AfterDawn: News

EFF: RIAA victim deserves day in court

The Electronic Frontier Foundation (EFF) has filed a brief with a New York district court, urging a judge to allow Rolando Amurao, a target of an RIAA lawsuit, to fight back with counterclaims of his own. The Recording Industry Association of America (RIAA) sued Amurao for copyright infringement but has now moved to dismiss the claims made.

Amurao however, believes that the RIAA's case was meritless and that it was intended to harass him and has countersued for a declaration of non-infringement and a finding of RIAA copyright misuse. In its brief, the EFF has argued that giving the accused his day in court will increase the RIAA's accountability in the industry's broad lawsuit campaign against file-sharing.



"If Amurao's allegations are true, then he has the right to clear his name," said EFF Staff Attorney Corynne McSherry. "It's simply unfair to shield copyright owners from the consequences of careless lawsuits. Counterclaims like Amurao's help make sure that the RIAA can't simply dismiss its case and walk away when an innocent target fights back." Since 2003, the RIAA has filed thousands of lawsuits against file sharers in the U.S. However, at times the RIAA's tactics have shown to be sloppy and careless, yet most accused decide to settle because it is the more affordable option.

Source:
EFF

Written by: James Delahunty @ 11 Apr 2007 4:57

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• 5 comments

• Unfocused

  Maybe the tide is finally changing for the RIAA.

  11.4.2007 11:19 #1

• webe123

  I was HOPING this would happen....mabye now the tables are turned and the RIAA has to come up with a REASON they sued this guy in the first place. If they cannot I hope the judge sets a precedant others can follow.
  
  Mabye next time they won't be so eager to start a lawsuit without PROOF!

  11.4.2007 18:47 #2

• rondack

  F***K the RIAA

  13.4.2007 17:59 #3

• Tashammer

  Originally posted by rondack:F***K the RIAAdon't forget the ones who authorised it all and who pay RIAA's wages.

  13.4.2007 18:48 #4

• Mez

  Nothing has changed. RIAA will continue to do what they have been doing. Maybe they will be more careful. They have always been a bit careful in their marks. There are more than 200 million ipods out there and probably an equal number of mp3 players. They are only going after the 'top' .0001% of the offenders. I suspect they don't go after more because each suit can have a down side. This is just one down side there have been many more. One of these years they will figure out how to shut down P2P. Get it while you can. There is always the 'sneeker net'. There is little they will be able to do break that one.
  
  There main goal it to get back to the good old days which will never happen. The next best thing is to sell a huge number of crippled, low BP tunes for lots of money. Tunes which were sold 40 years ago for .3$ now go for $1. They 'need' to sell the tunes for that price because their costs are so high. They need to lower the cost and up the bit rate if they want to make money.

  15.4.2007 08:29 #5