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Single Mom Fights RIAA, Raises Important Legal Points
Filed in archive Legal by Marc on August 17, 2005


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Photograph / Westchester Journal News

Single mom Patricia Santangelo is fighting her RIAA lawsuit claiming copyright infringement.





"I was shocked because I didn't understand how someone could be sued for something they didn't do. I didn't know what was going on," said Santangelo. "When [the RIAA's lawyers] called me, there was no music on my computer and they had an old IP address."




Beyond the basic "I didn't do it" defense, attorney Morlan Ty Rogers raises some interesting theories.



  • Can Ms. Santangelo be liable when there is no proof that she was the guilty party? Someone else, possibly a visitor, may have shared the files.

  • Can Ms. Santangelo be liable when there is no proof her computer offered the files? The files may have been shared by someone else using her network's wireless connection.

  • Can Ms. Santangelo be liable when there is no evidence of actual infringement? For there to be infringement, the files have to be distributed. There is proof only that the files were offered, not that they were illegally downloaded.



Slyck has an excellent interview with Patricia Santangelo..



Consumer P2P lawsuit resources



Marc Freedman
RazorPop, developer of TrustyFiles, the leading multiple network P2P file sharing software
Are you a major entertainment company or marketer? Then you need BrandedP2P.
Are you an independent artist or small content provider? Check out the Do-It-Yourself P2P Street Team.



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