Judge Tosses Out RIAA Suit For Being Based On Nothing More Than Speculation

from the here-in-the-court-system,-we-rely-on-these-things-called-facts dept

Mon, Sep 10th 2007 11:42am — Mike Masnick

Recently, we've seen the courts getting less and less willing to accept the RIAA's flimsy evidence as being enough to convict someone of breaking the law with file sharing applications. The latest such case is along those lines, as a judge dismissed a case noting that it was just a "boilerplate listing," lacking enough substance to make a case. Specifically, the judge found that: "Plaintiffs have presented no facts that would indicate that this allegation is anything more than speculation. The complaint is simply a boilerplate listing of the elements of copyright infringement without any facts pertaining specifically to the instant Defendant." It's about time that courts realized that the RIAA shouldn't be able to run around accusing all sorts of people without any real evidence.

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Filed Under: copyright, lawsuit, riaa
Companies: riaa

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I tells it like it is, 10 Sep 2007 @ 11:50am

RIAA = Retarded Idiots Attempting Ass-Rape (on Inn
Why do the RIAA think they have the right to police the world, and rid it of pirated music, without even giving evidence to support their claims.
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Mike, 10 Sep 2007 @ 12:05pm

Re: RIAA = Retarded Idiots Attempting Ass-Rape (on
Simple greed and lawyerism.
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Anonymous Coward, 10 Sep 2007 @ 12:51pm

test
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Anonymous Coward, 10 Sep 2007 @ 12:52pm

This judge deserves a raise!
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Anonymous Coward, 10 Sep 2007 @ 12:54pm

Re: RIAA = Retarded Idiots Attempting Ass-Rape (on
Simple they've held the distribution of music in an iron fist for decades so started to rest on their laurels. Now that the recording companies have realized they have outlived their usefulness (which would not be true if they would just change their business model) they are now clinging onto any string of hope they can.
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JGM, 10 Sep 2007 @ 12:59pm

The RIAA approach is simple FUD; they don't want to go to the expense of proving anybody guilty, they just want to scare the kids out of using Limewire and torrents.

Until somebody countersues and they get hit with a big penalty the judgements don't matter. The RIAA gets what they want, win or lose.
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William, 10 Sep 2007 @ 1:23pm

interesting
If the RIAA had incontrovertible evidence that someone had broken copyright law would you support them in their prosecution. I fail to see the relevance of this. There will be some wins and losses but until the law is changed nothing has changed.
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Anonymous Coward, 10 Sep 2007 @ 1:28pm

Thieving thieves!
When are you people going to realize that the RIAA is trying to help us? If you get your way, and piracy (theft) gets any more rampant than it currently is, the artists are going to stop making their music and we will have nothing to listen to. Wise up retards, the RIAA is here for you and I. And what about the terrorists? Once the Music industry falls, the terrorists have won. Think outside your own little music stealing box for a minute.
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Anonymous Coward, 10 Sep 2007 @ 1:32pm

@ #8/Theiving Thieves
if you didnt get the memo, the RIAA thinks -WE- are the terrorists. and by all means, i do plan on winning.
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Anonymous Coward, 10 Sep 2007 @ 1:39pm

Re: @ #9/Theiving Thieves
Wrong! The RIAA is upholding the basic principles of Truth, Freedom, and the American way! If you made anything worthwhile in your life, you would understand that for someone to use it without paying hurts. It hurts in the pocketbook, but it hurts most in your heart. It makes me sad Charlie. Sad!
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Mr. Joshua, 10 Sep 2007 @ 1:43pm

Re: Thieving thieves!
"artist will stop making music" - BAHAHAHAHAHAA... I'm crying I'm laughing so hard. the RIAA is here to line their own pockets. They actually hurt artists by preventing them from selling their music unless it's through the money grubbing, archaic CD making process and forcing users to buy 20 songs when only 1 is worth listening, too. Simple economics folks.. with the advent of technology, artists have actually gained a competitive advantage in distributing their own music. The RIAA is (and will continue to) preventing artists from doing so because the RIAA will lose their stake..
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Mr. Joshua, 10 Sep 2007 @ 1:49pm

Re: Re: @ #9/Theiving Thieves
Idiot.. no one is saying music shouldn't be paid for music or that artist should not be compensated. The problem is that the RIAA has created artificially high pricing for music. We all put up with it when the best way to get music was a CD or tape (the only way actually). But now that I can get my music in formats that are far more cost effective (and I'm not talking about stealing) shouldn't I be able to buy music direct from the musician for the pennies it's worth? Shouldn't 90% of that money go to the musician (instead of the RIAA)? Instead, we move to black markets (as is usually the case when big monopolistic retards start sticking it to the little man) or stealing..
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Anonymous Coward, 10 Sep 2007 @ 1:50pm

Re: Thieving thieves!
Terrorists winning? I am a bit confused by that. I highly doubt Osama is sitting in his cave somewhere ripping cds and posting them on torrents...

