Judge OKs Challenge To RIAA's $750-Per-Song Claim

NewYorkCountryLawyer writes "In UMG v. Lindor, in Brooklyn federal court, the presiding judge has held that Marie Lindor can try to prove that the RIAA's claim of $750-per-song statutory damages is a violation of the Due Process Clause of the Constitution, since she has evidence that the actual wholesale price of the downloads is only 70 cents. This decision activates an earlier ruling by the Magistrate in the case that the record labels must now turn over 'all relevant documents' regarding the prices at which they sell legal downloads to online retailers, and produce a witness to give a deposition by telephone on the subject. Judge Trager rejected the RIAA's claim that the defense was frivolous, pointing out that the RIAA had cited no authorities contradicting the defense, but Ms. Lindor's attorneys had cited cases and law review articles indicating that it was a valid defense. See the Decision at pp. 6-7."

Re:Englsh translation?

[Aladrin]

Like, yo, da judge said da chick what was dissed by da RIAA can try to prove her case, you know? The RIAA tried to make da man drop the hammer on her, but in a rare twist of fate, da man let da sister have her say. Da judge said this cuz da RIAA didn't back up it's shit, and da chick did.

Disclaimer: I'm not African-American, and I have never been to Africa or the less affluent regions of any major city.

Seriously. It WAS in English.

$750?

[dlc3007]

I don't know about the rest of you, but I'm having a hard time thinking of a song that was worth $750. There are some really good songs out there, but I can't imagine paying $750 to listen to any of them.
Well... I did get laid to "Stairway to Heaven" in high school, but I'm not sure it was worth $750 -- sex included.

Re:Who's the pirates, again?

[aadvancedGIR]

Since they obtained the right to do so by the government, you should call them corsairs.

Re:Englsh translation?

[stoolpigeon]

I'm not African-American, and I have never been to Africa or the less affluent regions of any major city.
 
you didn't need to tell us that- it's self-evident.

Re:Seems like a valid arugment to me.

[aadvancedGIR]

There is a major flaw in your argument:
-when someone steals your car, you loose it, therefore the damage you suffer is easy to determine (the current value of the car, usually only a portion of its initial value).
-When someone downloads a song, the real damage is determined by the objective of the downloader:
*He wouldn't have bought the CD because he doesn't have the money, let's say it's free advertisement with potential long term payback (it was my case when I was student, and I then bought many CDs).
*He already has the CD but fears to put it in his PC because of the fear of rootkits or other malwares (that's currently my case), no real harm.
but of course, there is also:
*He burns CDs and sell them for a couple of bucks on markets to finance Al Quaida thermonuclear program, possible harm: millions of deaths + thousands of billions $ of damages.

So the 750$ is just the weighted average of the real potential damges, the only thing I don't understand is why the money doesn't got to the DHS.

Re:Englsh translation?

[Anonymous Brave Guy]

Log from channel #BrooklynCourts

MarieLindor has joined the conversation.

RIAALegalWeenie has joined the conversation.

[RIAALegalWeenie] You ripped our stuff, beeyatch! Give us like 1,000x wot it's worth, or else.

[MarieLindor] Harsh, man. Ur stuff ain't worth it. Anyway u have 2 have Due Process and stuff under the CONSTITUTION! D'OH!!!1!1! Gimme all ur records.

Magistrate has joined the conversation.

[Magistrate] Fair 'nuff. You gotta do it.

[RIAALegalWeenie] No way. We're gonna go to a higher court.

FederalCourtJudge has joined the conversation.

[FederalCourtJudge] I am THE LAW.

[MarieLindor] Yo, Mr Judge Sir. Here's legal stuff that says I'm right. You got my back?

RIAALegalWeenie puts his fingers in his ears.

[RIAALegalWeenie] Not listenin'. Not listenin'. Nyaaaaah nyah.

[RIAALegalWeenie] And 'sides, she's just makin' sh*t up.

FederalCourtJudge has activated a purple lightsaber.

[FederalCourtJudge] This party's over. Go do what my man da Magistrate said, luser.

MarieLindor smiles.

RIAALegalWeenie has left in a huff.

There, I think that about covers it.

(With apologies to the poster who first made this joke, probably much better, but whose post I can't find to credit it.)

Re:Englsh translation?

[Anonymous Coward]

Don't give them any ideas.

Acutal court transcripts

[d0sb00t]

RIAA: What happen ?
RIAA Lawyer # 1: Somebody set up us the frivolous lawsuit.
RIAA Lawyer # 2: We get signal.
RIAA: What !
RIAA Lawyer # 2: Main screen turn on.
RIAA: It's you !!
Judge: How are you gentlemen !!
Judge: All your "relevant documents" are belong to us.
Judge: You are on the way to destruction.
RIAA: What you say !!
Judge: You have no chance to survive make your time.
Judge: Ha Ha Ha Ha ....
RIAA Lawyer # 1: RIAA !! *
RIAA: Take off every 'attorneys' !!
RIAA: You know what you doing.
RIAA: Move 'attorneys'.
RIAA: For great injustice.