David Kirkpatrick

August 15, 2008

A chink in the RIAA’s legal armor?

Filed under: Arts, Business, et.al., Media — Tags: , , , , — David Kirkpatrick @ 2:59 pm

I love the music industry. I even have a vested interest in the music industry succeeding. It’s just the old system no longer works. Digital files, and their inherent purity through virtually unlimited copies, have changed the entire ballgame.

The RIAA either does not get it, or more likely doesn’t like the fact their psuedoextortionist racket no longer rules the land. The major labels didn’t get it for the longest, but I do think these behemoths realize accommodations have to be made in order to remain viable, ongoing concerns.

I’ve blogged on the evils of the RIAA and the troubles facing the music industry here, here and here.

Now there’s some decent legal news on the asinine lawsuits the RIAA continues to file against ordinary people who get caught up in their quasi-legal dragnet.

If a new trial is granted for Jammie Thomas, the RIAA may find itself in a very difficult legal position going forward. And hopefully an actionable position from those it’s already railroaded with frivolous, punitive lawsuits.

From the WSJ link:

Judge Davis told the jury that making songs available online for distribution to others was copyright violation and that the record companies did not have to prove distribution took place. He has since learned of a federal district-court case in Phoenix that ruled that making songs available was not copyright violation. He is weighing granting Ms. Thomas a new trial.

If one is granted, one outcome could be a higher bar for what record labels need to prove to demonstrate that copyrights have been violated. For example, evidence that more than a handful of songs on a shared file folder were distributed to others may be needed.

“It’s going to be more difficult for them to prove” if they can’t simply rely on showing that songs were in somebody’s shared file folder, says Brian Toder, a partner at Minneapolis-based Chestnut & Cambronne who is representing Ms. Thomas.