Then again, if he is, maybe the RIAA will be able to bring him to court to sue him.
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Count Porkula, 10 Sep 2007 @ 1:51pm

Get off this board you piece of shit RIAA shill. Your propaganda isn't fooling anyone.

Do you understand that the only reason I (and likely many others) actually share files is to hurt Sony, Warner, Universal and EMI? Imbecile.
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Krum303, 10 Sep 2007 @ 1:57pm

Re: Thieving thieves!
So, by "helping us" they accuse and sue dead people, next of kin, mom's and poor people. Well, no thanks, we don't need the RIAA's "help." You must work for them as last time I checked, anyone that was able to use a computer was able to see the RIAA's version of a business model is very outdated and soon will be phased out regardless of how many individuals they sue.
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Anonymous Coward, 10 Sep 2007 @ 2:33pm

@ #8/Theiving Thieves
When are you going to realize that there is over 1000 years of evidence of the contrary? You do realize that there was no RIAA/MPAA back in the days of Shakespear, right? Do you honestly think we hould have 1/1000 of the culture we do now by looking back on artistic works had it all been controled by groups like the RIAA/MPAA?

The artists are going to stop making music? Right..., if an extreme is ever met, an artist will stick to live concerts so they can be what they are meant to be: entertainers. Artists make 99% of their money from live concerts, not CD sales.

Art has always been an expression, something to be shared with one another. Either it be through sharing a book, humming a song, or painting a picture. Everything was going fine until Hollywood came along and got greedy and soon after RIAA/MPAA was born.
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Chase, 10 Sep 2007 @ 2:39pm

Re: Re: @ #9/Theiving Thieves
I feel so sorry for those poor musicians. Here I was feeling a bit down about the paycheck I get for being a Marine. As a Sgt I get about $1000 every two weeks. That is compensation for performing multiple duties, working no less an average 10 hour day, at least 5 days a week (usually 6), standing a 24hr posts only to go to work the next day, being separated from loved ones for extended amounts of time, going without sleep and food in order to get the job done. I also don't get to choose where I live, like everyone else does, I don't mind, at least it's not a tent. Oh lets not forget that when the guys and I do our jobs, people tend to shoot at us. That's not even counting the fact that I seriously doubt that any recording artist has to honestly worry about running over an IED on his way to the recording studio. You wanna know where it hurts? It hurts in my wife's eyes when she watches how much work I do, and how I beat myself to death every day, and we still have to make ends meet with a kid and car payments oh and food. When the RIAA starts actually doing something that makes a difference then I'll feel sorry for them.
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Jon, 10 Sep 2007 @ 3:07pm

Re: @ #8/Theiving Thieves
Coward I usually agree with alot of things you say but this time for fell off your Fucking rocker. A greedy ass musician wanting to not make money an easy way. They will always produce music cd's, lets look at it .1 cent to make a cd about 1 thousand dollars will say for studio time, if that might be alittle more. Now mass producing that cd still will make them tons of money without having to run all over god forsaken places to sing live. Would burn them out to stay on the road that long. Cd's = easy money
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Kim Helliwell, 10 Sep 2007 @ 3:19pm

Why has this taken so long?
The thing that bothers me is: why is it only now, 4-5 years into this "sue everybody in sight" mentality, that judges are starting to wake up to the lack of substance of such suits? Granted, in the early days, very few (if any) were fighting these ridiculous suits, choosing to pay the extortion and get on with their lives. But I seem to remember some early cases where the judge pretty much gave the RIAA everything they asked for. Am I wrong about this? Maybe the real thing is that finally a few people with some backbone decided to call the RIAA's bluff and let the case go to a judge, and this is the result.

Anyway, it's way overdue, and I would dearly like to see the RIAA and the labels it represents have their noses rubbed in the fact that ultimately this is a failed strategy.
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Anonymous Coward, 10 Sep 2007 @ 3:25pm

Time for a vote on the author of post #8

He is either:

1. An RIAA shill
2. A Troll
3. A complete imbecile
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Anonymous Coward, 10 Sep 2007 @ 3:36pm

Obiviously, this person know nothing and you should not waste your time, nor listen to an idiot!

