Is ‘collusion’ a defense in RIAA cases?
p2pnet news | RIAA News:- Is collusion by the record companies a defense to an RIAA case?
We’re about to find out.
The RIAA now wants to strike the affirmative defense of Marie Lindor, who in UMG v Lindor, alleges, “the plaintiffs, who are competitors, are a cartel acting collusively in violation of the antitrust laws and of public policy, by tying their copyrights to each other, collusively litigating and settling all cases together, and by entering into an unlawful agreement among themselves to prosecute and to dispose of all cases in accordance with a uniform agreement, and through common lawyers, thus overreaching the bounds and scope of whatever copyrights they might have” .
The motion will be decided by the same judge who agreed with legal scholars in sustaining another affirmative defense of Ms Lindor, in which she alleges the RIAA’s $750-per-song-file statutory damages theory is ‘unconstitutionally excessive and disproportionate to any actual damages that may have been sustained, in violation of the Due Process Clause’.”
Ray Beckerman – Recording Industry vs The People
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August 30th, 2007 at 12:55 pm
This may set a legal precedant for other cases….I hope it turns out good for the consumer!