RIAA Defendant Claims Settlement With Kazaa Should Cover Kazaa Users As Well

from the interesting-legal-tactic dept

Fri, Nov 17th 2006 2:02pm — Mike Masnick

Lawyer Ray Beckerman is pointing to the defense used by someone in Texas accused by the RIAA of sharing unauthorized music files. While the defendant is making the same claim as others that the $750/song amount is unconstitutional, they've also made a different, but interesting defense, saying that they should be covered by Kazaa's settlement with the recording industry. If you don't recall, back in July, the founders of Kazaa used some of the billions they got in selling Skype to eBay to settle Kazaa's lawsuit that had been filed by the recording industry. They ended up paying about $115 million to settle the claims. Since the accused person was using Kazaa, they feel that Kazaa's payment covers their activity, and to be forced to pay again would be double counting on the part of the recording industry. It may be difficult to convince a judge of this, but if it does work out, the industry may regret pursuing both individuals and the software companies.

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12 Comments

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Jon Healey, 17 Nov 2006 @ 2:31pm

Umm, no
The Kazaa settlement states that it was a compromise, not an admission by the defendants of liability for copyright infringement (paragraph 12, p. 5). Although IANAL, I don't see how the defendant here could argue that the Kazaa parties were paying to settle his claims when they weren't even admitting liability for their own behavior.
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- Anonymous Coward, 17 Nov 2006 @ 2:41pm
  
  Re: Umm, no
  welcome to america. Land where we sue the crap out of anyone for anything and dont read anything.
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PhysicsGuy, 17 Nov 2006 @ 3:37pm

Re: Re: Umm, no
and dont read anything.

felt that had to be emphasized...
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- Charles Griswold, 17 Nov 2006 @ 3:43pm
  
  Re: Re: Re: Umm, no
  
  and dont read anything.
  
  felt that had to be emphasized...
  
  Q: What do you think should be done about the ignorance and apathy so apparent in society today?
  
  A: I don't know and I don't care.
  
  :-P
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AJ, 17 Nov 2006 @ 4:54pm

Thats it!
I wonder if everyone challanged those guys in court, and didn't cave and pay the extortion money, if those Riaa guys would just stop this crap.
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C. J., 17 Nov 2006 @ 4:56pm

Hah, the Q&A provided a good chuckle.

Seriously though: beyond legal fees, money not gained, and perhaps a dent in their larger than life appearance how does a loss like this effect the RIAA?

Though it would be nice for those being sued for downloading off of Kazaa. Other than that, it seems like the RIAA would simply move their sites elsewhere and continue to shun the digital age.
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Anonymous Coward, 18 Nov 2006 @ 12:41pm

starve the bastards- never buy another RIAA produc
starve the bastards- never buy another RIAA product again!
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Gene, 18 Nov 2006 @ 7:31pm

Directv did this, so will the RIAA
In the 150,000 people directv collected from, Directv collected settlement money from most of those selling devices. Even though there is no law making smart card programmers illegal, Directv made out of court settlements with those selling the legal products. After collecting from the Sellers, they double dipped and collected again from the purchasers. As with any lawsuit for profit business, the real profit comes when you can collect from both the distributor and the purchaser of legal devices like an ISO7816 programmer. By the way, many people today working for Microsoft still buy this programmer that many had to pay Directv to settle. Even the US Army uses the legal product so many people were sued for. Care to decide what you want to purchase next?
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ScytheNoire, 18 Nov 2006 @ 11:25pm

since we're already all criminals...
since in the eyes of the RIAA and MPAA we are all already criminals or potential criminals, why don't some people start committing some real crimes and start killing off high-powered people within the RIAA and MPAA.

i can't imagine any one in the technology industry feeling any apathy if a few RIAA and MPAA lawyers were done away with, along with some old farts who don't understand technology and the future. while us criminals are at it, do away with some corrupt politicians too.

i'd bet any money violence will happen before this all ends. it's not such a long shot, and might make a good movie. corporation versus corporation, killing and murdering. time to go write the screenplay... or did Keanu Reeves already star in this movie years ago?
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- script writer, 19 Nov 2006 @ 4:37am
  
  Re: since we're already all criminals...
  "[...]t's not such a long shot, and might make a good movie"
  
  I got an idea for the name! How about The Corruptibles? ;-)
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Anonymous Coward, 19 Nov 2006 @ 7:12am

the RIAA and MPAA should start selling bootlegs if they wanna make more money.. hehe
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John Wang, 21 Nov 2006 @ 10:05am

RIAA feeding itself and no one else, not even its
Lets say I download a song from someone from Snoop Dogg. I get sued for $750 per song, as per the RIAA guidelines, (or in some cases a lump sum of $3500+)

How much of that $750 per song goes back to Snoop Dogg? NONE!!! To the victor goes the spoils and the RIAA laughs all the way to the bank! How can the RIAA say they are losing money per download when they dont even pay the artist who created the song? Just another of many examples how the RIAA is looking out for no one save themselves.
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