Tuesday, August 08, 2006

Followup Interrogatories Served in UMG v. Lindor

Marie Lindor has served a set of followup interrogatories in UMG v. Lindor.

Defendant's Second Set of Interrogatories

In response to her first set of interrogatories in which she asked the plaintiffs for the "evidentiary basis" for their allegation of copyright infringement, she received only a vague response. At a July 25th conference, she was given permission by the Magistrate to serve followup interrogatories.

Keywords: digital copyright online download upload peer to peer p2p file sharing filesharing music movies indie label freeculture creative commons pop/rock artists riaa independent mp3 cd favorite songs

5 comments:

Alter_Fritz said...

Ray Ray, you are as smart as a fox! :-)
Specialy #7 is nice, I think.
As some computer freaks have told me this kazzaa thingy has no such functions implemeted and has EULAs / AUPs / TOS that does not allow the harvesting of IP-adresses.
So it would be interesting how MediaSentry and Co. are doing their "investigations".
Maybe they violated some local/state/federal Laws or Contracts while doing it ;-)


(P.S. Please consider to change the setup for comments from "only blogger and instant publishing" to "everybody but visible only after approval". I bet there a more people out there that would like to comment on one or another of your postings but are to lazy to register an blogger account specially for this privilege to give you feetback/comments)
__

Ray Beckerman said...

Dear "alter fritz":

Thank you for your kind words.

I tried leaving the comments open to anyone but got too many trolls.

The RIAA isn't fond of my blog.

Best regards,

Ray

Alter_Fritz said...

Hm, last time i checked commonly accepted knowledge was that lawyers are from the species sharks;
http://tinyurl.com/lrjm4

It is new knowledge to me that these "contra people"-lawyers are also Trolls! ;)

Anyway, thanks for the Info and keep up the good work by defending those people, which their only "wrongdoing" is paying an internetbill, against those frivolous boilerplate complains by the RIAA and their "sharky-lawyers".

Ray Beckerman said...

Dear alter fritz:

1. I don't think the trolls were lawyers.

2. I think it's unfortunate that people tend to lump lawyers together as a bunch of sharks; there are great people in this profession; and there are not-so-great people, like the attack dogs willing to help the RIAA oppress its victims.

3. I made some kind of mistake on the computer yesterday, and instead of posting the "followup" second set of interrogatories wound up posting the first set of interrogatories. I've got it corrected. Take a look at the second set.

Best regards

Ray

StephenH said...

Ray,


I think you should consider filing a Class action on behalf of consumers suing RIAA, KaZaa, LimeWire, Morpheus, MediaSentry, MediaDefender, Settlement Support Center and all their member companies, asking for a declaratory judgement on the following:

1) A declaration that having a P2P program on ones computer is lawful

2) A declaration one can legally download a song from a P2P network from a bank which sharing the song has been authorized by its copyright holder to be shared via P2P.

3) That downloading a copyrighted major label song from a P2P network is legal, if you already own the CD that has the song on it, under the Fair Use Doctorine.

4) That one is allowed to share files they created themselves on P2P networks.

5) That "Simply Making available" without PROVING ANY EVIDENCE, is not enought to be considered copyright infringement.

6) That all the RIAA's agents including MediaSentry, BayTSP, MediaDefender, OverPeer, Ranger, and others are engaged in unlawful spying and harvesting of IP addresses under the fourth amendment.

7) A declaration that an IP address and a time, along with a computers mac address is not enought evidence to prove ones indentity, and that IP addresses, Mac Addreses, and times cannot be interpreted as DNA evidence.

8) A declaration that the person paying the bill for internet access is not liable for the actions of roommates, friends, officemates, classmates, or strangers that use a certain computer and/or internet connection.

9) A declaration that a person is not liable for the actions of roommates, friends, officemates, classmates, or strangers, and others that share a persons internet connection to whom the internet account holder they are not married to, by connecting to computers the person does not own via Ethernet, Wireless, or other internal network connections via means on additional IP addresses, network address translation, VPN, Proxy Tunneling, and other means.

9) A declaration that simply forcing people to pay without getting a judgement violates both Rackeetering Statuates and the fair debt collection practices act.

10) A declaration that settlements without negotiation from both parties abuses the legal process.

I bet if you win this, RIAA will surrender!