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The Courts

Submission + - Tanya Andersen Brings Class Action Against RIAA

NewYorkCountryLawyer writes: "Ever since the RIAA's litigation campaign began in 2003, many people have been suggesting a class action against the RIAA. Tanya Andersen, in Oregon, has taken them up on it. The RIAA's case against this disabled single mother, Atlantic v. Andersen, has received attention in the past, for her counterclaims against the RIAA including claims under Oregon's RICO statute, the RIAA's hounding of her young daughter for a face to face deposition, the RIAA's eventual dropping of the case "with prejudice", and her lawsuit against the RIAA for malicious prosecution, captioned Andersen v. Atlantic. Now she's turned that lawsuit into a class action. The amended complaint seeking class action status (pdf) sues for negligence, fraud, negligent misrepresentation, federal and state RICO, abuse of process, malicious prosecution, intentional infliction of emotional distress, violation of the Computer Fraud and Abuse Act, trespass, invasion of privacy, libel and slander, deceptive business practices, misuse of copyright law, and civil conspiracy."
Patents

Submission + - Alan Cox on Patent Law and GPLv3 (abclinuxu.cz)

tykev writes: "Linux kernel guru Alan Cox talks about kernel features, cooperation with hardware vendors, and software patents. From the interview: "I don't think [Microsoft's patent threats] are the biggest danger. As Microsoft has been finding out recently it is the patent trolls, and organisations with buried patents in interesting areas that are the biggest threat in the USA. The real answer to that problem, however, is to pull the USA back into line with the majority of the world which simply does not recognize patents on software but respects them as literary works subject to copyright law. Also therefore we have to make sure the continuing US attempts to spread bogus patent law into the EU are defeated.""

Comment Re:Is Apple going to extend that grant? (Score 3, Informative) 410

I agree with your point, but not your rationale.

I'm *gasp* 35, and for as long as I can remember music has been freely copyable. Radios with built-in cassette players could often record "free" [1] music directly from the radio, without any external microphone. One radio station even spent Sunday nights playing entire sides of LPs.

The CD era made it even easier to make high quality tapes. It was easy to record, and in some cases the quality was better than a mastered cassette. Some of the "portable systems" [2] could actually calculate optimal song orders to put as many tracks on a tape as possible.

My point is that at least two generations have grown up with the ideas of "free music" and "freely copying music". Right or wrong, it's a part of the American culture. The sudden appearance of DRM when freely copied/format shifted music has been permitted for decades is a culture shock, and is only turning people away from the big labels.

1: Sure, someone was paying for it, but to the end user the only costs were electricity and cassettes.
2: aka boom boxes. I'm a child of the 80's.

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