Whitney Harper, left, a 16-year-old cheerleader when she was attacked by the Big 4 organised music cartel’s RIAA, was the first victim in a copyright infringement suit to use the ‘innocent infringer’ defense.
She was accused by Warner Music’s Maverick Records of downloading music through Sharman Network’s Kazaa, the disgraced P2P file sharing app that’s been front and centre in the bulk of RIAA Sue ‘Em All lawsuits.
The RIAA was, and is, fronted by Holme Roberts & Owen’s Eve Burton (right).
Several years ago a federal court in Texas ordered the RIAA to either accept $200 per infringed work, or to go to trial over the innocent infringement issue, said Ray Beckerman in Recording Industry vs The People.
Then last month an amicus brief prepared by a group of professors led by Harvard’s Charles Nesson in support of Harper was submitted to the US Supreme Court, said p2pnet.
Now, says the BLT, the court’s unusual action in asking for Big Music input “is a sign of the Court’s interest in the case”.
A “recent study indicated that the Court’s request for a response significantly increases the chances the Court will ultimately grant review — which could turn into a major contest for the music industry”, says the story.
Definitely stay tuned.
disgraced P2P file sharing app – Kazaa, the RIAA and Jammie Thomas. October 17, 2008
Recording Industry vs The People – Petition for certiorari filed on ‘innocent infringement’ defense in Maverick v Harper, May 27, 2010
p2pnet – Another victim says No! to the RIAA,October 1, 2008
BLT – Supreme Court May Tune In To Music Download Case, September 21, 2010
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