RIAA: Win some, lose some. PDF Print
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Written by tinfoil on Monday, 28 August 2006 19:04

In Arista Records v. Tschirhart, the recording industry won a case on the sheer stupidity of the defendant. While I don't agree with the RIAA and their anti-consumer, scare-mongering tactics, stupid people really piss me off. In this case the plaintiffs asked the judge for a mirrored copy of the defendants hard drive and the judge agreed to give it to them; only the defendant had taken it upon herself to bomb all of the music that was alleged to exist on the computer. The defendants expert presented some flimsy testimony regarding the deletions, but the judge sided with the plaintiffs.

In other words, the defendant is boned.

In the next case, Warner v. Stubbs, the recroding industry had to take on on the chin. Stubbs claimed to have no knowledge of what P2P and filesharing is and petitioned the judge to dismiss the case completely. The plaintiffs in this case mostly agreed, though they would like the judge to dismiss without prejudice. This judgement would allow for the recording industry to file charges against Stubbs at a later date.

Close, as my daddy told me, only counts in horseshoes and handgrenades, not in civil lawsuits.

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