The RIAA's latest anti-college round of "early settlement" letters targets 7 out of 8 Ivy League schools, but continues to give Harvard University a wide berth. This is perhaps the most astonishing display of cowardice exhibited to date by the multinational cartel of SONY BMG, Warner Bros. Records, EMI, and Vivendi/Universal (the "Big Four" record companies, which are rapidly become less "big"). The lesson which other colleges and universities should draw from this latest of many acts of cowardice: "All bullies are cowards. Appeasement of bullies doesn't work. Standing up to bullies and fighting back has a much higher success rate."

Ohio University, in Athens, Ohio, has found the key to getting the RIAA to stop inundating it and its students with "settlement" letters. According to the university's student online publication, the university paid $60,000, plus $16,000 per year "maintenance", to Audible Magic, the business partner of the RIAA's all-purpose expert witness Dr. Doug Jacobson, for its "CopySense" filtering software. Once it made the payments, the letters stopped. This of course raises a lot of questions as to the 'disinterestedness' of Dr. Jacobson, whose deposition in the UMG v. Lindor case was the subject of interesting Slashdot commentary.

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.

The Slashdot and Groklaw communities were so helpful in preparing for the deposition of the RIAA's "expert" witness, Dr. Doug Jacobson, we thought we'd come back and ask for your thoughts on what documents and/or data to request from the RIAA's 'investigator', MediaSentry, Inc. The documents we have so far are just printouts, which were used at Dr. Jacobson's deposition, specifically exhibits 6, 10, 11, 12, 13, and 14. Of course we have some ideas of our own about what to demand, but we want to leave no stone unturned. For the technical minded among you, this is your chance to be a part of bringing the RIAA's litigation campaign down.

The Interscope v. Rodriguez decision dismissing the RIAA's boilerplate complaint, and the $9250-per-song-file verdict in Capitol v. Thomas, have inspired some new dismissal motions in RIAA cases. In Charleston, South Carolina, Catherine Njuguna has moved to dismiss on the basis of the legal insufficiency of the RIAA's complaint and on constitutional grounds due to the excessive damages sought by the RIAA, while in Brooklyn, New York, MS victim Rae J Schwartz has moved to dismiss based solely on the complaint's failure to state a claim under Rodriguez and the Supreme Court decision, Bell Atlantic v. Twombly.

Jammie Thomas has filed a motion to set aside the $222,000 verdict obtained against her by the RIAA, based on allegations she infringed $23.76 worth of song files. Her motion papers (pdf) argue that the verdict is excessive and in violation of the due process clause of the U.S. Constitution, and should be reduced to $150 or less, or a new trial ordered. (See, e.g. UMG v. Lindor). It has been reported that the RIAA issued a statement that "Thomas [is] not taking responsibility for her actions, and .... they want to resolve the case in a "fair and reasonable" fashion. It is unfortunate that the defendant continues to avoid responsibility for her actions....". In my experience that is RIAA-speak for "after the verdict we have tried to make a settlement with her, but she wouldn't meet our terms".

A federal judge in Tampa, Florida, has ruled that an RIAA defendant's counterclaim against the record companies for conspiracy to use unlicensed investigators, access private computer records without permission, and commit extortion, may move forward. The Court also sustained claims for violations of the federal Computer Fraud and Abuse Act as well as a claim under Florida law for deceptive and unfair trade practices. The decision (pdf) by Judge Richard A. Lazzara in UMG v. DelCid rejected, in its entirety, the RIAA's assertion of "Noerr Pennington" immunity, since that defense does not apply to "sham litigations", and Ms. Del Cid alleges that the RIAA's cases are "sham".

Several weeks ago it was discovered that a California federal judge, in rejecting an RIAA application for default judgment, had dismissed the RIAA's standard complaint for failure to state a claim, calling it "conclusory" "boilerplate" "speculation" in Interscope v. Rodriguez. In the wake of that decision, a Queens, New York, woman being sued in Brooklyn federal court, Rae J Schwartz, has told the Court that she is making a motion to dismiss the complaint in her case, Elektra v. Schwartz. This is the first post-Interscope challenge to the RIAA's boilerplate, of which we are aware. This is the same case in which the RIAA had sent a letter to the Judge falsely indicating that AOL had "confirmed that defendant owned an internet access account through which copyrighted sound recordings were downloaded and distributed". Ms. Schwartz suffers from Multiple Sclerosis and has never engaged in file sharing, but the RIAA has pressed the case against her.

How many messaging accounts do YOU have? If you're like me you've got enough that you either a) don't check them all as often as you might like or b) check them enough and feel your e-life slipping away. Especially once you factor in MySpace and Facebook (or if you're like some of us, factoring those in multiple times).

Fuser.com is a web 2.0+ service from Confluence Commons aiming to be the answer. And they've just opened their doors to you (they had been in a semi-closed testing period for awhile, which is how I got in to play around). Sign up up and view all of your email from a single spot. When I mean "a single spot" I mean that you can see all of your messages in a single folder sorted by time. Someone sent you an email 5 minutes ago and someone else sent you a MySpace message 4 minutes ago? They all appear in the same message listing. And when I say "all of your email" I mean that it will let you set up accounts for the following services:

Standard email (IMAP, IMAPS, POP3, POP3S), AIM, AOL, Comcast, Gmail, Hotmail (MSN, Windows Live), Netscape.net, Outlook Web Access (Exchange 2000, 2003, 2007), Yahoo! Mail, SquirrelMail as well as MySpace and Facebook inboxes.

