RIAA Receives beatdown from soccer mom round 1

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[SuperGeek» “All things Geeky”] The court blocked the record company from including the minor in the suit without a guardian ad litem and dismissed the case with prejudice at the request of the defense and a secondary appeal. The geist of this case incompasses two ideas: 1) A guardian cannot be held responsible for illegal activities their child comitted while using a computer without their knowledge, even if the parent provided the computer and 2) Record companies must directly file their suits against the minor who is responsible, but may not do so without the child receiving a guardian ad litem to protect their rights.

Some related posts from Technorati and Google.

 [Recording Industry vs The People] Priority Records v. Chan: RIAA Case Against Mother Dismissed; No Attorneys Fees; Guardian Ad Litem must be appointed for 13 yr: Chan attorneys fees, holding that in his opinion plaintiffs' lawyers had "taken reasonable steps to try to prosecute this case and litigate against the proper defendants" and that "[t]o the extent Candy Chan has incurred legal fees in this action, such fees are primarily the result of tactics designed to imped the ability of Plaintiffs to prosecute this action in an efficient manner" and because "Candy Chan has not agreed to fairly simple mechanisms which would accomplish the same objectives that the filing of motions has accomplished." http://info.riaalawsuits.us/priority_chan/chan_order_1.pdf

[Digitalmusicnews.com] Digital Music News: Insider Blogs: Chan's attorney, John Hermann of Berkley, Michigan, objected, arguing that the daughter was a minor and that the Court would have to appoint a guardian ad litem to protect the interests of the child, before for the child before they could proceed.

[Whatsthedownload.com] What's the Download - Interesting Ruling in an RIAA Consumer Case: function ChangePage(fnum){ if (fnum == 1) { document.PageNum1.submit(); } else { document.PageNum2.submit();

[Anyion.blogspot.com] Telecom Jungle - My Mental Musings: "According to the RIAA (2002), the number of CD’s shipped in the U.S. fell from 940 million to 800 million - or 15% - between 2000 and 2002 (though shipments continued to rise during the first two years of popular file sharing, 1999-2000)," say Felix Oberholzer of the Harvard Business School and Koleman Strumpf of the University of North Carolina at Chapel Hill in their The Effect of File Sharing on Record Sales: An Empirical Analysis.

Reflected tags on Technorati: Blog, Riaa, DVD Recorder Info

Posted at September 22, 2005 05:54 PM