Judge Tells RIAA: Irreparable Harm Doesn't Mean What You Think It Means
from the try-again,-folks dept
The recording industry loves to throw around the term "irreparable harm" in its various lawsuits -- as if someone hearing a song they didn't pay for will mortally wound the industry. While some say that this is just standard legalese and we shouldn't read too much into it, it looks like a judge in New Mexico disagrees. In denying the RIAA's request to have the University of New Mexico simply hand over info on someone using their network (without letting that individual fight back against the request for info), the judge notes: "While the Court does not dispute that infringement of a copyright results in harm, it requires a Coleridgian 'suspension of disbelief' to accept that the harm is irreparable, especially when monetary damages can cure any alleged violation." However, the judge argues, turning over someone's private info without giving them a chance to defend themselves and protest could cause irreparable harm: "the harm related to disclosure of confidential information in a student or faculty member's Internet files can be equally harmful." Nice to see the judge recognize that just because someone may have listened to a song without paying for it, it doesn't mean that they lose all other rights.
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Smart judge.
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Re: Smart judge.
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Ha.
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It takes 50,000 downloads of ONE song to effect the sale of one CD.
More and more people are Swtiching to ITunes and whatnot and actually buying mp3s.
Sales are bound to go down.
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Have a great day! :)
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irreparable harm
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Re: irreparable harm
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Re: Re: irreparable harm
Glub!
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Re: irreparable harm
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Also, they let you upgrade your library without re-purchasing the songs. They inform you when a song you've purchased is available on itunes plus and then you only have to pay the difference (30 cents a song).
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I've been there!
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iTunes sux as much as Microsoft
But only with what I want
Gates and Jobs are both the same and I chose m$, next Linux
idiot tunes is still too restrictive
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University of Mexico?
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Re: University of Mexico?
You get the watchdog cookie
*hands you cookie*
This cookie is awarded to totally random people who point out random mistakes. I'm sorry about the bite missing, I got hungry
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And coleridgian means what ??
Am I the only one in that boat?
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Re: And coleridgian means what ??
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I Tunes kills kittens
Second groups like RIAA and MPAA will never adjust their business models unless they are forced to. As long as the Justice system protects their frivolous lawsuits they will keep doing what they have been doing. I really hope the rest of the American Judicial System starts ignoring them (also I dislike both these groups because they allowed Studios and Record Companies to pay Paris Hilton money to sing and act. And even worse then allowed them to release those products in stores).
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Heinlein's Life Line
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Re: Heinlein's Life Line
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*New* Mexico
University of *New* Mexico, por favor
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Inigo Montoya said it best
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Heinlein Rules !
Although his stories are "can't put them down" good, he also states ideas worthy of consideration.
Here's one of his quotes:
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The phrase "we (I) (you) simply must..." designates something that need not be done. "That goes without saying" is a red warning. "Of course" means you had best check it yourself.
These small-change cliches and others like them, when read correctly, are reliable channel markers.
Robert Heinlein, from Time Enough for Love
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Statistics
It's not like if the internet didn't exist I would be buying these cds. No money can be lost when i's not actually COSTING the company to download them. That's another point. None of these companies know about me, or for that mater any accurate number of how much downloading actually occurs.
for the sake of not implicating anyone, I'm not going to get into specifics, but the sheer amount of methods people acquire music is staggering, and impossible to calculate.
How much do these money hungry bastards spend in lawsuits, suing fans?
The whole thing is pathetic. Everyone knows you make your money off touring anyways.
Go cry.
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finally
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