RIAA ‘insufficient evidence’ decision
p2pnet news | RIAA News:- Judge David G. Larimer, presiding in Rochester, New York, has denied an RIAA application for default judgment on the ground the RIAA’s evidence was insufficient in that it contained no details of actual downloads or distributions, and no sufficient evidence that defendant was in fact Kazaa user “heavyjeffmc@KaZaA”.
The decision (pdf) concluded, “there are significant issues of fact regarding the identification of the defendant from his alleged ‘online media distribution system’ username”.
In case you’re unfamiliar with the term “online media distribution system”, that’s because it’s a term the RIAA coined four years ago to describe p2p file sharing accounts in its lawsuits.
The term isn’t known to have been used by anyone else anywhere else.
In August, a similar RIAA default judgment motion was denied on the ground that pleadings failed to allege sufficient factual details supporting a claim of copyright infringement in a San Diego, California, case, Interscope v Rodriguez.
Ray Beckerman – Recording Industry vs The People
Use free p2pnet newsfeeds for your site. It’s really easy!
Subscribe to p2pnet.net | | rss feed: http://p2pnet.net/p2p.rss | | Mobile – http://p2pnet.net/index-wml.php
Net access blocked by government restrictions? Use Psiphon from the Citizen Lab at the University of Toronto. Go here for the download, and here for details. Click here or here to learn how to by-pass censorship in your area.
October 29th, 2007 at 4:24 pm
“Insufficient evidence” my foot! We nailed Jammie good and proper didn’t we?
October 29th, 2007 at 4:45 pm
Finally someone in a position of power with some common sense.
October 29th, 2007 at 5:22 pm
So finally judges exist that know more about computers than how to turn one on, or that they often cost a lot of money.