p2p
RIAA Consumer Lawsuit Scorecard - August 25
Filed in archive Consumer rights , Legal , RIAA, MPAA by Marc on August 29, 2006
Welcome to our Consumer Lawsuit Scorecard. It provides a quick highlight of key RIAA court cases and actions. Go to RIAAScoreCard.com for the latest update.

























































































RIAA Consumer Lawsuit Scorecard

(IDDI = "I Didn't Do It")
Defense Defendant Comment
Unsuccessful Defenses
I Did It - Fair Use Gonzalez Good try. Copyright Act does not give right to sample P2P downloads
Wipe hard drive Tschirhart Defendant inept. Court not amused
Successful Defenses
IDDI - household Chan Court ruled guardian ad litem had to be appointed for daughter and paid for by RIAA
Cases RIAA has dropped
IDDI - ISP Foster ISP account was only evidence pointing to defendant
Stubbs Same, also defendant countersued for attorney fees
IDDI - household Marson Others in household had PC and Internet access
Chan Avoided guardian ad litem
Other cases of note
PC evidence Andersen RIAA can't look at your hard drive, must use neutral third party
Attorney costs Foster RIAA can be liable for legal fees
Record company evidence Lindor Must produce 'chain of title' documents and P2P use to send music to radio stations.
Judge ignorance Duty First of multiple cases where judge doesn't understand technology well enough to rule. The result is that innocent and poor defendants must pay for his education.
Legal theories Include IDDI, no PC evidence, no proof of damage




This list focuses on judicial decisions and RIAA actions, not claims made by plaintiffs or defendants.. If RIAA drops a case, that does not mean their attorneys will withdraw from other similar cases. A court ruling doesn't apply to other jurisdictions, but often is used as an argument for precedent.


For more resources, including legal commentary, actual document filings, and consumer attorneys, visit Ray Beckerman's excellent site, Recording Industry vs The People and the EFF resources How To Not Get Sued for File Sharing and RIAA vs. The People.


This blog will run occasional updates. Feel free to comment with additions.



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