RIAA 'Elektra V. Barker' Case Is Settled
All, Yet again the rubber, so to speek, has met the road here. This will not likely be the end of this saga, although the end of this phase of this case. Next will be personel damages phase... Yet again also, this clearly demonstrates that the RIAA, as bad actors along with ICANN's IPC, needs intense adult supervision at a minimum and ICANN still hasn't gotten the message that the RIAA has to go! These "Wingnuts" need the boot... See: http://recordingindustryvspeople.blogspot.com/ writes " http://recordingindustryvspeople.blogspot.com/2007/01/index-of-litigation-do... Elektra v. Barker, one of the leading cases repudiating the RIAA's 'making available' theory, http://recordingindustryvspeople.blogspot.com/2008/08/elektra-v-barker-is-se... has been settled. Unlike in most cases, the http://beckermanlegal.com/Documents/elektra_barker_080818StipSoOrdered.pdf actual settlement agreement (PDF) is on file with the Court, and a matter of public record. Now Ms. Barker's http://yro.slashdot.org/article.pl?sid=08/07/28/1658212&tid=123 attack on the constitutionality of the RIAA's damages theory, as well as her other defenses including unclean hands based on MediaSentry's illegal behavior, the RIAA's inability to sue for statutory damages, and http://yro.slashdot.org/article.pl?sid=08/08/09/1912245&tid=123 innocent infringement will not be adjudicated, and it will fall on the shoulders of other defendants to carry the day on those issues. Ms. Barker, a young social worker who lives in the Bronx, once told http://p2pnet.net/story/10880 p2pnet "I love music. I grew up in a house where music was played all the time. We had milk crates filled with albums.... So to be sued for having music files on my computer is an insult. It's a slap in the face. This experience has left such a bad taste in my mouth that I wanted to swear off music."" Regards, Spokesman for INEGroup LLA. - (Over 281k members/stakeholders strong!) "Obedience of the law is the greatest freedom" - Abraham Lincoln "Credit should go with the performance of duty and not with what is very often the accident of glory" - Theodore Roosevelt "If the probability be called P; the injury, L; and the burden, B; liability depends upon whether B is less than L multiplied by P: i.e., whether B is less than PL." United States v. Carroll Towing (159 F.2d 169 [2d Cir. 1947] =============================================================== Updated 1/26/04 CSO/DIR. Internet Network Eng. SR. Eng. Network data security IDNS. div. of Information Network Eng. INEG. INC. ABA member in good standing member ID 01257402 E-Mail jwkckid1@ix.netcom.com My Phone: 214-244-4827
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Jeffrey A. Williams