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Marie Lindor responds to RIAA demand

p2pnet news view | RIAA News:- The RIAA (Recording Industry Association of America) is one of many front organisations for the major corporate record labels which can be lumped together as Vivendi Universal (France), Sony BMG (Japan and Germany), EMI (Britain), and Warner Music (US, but controlled by a Canadian).

Having failed to recognize P2P distribution as the delivery and communications vehicle of this century, they’re trying to gain complete control of:

  • How ‘product’ is managed and distributed online; and,
  • Unable to function adequately in the present digital environment,they’re trying to keep business systems locked permanently into outmoded 1970s time vaults.

To achieve this, they’ve devised a plan by which their customers are accused of being robbers and thieves by sharing music with each other online.

This, say the Big 4, is exactly the same stealing a CD from a store shelf and is depriving them of billions of dollars in possible sales, which they tally up as actual losses.

They use civil courts and law enforcement agencies funded by taxpayers to terrorise their victims, who include young children, and when they fail to make their cases, try to wriggle out of paying damages and  attorney fees owed to the lawyers representing the victims.

Marie Lindor’s case is one in point.

After years of painting Mrs Lindor, a home help to aid who’s completely ignorant of computers and their workings, as a master online distributor of massive amounts of copyrighted files, the RIAA, “decided it couldn’t wring any more out of the case or Lindor and demanded a voluntary dismissal without prejudice,” said p2pnet recently.

In short, the voluntary dismissal let the RIAA out from under, but left Lindor still on the hook, wondering if and when the RIAA would once again loom up.

But Lindor’s lawyer, Ray Beckerman, in Recording Industry vs The People, wasn’t having it then, and isn’t having it now.

“In reviewing the RIAA’s papers I was astonished at the number of lies they told,” he says, “Not because I was surprised to see a lack of integrity, but because their lies were easily refutable by the documents, even the documents they themselves were relying upon.

“Also they completely flouted the rules, and misstated the law.”

Beckerman told p2pnet he hopes the judge will be upset by their “reckless and irresponsible behavior” and “throw the book at them.”

“Now that the time has come to pay the piper, they seek to scurry away,” he said earlier, going on in a court document that to dismiss a “heavily litigated three year old case” without prejudice, “would be absurd”.

However, the last thing the RIAA wants to do is pay anyone, anything.

In fact, says Beckerman, the only reason the RIAA wants a “without prejudice” designation is so it can eventually try to it that claim it doesn’t have to pay attorneys fees, says Recording Industry vs The People, a move it tried, and failed, on another RIAA victim, Tanya Andersen.
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p2pnet – RIAA tries to weasel out of Lindor case, July 5, 2008
tried, and failed
– RIAA pays Tanyan Andersen $107,951, August 14, 2008
Recording Industry vs The People
– Marie Lindor responds to RIAA “voluntary dismissal” and “discovery sanctions”, November 7, 2008


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6 Responses to “Marie Lindor responds to RIAA demand”

  1. stw Says:

    now this is funny…

    http://www.tgdaily.com/content/view/40075/140/

    File Sharing of Blue-Ray content began with the sale of the first disc.

    There are now close to a dozen various applications that will rip blue ray now, and it was touted to last a decade, and it was hacked in days.

    shhh, dont tell the MAFIAA.

    stw

  2. stw Says:

    /loads blue ray ‘digital evaluation version’ of Blade Runner Director’s Cut to the 52″…

  3. Reader's Write Says:

    Notice this only happens in the american legal system. Why is that exactly? Does the system unfairly predudice the defendent in civil cases? I know that in my country (england), cases like this would simply be thrown out and disallowed in the future.

  4. Dreddsnik Says:

    ” Notice this only happens in the american legal system. Why is that exactly? Does the system unfairly predudice the defendent in civil cases? ”

    Short answer, Yes.

    Longer answer …

    The burden of proof in Civil cases is much lower than in criminal cases, so it is easier to win with
    less ( in the cases of the RIAA .. no ) evidence, just the determination of ‘more likely than not ” .
    Secondly, the american legal system is VERY biased towards the well heeled , as they are usually the
    only ones who can hire a good lawyer, a flaw that has been very succesfully employed by MANY large
    corporate entities in the US, NOT just the Recording Industry.

    It is very easy for them to bleed a small victim dry.

  5. stw Says:

    finally, some vindication, AND PRECEDENCE !!!!

    http://www.theregister.co.uk/2008/08/25/dancing_baby_universal_dmca/

    Ray Beckerman AND Charles Nesson now have a new stick to beat the MAFIAA with..

    I LOVE IT !!

  6. Dude from Finland Says:

    @stw

    Great news indeed.

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