts.
BTW, Torpark rocks, track me down, Ha Ha! You can’t. This is freedom of speech anyway, so Kiss my ass.
January 11th, 2007 at 9:03 am
well not that i dont think its a good idea….. FYI, threatening people doesn’t constitute free speech, at least in most countries
January 11th, 2007 at 9:20 am
You’re right. If it were in Iraq they would have beheaded Cary Sherman and Mitch Bainwol already and that would have put a stop to the lawsuits. Maybe we Americans are too comfortable because we aren’t willing to spill blood to protect our freedom.
January 11th, 2007 at 9:49 am
“Id like to know what 41 songs she downloaded and never buy anything from those artists EVER!!!”
a) That’s not hard to find out. Just read the actual courtpaper page 2, 3, and 4 (the pdf second link in above article!) to find out the songs.
b) but if you are serious with what you wrote here, you would have consequently stopped buying anything that is produced by those guys, that form the RIAA and sues children, the sick and even the dead, long ago! The easy to use tools to act like an informed customer are availiable: www.riaaradar.com
c) the RIAA guys have nothing to offer that is existential for US to exist like food or water. So THEY need us and our money to sue us. Everyone that buys just one album from a RIAA member after he have read anything how horrible they act is just as guilty as they are!
January 11th, 2007 at 10:19 am
Perhaps the dept of Homeland Security would like to talk to you Eclectica? Considering you represent yourself with an ava of Bin Laden….
January 11th, 2007 at 12:13 pm
The corrupt “lawyer” doing that got purchased by RIAA. We life in a sick world. It is not anymore healthy human behaviour dictates us. It is the fucking money makes people greedy and sick all over.
January 11th, 2007 at 3:12 pm
I am pretty sure this will be vacated, and they will be in court.
Perhaps this high dollar amount will be shown for how unconstitunionlally high it is
when a judge is shown she MIGHT have made about 30 dollars if
she had actuallly sold what she is ALLEGED to have distributed.
This will be fought.
In the meantime, continue to use your best and most powerful
weapon against them.
your closed wallet.
January 12th, 2007 at 12:31 am
Oooh scary
wait til you see my dick
January 12th, 2007 at 10:55 am
This can only be the result of a perverted law and legal system.
The judges should have known that:
-Minors that share songs cannot be made responsible for complying with a hidden law and hidden jurisprudence no one understands (the American Copyright Act) and was not designed taking the Internet into account. Even lawyers do not agree how to interpret the many absurd angles in the law.
-Ignorance of the law means that one cannot comply with the law.
-If the alleged sharing occurred when Michelle was a minor, the lawsuit should have been dismissed.
-That Michelle’s mother has had to go public to request financial assistance so as to pay her legal expenses. If that is so for the parent, how on earth can it be expected that the child can afford a legal representation and defense.
-He should have set up a meeting with Michelle present. A US Marshall should have been made responsible for getting Michelle into court.
-The the court should have assigned a defense lawyer to represent Michelle.
-The awarded statutory damages are absurd when applied to file sharing. The damages to the copyright holder are actually either almost zero or negative when files are shared.
-The accuser of Michelle (Sony) is a massive copyright infringer. See this web page:
Venegas v. Sony Copyright Infringement Lawsuit
RIAA leader Sony blatantly and repeatedly uses music on 22+ records without any permission from the copyright owners
http://rafa_venegas.web.prdigital.com/venegas_v_sony_lawsuit.htm
Meaning: Sony went to court with dirty hands. A reason for dismissing their claims against Michelle.
-He was ignoring DUE PROCESS.
-He was not thinking.
January 13th, 2007 at 1:19 am
You are forgetting the most blatently OBVIOUS reason.
THERE IS A SECTION OF COPYRIGHT LAW THAT STATES NO ACTION CAN BE TAKEN AGAINST A CONSUMER FOR NONE COMMERCIAL COPYING. (1008)
The judge should have dismissed this suit before it even reached court.
Defence lawyers must have spotted this by now surly… we noticed it years ago and have been trying to point it out ever since.
-The Digital Douwd-
January 13th, 2007 at 1:29 am
To whoever wanted the list of artists, they are here, i think i got em all.
lit
incubus
third eye blind
UB40
Godsmack
foo fighters
DMX
Janet Jackson
The offspring
Guns N roses
Ludacris
Meat loaf
Men at work
Mariah Carey
Nelly
DiVinyls
Good Charlotte
Nirvana
SWV
K-Ci & Jojo
Hanson
nirvana
Tracy chapman
New found glory
Jessica Simpson
Pearl jam
destinys child
counting crows
michael jackson
weezer
dixie chicks
January 13th, 2007 at 1:30 am
didn’t change title and can’t now