p2pnet news view | RIAA News:- In much the same way the usurious $1 per corporate digital track is now virtually accepted as standard, Vivendi Universal, EMI, Warner Music and Sony BMG’s RIAA has used the dripping tap principle — say it loud enough and often enough and eventually, everybody thinks it’s true — to establish $750 as the minimum amount for damages in P2P file sharing cases.
The original defendant in Maverick Recording Co v Harper, a case claiming $750 per for 39 tracks, was Steve Harper, [For Canadian readers, not that Steve Harper], later amended to Whitney Harper.
It’s SOP for the RIAA to use the US judicial system to muscle parents before turning on their real targets, the kids of the house, and in this instance, the corporate music enforcer ended up trying to extort $28,500 out Harper’s daughter, who was only 16 at the time.
The RIAA used ‘evidence’ from MediaSentry as the base.
Whitney claimed ‘innocent infringer’ status.
Although proper notice was provided on the cover of each of the Recordings, a question
remains as to whether Defendant knew the warnings on compact discs were applicable in this KaZaA setting. Defendant admitted that she owned compact discs.
However, both in her affidavit and in her deposition, Defendant claimed that she believed using KaZaA and similar products to be akin to listening to radio over the internet and did not know that the Recordings were being either downloaded or distributed.
She further claimed that prior to this lawsuit, she did not have any understanding of copyright infringement.
The RIAA tried to have the assertion dismissed out of hand because, they said, CDs sold in stores have copyright notices. But the court didn’t buy it, denying the RIAA’s motion for summary judgment unless it agreed to accept $200 per infringement, says Recording Industry vs The People.
Now the case, believed to be only the second of its kind and the first to focus on the innocent infringement defense, will be going to trial, says the post.
It’ll be held at the John H. Wood, Jr, courthouse, room 3, 1st floor, 655 East Durango, San Antonio, Texas, on November 17.
And it’ll be open to the public, if you want to see the RIAA in action against one of its owners customers.
Meanwhile, stay tuned.
Recording Industry vs The People - Innocent infringement defense may reduce damages to $200 per song file in Maverick v. Harper, August 9, 2008
Recording Industry vs The People – San Antonio, Texas, “innocent infringement” case, against girl who was 16 years old, Maverick v Harper, goes to jury trial in November, September 19, 2008
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