And you can send messages as if they are coming from any of those services as well.

In addition they have some other integration with MySpace and Facebook to show you who contacts you the most with a Leader Board. They're looking for user feedback on their service and features and actively soliciting feedback and additional services to be supported (for instance, I requested LinkedIn as another service and was told its being developed).

Its not a final product, there is plenty of room for your suggestions and UI improvements. People with just a couple of accounts, especially ones that can notify a central email account of new messages, probably won't see as much benefit from it. But for those of us with a ton of legacy accounts out there it can be a very handy tool.

They're funded by Jared Polis, the entrepreneur (and now democratic candidate for the U.S. house of representatives) who previously sold Blue Mountain Arts and ProFlowers.com

PS. I'm not affiliated with either Mr. Polis nor Confluence Commons. I live in the area and have met a couple of the Fuser folks after doing some testing and feedback for them and am excited to see the product go live so everyone out there can help improve it.

A few days ago it was reported that, in view of the RIAA's one-month delay in paying the $68,685.00 attorneys fee award in Capitol v. Foster, and its lawyers' failure to respond to Ms. Foster's lawyer's email, Ms. Foster filed a motion for entry of judgment so that she could go ahead with judgment enforcement proceedings. In response to that motion the RIAA submitted a statement that it had no objection to entry of judgment, and intimated that it thought there would be an automatic stay on enforcement of the judgment, and that it would ultimately file an appeal. After seeing that, Ms. Foster's lawyer has filed a motion for the Court to require the RIAA to post $210,000 in security to cover the past and future attorneys fees and costs which are expected to be incurred.

Can it be that the RIAA, or the "Big 4" record companies it represents, are short on funds? It turns out that despite the Judge's order, entered a month ago, telling them to pay Debbie Foster $68,685.23 in attorneys fees, in Capitol v. Foster, they have failed to make payment, and Ms. Foster has now had to ask the Court to enter Judgment, so that she can commence "post judgment collection proceedings". According to Ms. Foster's motion papers (pdf), her attorneys received no response to their email inquiry about payment. Perhaps the RIAA should ask their lawyers for a loan.

UMG Recordings, part of the Universal music group, one of the "Big 4" record companies, has brought suit against an eBay reseller of Promo CD's (pdf), in UMB v. Augusto, in California. The defendant, whose legal team includes the Electronic Frontier Foundation, is fighting back (pdf), claiming that his sales of the CD's are lawful under the "first sale" doctrine under Section 109 of the Copyright Act (17 USC 109), and counterclaiming against UMG for sending out false notices under the DMCA (Copyright Act Section 512).

The RIAA's challenges to Judge Lee R. West's order (pdf) awarding the defendant attorneys fees in Capitol v. Foster and to the "reasonableness" of Ms. Foster's attorneys' fees have not only forced the RIAA to disclose its own attorneys fees, and caused the judge to issue a second decision labeling them as "disingenuous", their motives "questionable", and their factual statements "not true", but have now caused the amount of the fees to more than double, from $55,000 to $114,000, as evidenced by Ms. Foster's supplemental fee application (pdf's).

In SONY v. Arellanes, an RIAA case in Sherman, Texas, the Court entered a protective order (pdf), which spells out the following procedure for the RIAA's examination of the defendant's hard drive: (1) RIAA imaging specialist makes mirror image of hard drive; (2) mutually acceptable computer forensics expert makes make 2 verified bit images, and creates an MD5 or equivalent hash code; (3) one mirror image is held in escrow by the expert, the other given to defendant's lawyer for a 'privilege review'; (4) defendant's lawyer provides plaintiffs' lawyer with a "privilege log" (list of privileged files); (5) after privilege questions are resolved, the escrowed image -- with privileged files deleted -- will be turned over to RIAA lawyers, to be held for 'lawyers' eyes only'. The order differs from the earlier order (pdf) entered in the case, in that it (a) permits the RIAA's own imaging person to make the initial mirror image and (b) spells out the details of the method for safeguarding privilege and privacy.

In an Oklahoma case, Capitol Records v. Debbie Foster, the Court has granted the defendant's motion for attorneys fees to be imposed against the RIAA, holding that Ms. Foster is to receive her "reasonable attorney's fees". Judge Lee R. West, in his 9-page decision(pdf), did not specify the amount to be awarded, held that the RIAA can have "discovery" on the reasonableness issue, and also ruled that Ms. Foster can also later supplement her application for additional fees. Her initial application was for approximately $55,000 in legal fees and disbursements. This is the case in which the ACLU, Public Citizen, EFF, the American Association of Law Libraries, and the ACLU Oklahoma Foundation, all filed an amicus brief on Ms. Foster's behalf, arguing to the judge that a substantial attorneys fee award was needed to discourage the RIAA's "driftnet" litigation strategy.