All, Seems to me that this RIAA saga has reached a level of the RIAA becoming a "Cyber bully" and therefore their Domain Name would seem to be a representation of a "Abusive Domain name. Time to take their Domain Down? Well I think so. Further, seems that the RIAA has demonstrated yet again it's decided lack of legal expertise. Small wonder eh? But they still can't seem to get the message. That being that their tactics and acumen in this area of law is less than professional or reasonable. I think I would elect to go to trial if I were the defendant or her lawyer. That way they have a chance of reducing even further the $200.00 and possibly can seek their own damages as well. http://recordingindustryvspeople.blogspot.com/ NewYorkCountryLawyer writes "In an interesting development in a Texas case against a college-age defendant who was 16 at the time of the infringement, the Judge has http://recordingindustryvspeople.blogspot.com/2008/08/innocent-infringement-... denied the RIAA's summary judgment motion and ordered a trial of the damages even though the defendant admitted copyright infringement using Kazaa based on the 'innocent infringement' defense, which could reduce the statutory damages to $200 per song file. Relying on [2]BMG v. Gonzalez (PDF), the reasoning of which I http://recordingindustryvspeople.blogspot.com/2007/01/how-riaa-litigation-pr... have criticized on the 'innocent infringement' issue, the RIAA argued that Ms. Harper does not qualify for the 'innocent infringement' defense, since CD versions of the songs, sold in stores, have copyright notices on them. In its http://beckermanlegal.com/Documents/maverick_harper_080808.pdf 15-page decision (PDF) the Harper court rejected that contention, holding that 'a question remains as to whether Defendant knew the warnings on compact discs were applicable in this KaZaA setting', since 'In this case, there were no compact discs with warnings.' Finding that there was a factual issue as to what the defendant knew or didn't know at the time of the infringement, the Court ordered a trial of the damages unless the RIAA agrees to accept $200 rather than the $750-plus it seeks per infringed song." 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