Thursday, March 05, 2009

New contested RIAA case in Texas, UMG Recordings v. Lanzoni

We have learned of a new contested case in Houston, Texas, UMG Recordings v. Lanzoni. The action was commenced in October, 2008. Although the defendant initially appeared pro se, she is now represented by counsel, veteran IP litigator Sid Leach of the well known, 425-lawyer, Phoenix, Arizona, based firm, Snell & Wilmer.

Interestingly, the RIAA complaint mentions MediaSentry but refers to it now as a "third party" rather than as an "investigator".

Complaint
Pro Se Answer



Keywords: lawyer digital copyright law online internet 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 intellectual property portable music player

7 comments:

Anonymous said...

If I read this correctly, in her response Ms. Lanzoni basically says that it was done by someone using her wireless account without her permission or knowledge.

She doesn't give any other possible means in her answer. I would love to see the RIAA prove that in fact she did do this because there would have to be some pretty doctored up evidence or a very strong suspension of disbelief.

Why can't these RIAA jerks just realize that they are running a losing battle and just please, Please, PLEASE go away for good? Maybe they are just living out the advice in the Grateful Dead song "Hell in a Bucket"?

Ray Beckerman said...

I think it's fair to say that they are beginning to slither away, back to the rocks from under which they crawled.

Randy said...

Have any of the defendants claimed to have already purchased these recordings? In that case, the RIAA would have to prove that "making available" is infringement.

Randy

Scott said...

One of Mr. Leach's recent articles is, “Malicious Prosecution Claims Can Provide an Effective Remedy against Patent Litigation Extortion Schemes,” Author, IP Litigator (March/April 2008)

I think it's fair to say that the RIAA trafficks in malicious prosecution and extortion schemes. Best of luck to Mr. Leach. I hope he whacks the RIAA but good.

Chris said...

I wonder if perhaps someone had spoofed her IP address at the time that the alleged download took place. Since many people now know that the RIAA are hunting people via IP addresses, spoofing has become more common.

If she does have a wireless network that isn't locked down anyone within range of the network could have used the system.

Anonymous said...

Chris,

What is the basis for your assertion that spoofing has become more common?

Even if it is true, I doubt that there is more than a casual relationship between the increase and the RIAA suits.

Flashman

Randy said...

@Anon

I agree. Although this is certainly a way to say "prove it was me". Usually it probably is, but now the RIAA will have to hire someone to do forensic analysis on the computer to prove that there used to be the accused P2P program *and* the suspected music files.

That would be much harder and expensive. I don't think the RIAA would be willing to do that for every John Doe they accuse.

Of course, IANAL or an investigator,
Randy