Comments on: Court: RIAA lawsuit strategy illegal
A federal appeals court hands a major setback to the record industry's legal tactics for tracking down and suing alleged file swappers, in a high-profile case pitting copyright law against the privacy rights of Internet users.
The RIAA benefits (and has benefited) enormously from spreading their music around as much as possible by giving kids a "taste" for nearly a whole decade of free and unfetterd music downloading from the internet, and then forcing them to buy them at markedly increased prices - analagous to getting people hooked on crack cocaine with free samples, and then extorting all of their money when they become hopelessly addicted to free downloading (this is, at the very least, "contributory negligence" on the part of the RIAA because for too long, they made it too easy to download free music, with no repercussions, and over time this became part of mainstream teenage culture and vernacular).
Now those teens are adults, and they were literally weaned for their entire lives on, and were created into a generation of, free music downloaders. The RIAA's cruel efforts to stop them through financial intimidation and vicious lawsuits now strikes these kids as being totally alien and unnatural, like telling them that now playing video games or eating spaghetti is illegal, punishable by hefty monetary fines or jail time.
Kids have been freely recording their favorite songs and using them in their private capacities ever since music has been played on the radio, since the 1950s, using recording cassettes and CD burners.
Why is recording music played on the radio, and then playing it for one's self-enjoyment at home or in the car, different from downloading it from the internet?
There is no question that the RIAA has been contributorily negligent in the decade long free downloading frenzy, by letting it go on virtually unfettered for almost a decade, and it is the RIAA that should be forced to bear any and all financial losses.
The legal doctrine of "laches" exists when equity aids the vigilant, and not those who procrastinate regarding their rights by neglecting to assert a right or claim that, together with lapse of time and other circumstances, prejudices an adverse party. Neglecting to do what should, or could, have been done to assert a claim or right for an unreasonable and unjustified time causes disadvantage to another. Laches is similar to a "statute of limitations," except that it is equitable rather than statutory, and is a common affirmative defense raised in civil actions. In general, when a party has been guilty of laches in enforcing his right by great delay and lapse of time, this circumstance will at common law prejudice and sometimes operate in bar of a remedy which is discretionary for the court to afford. In courts of equity, delay will also generally be prejudicial.
Since the RIAA did nothing about it really, and raised an entire generation of kids who thought it was normal, and also contributed to this problem by making it rather easy, then it is the RIAA who should bear the financial losses due to free music downloading, not the kids.
The Record Industry Association
of America (RIAA) announced
today plans to issue lawsuits
for those people who hum
and/or whistle popular music
in their showers.
"For years, we have known that
if you listen to a song over
and over again, you remember
the song and eventually
start humming the tune", says
RIAA spokesman, Rob Newhand.
"The song stored in the memory
of the indivdual is in direct
violation of RIAA rules and
international copyright laws."
When asked how the RIAA plans to
police the showers of people and
the response was "we have
our ways."
The first round of lawsuits
are plan to be disbursed in
the next month for people
who hum or whistle more then
4 songs in a week in their
showers.
Mr. Newhand went on to say
"If you hum, whistle or
sing copyrighted songs, we
will find you!"
When asked what the RIAA pans to
do with money collected as a
result of the lawsuits, this
is what they had to say.
"As you know, due to the
recent problems with copyright
violations, most artists you
hear today on the radio today
are on food stamps, welfare
or are homeless and on the
street", states Mr. Newhand.
"With the money we collect,
we plan on finding most of
these artists and offer
them a warm meal or two, perhaps
even help them get a place
to live. After we take our
cut and pay our lawyers, of
course."
- Other related story I found
- by webkrawlerr March 23, 2007 10:44 AM PDT
- RIAA in your shower!
- Like this Reply to this comment
-
(3 Comments)The Record Industry Association
of America (RIAA) announced
today plans to issue lawsuits
for those people who hum
and/or whistle popular music
in their showers.
"For years, we have known that
if you listen to a song over
and over again, you remember
the song and eventually
start humming the tune", says
RIAA spokesman, Rob Newhand.
"The song stored in the memory
of the indivdual is in direct
violation of RIAA rules and
international copyright laws."
When asked how the RIAA plans to
police the showers of people and
the response was "we have
our ways."
The first round of lawsuits
are plan to be disbursed in
the next month for people
who hum or whistle more then
4 songs in a week in their
showers.
Mr. Newhand went on to say
"If you hum, whistle or
sing copyrighted songs, we
will find you!"
When asked what the RIAA pans to
do with money collected as a
result of the lawsuits, this
is what they had to say.
"As you know, due to the
recent problems with copyright
violations, most artists you
hear today on the radio today
are on food stamps, welfare
or are homeless and on the
street", states Mr. Newhand.
"With the money we collect,
we plan on finding most of
these artists and offer
them a warm meal or two, perhaps
even help them get a place
to live. After we take our
cut and pay our lawyers, of
course."