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NewYorkCountryLawyer's Journal: Rochester Judge Holds RIAA Evidence Insufficient 7

Journal by NewYorkCountryLawyer
Judge David G. Larimer, presiding in Rochester, New York, has denied an RIAA application for default judgment on the ground that the RIAA's evidence was insufficient, in that it contained no details of actual downloads or distributions, and no sufficient evidence that defendant was in fact Kazaa user "heavyjeffmc@KaZaA". The decision (pdf) concluded that "there are significant issues of fact regarding the identification of the defendant from his alleged "online media distribution system" username". (In case you're unfamiliar with the term "online media distribution system", that's because it is a term the RIAA coined 4 years ago to describe p2p file sharing accounts in its lawsuits; the term is not known to have been used by anyone else anywhere else.) In August a similar RIAA default judgment motion was denied on the ground that the pleadings failed to allege sufficient factual details supporting a claim of copyright infringement, in a San Diego, California, case, Interscope v. Rodriguez.
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Rochester Judge Holds RIAA Evidence Insufficient

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  • The decision (pdf) concluded that "there are significant issues of fact regarding the identification of the defendant from his alleged "online media distribution system" username". (In case you're unfamiliar with the term "online media distribution system", that's because it is a term the RIAA coined 4 years ago to describe p2p file sharing accounts in its lawsuits; the term is not known to have been used by anyone else anywhere else.)

    I think you meant to say that the term "

    • ...or it could be referring to the username used by his software on his computer. Regardless, the entire rest of the world calls it a p2p client, or a p2p service (whichever way you want to look at it). And it is NOT a media distribution system any more than a plane is a commercial airliner. One is a subset or function of the other. p2p can be indeed used for quite valid reasons, many of which have nothing to do with media as per their definitions. My point being, they are trying to redefined the way judges
      • I'm not going to spend my day guessing what the RIAA really means when it makes up phony, vague, important-sounding doubletalk, the sole purpose of which is to confuse judges.
        • Nor am I, I just think it ridiculous that such things have been allowed to continue. Fortunately, the tides seem to be turning. And... my guess is, with the increased publicity and cases, mroe judges are going to become more internet and technology saavy... at least to a level where they wont be hoodwinked by made up phrases and names for established services...

          Thanks for continuing to fight the good fight, and for passing this stuff on to us!!!

          Robert

  • My home city does have something redeeming about it! (Ok Wegmans is pretty terrific too)

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