Monday, December 11, 2006

RIAA Admits AOL Letter Only Identified Owner of Specified Account, Said Nothing About Downloading, Distributing, or Infringement

The RIAA has admitted that the letter sent by America Online in Elektra v. Schwartz did no more than identify the owner of an internet access account, and contained no reference to distribution or downloading or copyright infringement.

December 11, 2006, Letter of Richard J. Guida to Judge David G. Trager*

* Document published online at Internet Law & Regulation

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


Anonymous said...

This really only proves that their lawyers are either lazy or not competent. They have 2 pieces of evidence. One says that they saw this IP address was sharing 500+ songs, and the other says that the IP address belongs to the defendant.

Does not putting this all together in their first motion to dismiss mean its thrown out?

Is there some other significance?

I am not a lawyer so I don't know the rules, but don't they have to show all their evidence at some point? Have they done this?

Interesting blog, I am enjoying it. It moves slower than Lost though. ;)

dave said...

If there was any justice it should be easy to knock this faulty logic on the head.

But I am beginning to have my doubts that logic plays much of a part in these proceedings...