Judge Tells RIAA: Irreparable Harm Doesn't Mean What You Think It Means

from the try-again,-folks dept

The recording industry loves to throw around the term "irreparable harm" in its various lawsuits -- as if someone hearing a song they didn't pay for will mortally wound the industry. While some say that this is just standard legalese and we shouldn't read too much into it, it looks like a judge in New Mexico disagrees. In denying the RIAA's request to have the University of New Mexico simply hand over info on someone using their network (without letting that individual fight back against the request for info), the judge notes: "While the Court does not dispute that infringement of a copyright results in harm, it requires a Coleridgian 'suspension of disbelief' to accept that the harm is irreparable, especially when monetary damages can cure any alleged violation." However, the judge argues, turning over someone's private info without giving them a chance to defend themselves and protest could cause irreparable harm: "the harm related to disclosure of confidential information in a student or faculty member's Internet files can be equally harmful." Nice to see the judge recognize that just because someone may have listened to a song without paying for it, it doesn't mean that they lose all other rights.

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  1. identicon
    mawst, 22 Jun 2007 @ 5:52am


    The problem I have is with these so called statistics. I download everything I can get my hands on. On the other hand, I've never really been a music or movie shopper.

    It's not like if the internet didn't exist I would be buying these cds. No money can be lost when i's not actually COSTING the company to download them. That's another point. None of these companies know about me, or for that mater any accurate number of how much downloading actually occurs.

    for the sake of not implicating anyone, I'm not going to get into specifics, but the sheer amount of methods people acquire music is staggering, and impossible to calculate.

    How much do these money hungry bastards spend in lawsuits, suing fans?

    The whole thing is pathetic. Everyone knows you make your money off touring anyways.

    Go cry.

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