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Judge Denies RIAA Motion to Compel Ms. Lindor's Son to Turn

Postby LANjackal » Sun Apr 01, 2007 2:07 pm

Story : http://recordingindustryvspeople.blogsp ... el-ms.html

The Magistrate has denied the RIAA's motion, in UMG v. Lindor, to compel Ms. Lindor's son to turn over his desktop computer
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Postby Captain America » Sun Apr 01, 2007 2:32 pm

Yes!

I've been watching this case closely and so far it looks like another victory for Ms. Lindor.


They couldn't find anything before they expect to now?

This judge is owning the riaa!

Hopefully it'll be a double victory (one for Ms. Lindor and now her kid).


Great job !
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Postby LANjackal » Sun Apr 01, 2007 3:02 pm

Hahaha looks like the legal system is doing what it was designed to do: serve justice.
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Postby Andu » Sun Apr 01, 2007 3:08 pm

I wonder what the ramifications of such a judgement would be.
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Postby LANjackal » Sun Apr 01, 2007 3:16 pm

Andu wrote:I wonder what the ramifications of such a judgement would be.

Pretty much that despite the DMCA, the legal system will not grant plaintiffs any special favors just because of an unproven claim, regardless of the magnitude of said claim.
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Postby Andu » Sun Apr 01, 2007 3:44 pm

Well does that mean that they cannot sue anybody because they wouldn't be able to prove anything if they did?
I mean the HDD is the only real hard evidence that they have against anybody but if they can't get that aren't they really screwed?
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Postby LANjackal » Sun Apr 01, 2007 3:56 pm

Andu wrote:Well does that mean that they cannot sue anybody because they wouldn't be able to prove anything if they did?
I mean the HDD is the only real hard evidence that they have against anybody but if they can't get that aren't they really screwed?

No. The judge refused their request because in this case the HDD is irrelevant. It belongs to a relative of the defendant who doesn't even live in the same household. The RIAA apparently targeted this someone because he fit the profile of a filesharer better than the Ms. Lindor did.

This case doesn't mean that the RIAA can't ask for your HDD as evidence if you're accused. It only means that they can't wantonly ask for HDDs based on who could have had access to the defendant's internet connection.
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Postby piXelatedEmpire » Sun Apr 01, 2007 9:43 pm

this is a great descision by the judge.. I hope Ms Lindor is awarded full damages for this outrages attempt by the RIAA to extort money from her and her family.
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