File Swapper Files Lawsuit Against RIAA

from the no-chance-to-refute dept

Following up on our earlier story, a file-sharer whose information was subpoenaed by the RIAA is fighting back and suing the RIAA for violating her privacy. It sounds like the woman (and her lawyers) have changed the focus of the lawsuit. While originally they were claiming that the RIAA didn’t have enough proof to show that she, specifically, distributed the file – now they’re taking the more conventional route of saying that the subpoena is a violation of privacy, since she wasn’t given any chance to contest the release of her private information. The lawyers in the case point out that other subpoenas for personal information, such as in libel cases, allow the person in question to contest the request for the information – and therefore, claim that the RIAA’s subpoenas are not valid. This is, of course, similar to the claims Pacbell and various universities are making.

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Comments on “File Swapper Files Lawsuit Against RIAA”

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Ed Halley says:

No Subject Given

I think the ‘due process’ defense will prove interesting and worth getting its day in court. I’ve said it many times, ‘corporations have no vested interest in the rights of the individual.’

Other than that, I have little sympathy for mass infringers who provide a few gigs of their favorite songs (which they never bought) to a few million of their favorite friends (whom they’ve never met).

I want reasonable, sane, limited times on copyrights, and inherent fair use and sharing rights within a small personal circle.

Today, people don’t honor copyrights, in part because they are now in direct contact with millions of strangers, and in part because they have no grasp or benefit of the Public Domain bargain anymore. I think the price of music is a smaller factor than many may opine: if you know ten real friends, you have a pretty good pool of music you can share back and forth.

Ed Halley says:

Re: Re: No Subject Given

Where did I state that all sharing had to be done with the hands? If you want to share files via the network, then have fun. Set up authentication which only your friends can pass. Even if it were a few hundred, I would applaud you for developing a friendly community space. But really, if your interaction with your “friends” is entirely described by the words (login, search, copy, disconnect), I think that’s outside the scope of defensible copyright.

Opening a standardized public network port with no authentication IS distribution, just as putting a newspaper into a public vending machine IS distribution, whether someone grabs a copy or not.

Anonymous Coward says:

Careful what you ask for...

…you may get it.

Remember the 6 degrees thing?

Well, All it takes running multiple instances of something like WASTE to generated a fully connected, easily searchable mesh. Worse yet when your friends can push stuff to you.

So, just remember… the P2P stuff that you rue now may actually be the business model that you wish you accepted later.

BTW, my lastest musical discovery is that I actually like re-mixes far better than the originals… and that’s *really* bad news for the record companies and their “artists”. It all started with the NIN vs Spice remix… and once I realized that the keyword “remix” opened up a door to an entirely seperate world of music that I would never hear on the Radio or be able to buy in the store… well, I kind of gave up on the record companeies.

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