Comment hoisted upon their own petards (ouch!) (Score 1) 261
If what the MTU Prez sez is correct, than the RIAA probably damaged their own legal case -- and dramatically. It seems they knew about the infringement, and allowed it to continue for a long time. This was done despite the fact they had a "relationship" with the University and had previously discussed infringement with the IT and Provost's department.
The RIAA essentially knowingly let the students swap files for a l o n g in order to crank up the damages . . . They may have waited too long -- The concept is called waiver, and its designed to prevent this exact scenario -- allowing a malicious plaintiff to forestall prosecution in order to artificially crank up the damages; Its manipulative, and the courts frown upon this sort nonsense.
Hopefully, a sharp judge will see thru this crap, and express his disdain for these tactics by slapping the RIAA upside their head (ie, costs and sanctions).
The RIAA essentially knowingly let the students swap files for a l o n g in order to crank up the damages . . . They may have waited too long -- The concept is called waiver, and its designed to prevent this exact scenario -- allowing a malicious plaintiff to forestall prosecution in order to artificially crank up the damages; Its manipulative, and the courts frown upon this sort nonsense.
Hopefully, a sharp judge will see thru this crap, and express his disdain for these tactics by slapping the RIAA upside their head (ie, costs and sanctions).
