New trend in RIAA cases?
p2p news / p2pnet: The Big Four Organized Music cartel faces what may be yet another serious setback: a possible new trend —
— Victims banding together.
Two John Does, one from the Southwest and the other from New York, have teamed up to fight the RIAA in Warner v Does 1-149.
“What they have in common is that both discovered recently that they are named as ‘John Does’ in the same case pending in Manhattan federal court,” says Ray Beckerman on Recording Industry vs The People.
In September, 2005, EMI, Sony BMG, Vivendi Universal and Warner Music’s RIAA (Recording Industry Association of America) brought a typical John Doe case in Manhattan federal court, with Warner Bros Records in the lead.
It was first assigned to Judge John G. Koeltl, who recused (excused ; ) himself. Then it went to Judge Alvin K. Hellerstein, who followed Koeltl’s example. The reasons for their recusals weren’t disclosed.
Finally, “the case was reassigned to Judge Richard Owen, who granted the RIAA’s ‘ex parte’ applications for discovery, and authorized subpoenas to be served on the internet service provider Time Warner Cable,” says Beckerman.
OK. But what’s the significance beyond the fact the two JDs are now working together? – p2pnet asked.
“It means the legal cost for each is split in half, and the playing field just got a little bit leveller,” Beckerman told us.
“It dropped the price of filing the motion from about $2,000 to $1,000. If there had been three John Does, it would have dropped the price to $665. If there had been five, it would be $400 each. Don’t you think that makes a difference when the cases are $4,000-$6,000 cases?
“It’s all about the economics – the economics that make this litigation campaign so unfair. Every time the RIAA has to spend more than $6,000 to possibly collect $6,000, that’s a victory for the little guys. So anything that makes it more practical for people to fight back is a boon.”
Since we’re talking about bottoms lines, as Beckerman summarized, “bottom line, a year ago, when someone got the ISP letter and called a lawyer to ask if there was anything they could do, the answer was No. Now if they make the call, if their lawyer is knowledgeable, the answer is Yes, and I think that’s a really important development.”
The implications are interesting, to considerably understate the situation.
Definitely stay tuned.
Also See:
Recording Industry vs The People – 2 John Does From Across the Country Team Up to Fight Back Against RIAA in Warner v. Does 1-149, March 31, 2006
