Skip to comments.RIAA Will Allow Dead Defendant's Children 60 Days To Grieve Before Deposing Them
Posted on 08/14/2006 12:07:24 PM PDT by steve-b
According to the blog Recording Industry vs The People, the RIAA, gracious as ever, will allow the children of the deceased Michigan resident Larry Scantlebury a 60 day grieving period before they proceed to depose them in the case of Warner Brothers v. Scantlebury. Mr Scantlebury passed away on June 20th, 2006. You can read the motion for the 60 day stay here (PDF). Recording Industry vs The People credits Michigan lawyer John Hermann for pointing them to the story. Hermann represents several victims of the EMI, Sony BMG, Warner and Universal sue 'em all marketing campaign.
In an earlier article written by Mr. Hermann, he points out: "The RIAAs strategy appears flawed in that they once they've identify a person sharing and/or downloading a suspect file, they're only able to determine the IP address and username associated with the peer system registry. This alone isn't enough for them to be able to distinguish if the account holder, or someone else, was using his/her account and was responsible for the activity. Although these facts are easily discernable by the RIAA, they simply dont care about the underling truth of the matter. Once they identify the activity as being linked to an internet account, they typically argue (without any legal authority) that the account holder is responsible for all activity on the account."
Although written in October of 2005, Mr. Hermann's comments jibes nicely with a recent article at Techdirt in which Mike writes "If you want to win a lawsuit from the RIAA, you're best off opening up your WiFi network to neighbors. It seems like this strategy might actually be working. Earlier this month the inability to prove who actually did the file sharing caused the RIAA to drop a case in Oklahoma and now it looks like the same defense has worked in a California case as well. In both cases, though, as soon as the RIAA realized the person was using this defense, they dropped the case, rather than lose it and set a precedent showing they really don't have the unequivocal evidence they claim they do. The RIAA certainly has the legal right to go after people, even if it simply ends up pissing off their best fans and driving people to spend their money on other forms of entertainment -- but, if they want to do so, they should at least have legitimate evidence. It's good to see that some are finally pointing out how flimsy the evidence really is."
These guys actually think they can pursue the estate? They really know how to score PR points, don't they? LOL!
What I don't get is how a case like this can go forward when (apparently) Ken Lay's heirs can blow the raspberry and raise the middle finger toward the people from whom their late benefactor swindled his fortune.
The way Ken Lay's estate was set up, at least with the family Limited partnership, that if anyone were to even obtain a judgement against the FLP, all they would get is a charging order. No money, and a tax bill for the amount of the judgement after a 1099 was issued. It is the best kept secret of estate planning.
All the more reason to have an external hard drive. It is like Van der Sloop--No body, No Crime.
I havent bought music in a very long time....
What happens when some state passes a public referendum which guts the RIAA's abitlity to sue?
Perhaps the external drive will hide the downloaded files, but Windows Registry has the remnants of the filesharing programs.
Not if you run Evidence Eliminator Safe Shutdown.
Your ISP has records of your downloads also.
Don't be so sure.
That appears to be competitors hype.
I havent read an honest review that didnt like EE. I have used it for years, and have had no trouble with it. Several of my techie friends have played with it and they tell me that it does what it claims to do.
Van der Sloop????
Aruba, Natalie Holloway, Paul Van der sloot.
I don't have a Registry. Am I safe?
Regardless of what O/S you use, you would only be totally safe if you do a DOD 7 layer wipe.