Court May Accept File Sharing Defaults As A Defense Against RIAA Suits
from the this-could-get-interesting... dept
This is fairly early in the process, but lawyer Ray Beckerman points to some of the reasoning for a court refusing to dismiss one of the many RIAA lawsuits against accused file sharers. Some of the points really aren’t that surprising. The fact that the court doesn’t fully understand how Kazaa works isn’t a huge deal — and it makes sense that they feel uncomfortable dismissing the case without getting a better understanding of what’s going on. Same with their confusion on uploading and downloading — a confusion the RIAA has encouraged over the years. However, what is interesting is the court seems to indicate at least some willingness to consider the defendant’s defense that the file sharing was not her fault, because Kazaa’s default setting shared her music files without her knowing it. This has been mentioned in the past — though, usually in situations where people have considered suing a file sharing provider after they got hit by an RIAA lawsuit. It’s interesting to see the court at least willing to consider such a defense as being valid. Of course, if it does become valid then it also could be seen as putting the liability back on Kazaa, as that default setting could be seen as “inducement” under the Supreme Court’s murky rules. Either way, if this became an acceptable defense, it would cause quite a few problems for the RIAA’s “sue everyone” campaign.