Good News - Jane Roe Vs. The Riaa

GOOD GOOD GOOD.

Someone finally fought back.

This is from

http://zeropaid.com/news/articles/auto/08132003c.php

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Jane Doe vs. RIAA: Users Fight Back
posted by Dampier on August 13, 2003 @ 09:21am

In a USA TODAY story this morning not yet published online (USA Today - August 13, 2003 - Page 3D), Mike Snider reports that Sacramento attorney Daniel Ballard will be taking the fight back to the music industry with the expected filing this week of a lawsuit against the RIAA.
USA TODAY reports that as of this date, more than 1,200 subpoenas have been issued, and court clerks are seeing more every day.

One such subpoena recepient, known currently only as "Jane Doe," has hired Ballard to sue the RIAA for not proving that illegal file distribution actually occured on her machine.

"Just because a user's PC has music stored within a peer-to-peer file-sharing program doesn't mean the user is illegally distributing copyrighted material," said Ballard.

"Distribution implies sending, rather than leaving something where it may be taken," Ballard added.

Because the RIAA is currently requesting subpoenas based on searching for song titles and corresponding users' IP addresses, Ballard believes he has a strong case because the RIAA apparently doesn't actually attempt to download songs found on users' systems to prove that distribution has occured.

Fred von Lohmann, at attorney for the EFF, told USA TODAY that the suit brings "another dimension to the fight."

IN RELATED DEVELOPMENTS --

Verizon's appeal against the court decision which got the RIAA started with their blizzard of subpoenas is scheduled for September 16.

Columbia University has joined two colleges in Massachusetts in their motions to quash the subpoenas issued against their students for being "defectively" filed in the wrong circuit court.

The RIAA has complied with subpoenas issued by the Senate Permanent Subcommittee of Investigations, turning over copies of all of its subpoenas against file swappers. Chairman Senator Norm Coleman, (R-Minn.) demanded the information and is concerned about potential subpoena power abuse by the RIAA and others.

Users are holding their breath to see if the RIAA actually files suit against them. The RIAA claims it will begin suing users in stages (probably a few hundred at a time) beginning later this month or early September.

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"Distribution implies sending, rather than leaving something where it may be taken," Ballard added.

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Nice angle, I like the sound of this.

EDIT: Didn't notice it was you Faethe.

ahhh yes very good lets see what happenes

i hope the riaa looses. :D

then i would leave kazaa on all night

:D :D :D

I'm almost sure she wins.
"Hey, let's do fakes for the RIAA :D :D :D :D and then prove them wrong and sue THEM for wasting my time or something similair". I like the sound of her proving the RIAA wrong. Really.

Hmm... this is interesting.

Yeah!!


"Really your honour, I wasn't sharing, I was hacked!!!
Somebody broke into my computer and installed Kazaa there. I didn't know about it, as I am inexperienced at computers.
Say what?
Why did I have a dozen p2p forums bookmarked then?
Eeerrmmm, .....:( "



:D :D :D

this is what we want to hear

i think were winning

Just a matter of time I think.

While it's probably obvious to everyone that she was sharing, she is technically correct. Hope she wins. :D

WTG!!! thats what we need, people with...... erm... balls :P

I'll settle for boobs, thank you very much. ;)

:P :P :P

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Originally posted by burnyass@14 August 2003 - 08:42
i hope the riaa looses. :D

then i would leave kazaa on all night

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Careful! Some ISPs limit your uploading to 1GB per day! :D I use the upload limiter on my kazaa. 20kB/s is the max ill uploaded @ any given second

I'd leave KaZaA on all night....
and party every day :D :blink: :D


\o\ \o\ \o\ \o/ /o/ /o/ /o/

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I'd leave KaZaA on all night....
and party every day

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:D YAY YAY YAY !!!! :D all night long!!!


Go Jane go !!!! :D :lol:
Always good to see people standing up against these evil corporations such as RIAA !! ;)

Yes. The word in some usegroups is that more people are doing this also. So we shall see what is up when this gets resolved. If any of you get hassled, remember that you do have rights as well. If you get a chance, talk to an attorney yourself about what and what may not be cool.

this is my opinion, jane in my tought is right to form a lawsuit against something that the offender isnt able to prove, basically what the riaa did was go by conclusions not by facts.....from the beggining i heard of the riaa sueing ppl because of SHARING files i knew there must be a way around it...so i was bored and i thought of all posibilities...one was the one jane has, there are no facts shes sharing...another one i thought of, you are not the criminal because you own the files but ur one if u share...third one was that they invade your personal belongings by accesing your machine without a warrant for that, the riaa was never granted a permit to accses you pc...it would be like breaking an enterance to your house, which is punishable with fines and/or jail time(if anything stolen or private information taken)...fhew, thats alot of typing for me, even last year in 6th grade i didnt bother typing this much for a bookreport(i guess thats why my grades suck :lol: )

well those are my thoughts

ps-

FU*K THE RIAA!!!

What we have to make clear in the court, whether we are winning or losing - hope we will win - that there is more behind idea of sharing files: We have to share our thoughts openly to understand each other better... :)

nice to hear that your are fighting back :) I would do it also :) unfortunately the lawyer could be expensive, so let me hope people will get could lawyers which understand the serious idea behind sharing and will act seriously :)

thanks anyway, david.