Monday, December 10, 2007

RIAA's unopposed "reconsideration" motion granted in Atlantic v. Dangler, default judgment granted

In Atlantic v. Dangler, the Rochester, New York, case in which the Judge had denied the RIAA's default judgment application, the Court accepted the RIAA's unopposed "reconsideration" motion and granted its motion for a default judgment.

Order granting reconsideration and motion for default judgment*

* Document published online at Internet Law & Regulation





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






9 comments:

Alter_Fritz said...

so did the hearing, the judge ordered october 23, took place before he signed this document in november and had dangler the chance to "say something too" and simply did not react once again or did the judge "violated" his own previous order?

Jadeic said...

This beggars belief!

Anonymous said...

Looks to be far cheaper to default, than to get a Jamie Thomas jury.

--YRT

Igor said...

Ray,
The more I think about it the more I think you and everyone else need to fight and object to the term "shared folder" technically it might be called that but it's not a shared folder because the folder doesn't distribute. It will also give juries the wrong the idea...that is if it's in that folder it must have been shared. You should argue that it be called an indexed folder or something having to do with a table of contents...since all the folder does is list the available sound recordings while the actual sharing is done by the kazaa program...

DogDaySunrise said...

igor has an extremely valid point... I have a large number of 'space-shifted' mp3s in a 'shared folder' on my computer, the original CDs of which are readily available to the one other person I share an apartment with. This 'shared folder' is only accessible by computers on my (wired) LAN, and as such, only to my flatmate, which I believe would be Fair Use in the same way the availability of the originals is.

The term 'shared folder' can very easily be interpreted in an unduly broad manner, and a more accurate and applicable definition should be determined before 'shared folder' is irrevocably equated with 'illegal distribution channel' in the eyes of the courts.

Anonymous said...

RAY:

HERE WE GO AGAIN, another moron with thousands of files in a shared folder.

Its not about Downloading its about a stupid clueless computer user who has no idea how to move the files to a non shared folder.

I would love the RIAA to look into my folder, and get busted for making Disco Duck available to the masses!

Russell said...

Would the problem here be that this motion was unopposed?

Ray Beckerman said...

Yes, russell, that is the problem.

Jadeic said...

Which is why my belief was beggared...