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英美版权法案例-Santangelo v. RIAA

时间:2013-08-19 点击:

United States District Court for the Southern District of New York

Background
Elektra offered to settle the case for $7,500, but Mrs. Santangelo rejected the offer. She says that she didn,t realize that her computer contained KaZaA software, and that the KaZaA account name listed in the suit had never been used by anyone in her family; the name was said to be "similar" to the screen name of a teenage friend of one of her children.

One frequently cited criticism of the RIAA,s lawsuits is that they use an assembly line approach to lawsuits, trying to get the same result in every case no matter the evidence, trying to carry out the lawsuits and settlements in the most efficient way, and acting as if lawsuits are a standard part of business. This case is somewhat notable because the judge, the Honorable Colleen McMahon, appears to agree with some of those criticisms:

THE COURT: "Well, I think it would be a really good idea for you to get a lawyer, because I would love to see a mom fighting one of these."
MR. MASCHIO: "I,ll give her my card, but our instructions are for these people to deal with the conference settlement center. They had discussions."
THE COURT: "I,m sorry. Your instructions from me, the Judge are that, if she appears with a lawyer, her lawyer will deal with you."
MR. MASCHIO: "No, all I was suggesting, your Honor, is that, if she doesn,t come with an attorney, that the more direct way of doing this — and this is just to facilitate things — is to deal directly with the conference center."
THE COURT: "Not once you,ve filed an action in my court. ... You file an action in my court, your conference center

 
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