Tuesday, July 31, 2007

Michelle Santangelo Files Answer; Counterclaims for Copyright Misuse and Breach of Duty to Warn

In Elektra v. Santangelo II, following the Court's having vacated the default judgment taken by the RIAA against Michelle Santangelo, Ms. Santangelo has now filed her answer, counterclaiming for copyright misuse and breach of duty to warn.

Answer and Counterclaims of Michelle Santangelo*

* Document published online at Internet Law & Regulation

Commentary & discussion:

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1 comment:

Mike said...

I'm still reading, but felt that I had to comment on the 24th Affirmative Defense. It is sheer gold:

One alternative, explicated by Warner Music’s CEO, Edgar Bronfman, is for a parent to talk to his or her children: “I explained to them [his children] what I believe is right, that the principle is that stealing music is stealing music. Frankly, right is right and wrong is wrong, particularly when a parent is talking to a child. A bright line around moral responsibility is very important. I can assure you they no longer do that.” As to what else he did to them, he responded, “I think I’ll keep that within the family.”22 Plaintiffs have failed and refused to offer these Defendants the same form of damages.

What's good for the goose is good for the gander? If this is NOT a viable resolution to the damages, can we expect to see a lawsuit someday soon? This has just made my day as a brilliant example of the two-faced behavior of the RIAA and the conglomerates behind it.