Poster of Number 8....go READ more before you shoot your mouth off! you are ignorant! "the american way"... geez you really are clueless!
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Jared, 10 Sep 2007 @ 3:36pm

Re:
Well 3 is a given so it's really a choice between Shill and Troll.
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lizard, 10 Sep 2007 @ 3:37pm

Re: author of post #8
have y'all heard of a little thing called sarcasm? no? how 'bout satire. i would call post #8 a bit of both -- it's satire, but it's dripping with sarcasm.

of course, if i'm wrong and that's actually someone being serious, well ... oh what am i saying, there's no way that's meant seriously.
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Anonymous Coward, 10 Sep 2007 @ 3:37pm

Hmmm
How about # 8 is A complete imbecile that works for the RIAA DUH
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R3d Jack, 10 Sep 2007 @ 4:09pm

Re: Thieving thieves!
I was going to commend this as a case of exaggerating the opponent's point to its foolish extreme, but then I read it again. Nope. At best, its just an attempt to get a bunch of people honked off. At worst, well, I don't even want to think about that...
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Anonymous Coward, 10 Sep 2007 @ 4:37pm

Re: Re: Thieving thieves!
The Grateful Dead figured out early on who the enemy was. They kept all their master recordings. Allowed fans to tape and distribute their music, and today you can listen to most any Grateful Dead tune you want copyright free.

The Dead is certainly not the best band out there, but after 30+ years one of the most listened to, precisely because they distributed their music. They sure didn't lose money.

I'm a carpenter, I don't make money every time someone walks up a staircase I built......wait, calls my lawyer !
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Ray Beckerman, 10 Sep 2007 @ 7:15pm

Why not all 3?
Why couldn't he or she (or, more accurately, it) be an RIAA shill, a Troll, AND a complete imbecile? If I can vote for "all of the above", that's my vote.
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Henry, 10 Sep 2007 @ 10:18pm

RIAA Sucks. Legal Music Downloads Suck!
A few weeks ago, I was looking for a site to purchase music from. I was unable to find a site where I could just purchase the tracks that I wanted with loseless compression at ~192 kbs. So once again, I'll have to borrow the CD from a friend and rip the tracks that I want. I would much rather purchase the tracks, because I love the artist, but I won't buy the garbage forced upon me by the RIAA
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Anarchy_Creator, 11 Sep 2007 @ 3:33am

God I Love Unencrypted Wireless Networks!
Gateway MT6452 Dual-Core Laptop With Wireless B/G, and A 160gb Harddrive. $699
Cigarette Lighter Power Adapter. $14.99
'88 Toyota Corrola That Gets Good Gas Mileage Due To Aftermarket Modification/Parts. $800
Tonz Of Free Unencrypted Wireless Networks Arround Where I Live, And Work. $0
Not Giving A Fuck About The mafIAA. Priceless.

Have fun tracking me down RIAA!
(^_^)
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The infamous Joe, 11 Sep 2007 @ 4:07am

Re: Why has this taken so long?
Maybe someone took the time to explain a bit about IP addresses and RAM to these judges?

Hell, maybe they picked a few things up from their 11 year old granddaughters.. the important thing is that they're looking around with sleepy eyes on those big imposing benches and realizing that the RIAA is not on the up and up.
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John, 11 Sep 2007 @ 6:09am

The RIAA needs to focus on eliminating middlemen and adapting to consumers' needs! Until then, encrytped file-sharing services are going to continue to flourish. One new service, GigaTribe, encrypts all exchanges, thereby keeping exchanges hidden from ISPs: http://www.gigatribe.com
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Anonymous Coward, 11 Sep 2007 @ 11:39am

It'll be so nice when the RIAA finally gets forcibly dissolved or face anti-monopoly and gross harassment charges...
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sharingislegal, 11 Sep 2007 @ 12:37pm

Kudos Judge
I love this judge. :)
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Anonymous Coward, 11 Sep 2007 @ 1:23pm

Re: Re: @ #9/Theiving Thieves
When has the RIAA produced anything?
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Anonymous Coward, 11 Sep 2007 @ 2:30pm

"if you get your way, and piracy (theft) gets any more rampant than it currently is, the artists are going to stop making their music and we will have nothing to listen to."

Good. If THAT is why they are making music- it probably sucked anyways...
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Aliasalpha, 11 Sep 2007 @ 6:27pm

Ever heard the opinion of a musician?
http://www.stuckmojomedia.com/
read Rich Ward's feelings on record companies & download free & legitimate music at the same time...
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peter scott, 11 Sep 2007 @ 8:51pm

Re: Re: @ #8/Theiving Thieves $1000?
you have your facts wrong. For a small independent to produce a quality product of say 1,000 cds,look at somewhere between 15 to 20 thousand dollars. Of course you can do stuff in your bedroom for next to nothing. However those figures i quoted are the ones that i hear and certainly in some cases are conservative. If you're not Prince it puts a different spin on giving away 20,000 a figure closer to an Average musicians annual income.
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