Thursday, December 21, 2006

RIAA Moves for Default Judgment Against Patti Santangelo's Daughter

In Elektra v. Santangelo II in White Plains, the RIAA has moved for a default judgment against Patti Santangelo's daughter:

Motion for default judgment*
Request for entry of default*

* Document published online at Internet Law & Regulation

Editor's note: This took me by surprise, as just a day or two ago I saw that the parties had worked out a mutually acceptable scheduling order for the case.
-R.B.


Commentary & discussion:

p2pnet

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

3 comments:

Alter_Fritz said...

ray, some private tutoring in FRCP for me please,
one of the defendants is still a minor, is it "legal" to do such default thing against the other defendant when a court has not yet take care that this minor has a guardian that protects his interests in this case against him and his sister?

that the 20 year old has not reacted in the Timeframe since she does not know how this will effect her unprotected brother is something this I guess is understandable!
And lets assume the clark makes this default against her, what of the over 40 songs the RIAA seeks statuatory damages for are gone be atributed to her and how many to him? Can the RIAA ask for every 40 to be paid for by her and nothing for Robert?
I mean the RIAA themself claimed that they have proof and believe it was Robert and the boy next door that downloaded those songs?! Can they say "we believe he and the other boy downloaded all but one of the recordings but we seek all money from the sister?
And does the fact that the RIAA has settled with the boy next door does not bare them from cashing-in a second time?

Alter_Fritz said...

and what does they mean with filed by substitute service?
serving the papers against the "kids" with the associated press?
It can't be legal to serve a 16 year old with papers and made him responsible for observing reaction timeframes, can it?

If it can, I must admit even thou I hate the RIAA that was a "clever" move so short before christmas.

No, they don't sue children, of course not! they move for quick and dirty default judgements, that's not suing a la RIAA! Suing a la RIAA is dragging you thru hell for month and years(*I stop this comment here for not to risk deletion of this a comment again*)

Ray Beckerman said...

It doesn't make any sense. They just agreed to a discovery schedule the other day. Either it was something sneaky, or it was a mistake.