Judge Rules RIAA Damages Excessive in Teenage Girl’s “Innocent Infringement” Case, Does Not Deal Blow to RIAA So Much as Playfully Slap It
By Petey V on Aug 15 2008
Whitney Harper, a teenage girl sued by the RIAA for downloading music over Kazaa, will have to pay substantially smaller damages than those initially demanded by the RIAA, Ars Technica reports. Judge Xavier Rodriguez ruled that RIAA-requested damages of $750 per song were inappropriate because this was a case of "innocent infringement." According to an affidavit submitted by Harper and quoted by Rodriguez in his ruling, the teenager had "no knowledge or understanding of file trading, online distribution networks, or copyright infringement" at the time of her actions and was not aware that what she was doing was illegal.
However, the judge also ruled that Harper did infringe on the RIAA's copyrights, and thus should pay a reduced fine of $200 for each of the 37 songs noted in the RIAA's motion. Harper had over 500 songs in her Kazaa share, yet only 37 songs were cited because they were discovered by MediaSentry downloads, MediaSentry screenshots, and a search of Harper's hard drive. Interestingly, the lawsuit was initially directed against Harper's father, who in all likelihood could not have been found to be "innocently infringing." Once it was discovered that the Kazaa share in question was Harper's, however, the lawsuit proceeded with her as the defendant rather than her father.
While the case represents a slight victory for the concept of "innocent infringement" and may prove useful in future RIAA cases against underage defendants, the ruling still ultimately favors the RIAA and does not measure up to the several recent cases (1 - 2 - 3) that remarkably damaged both the RIAA's arguments and its practices in filing file-sharing lawsuits.
RIP: Jerry Wexler, Music Journalist, Music Producer
By Shane Mack on Aug 15 2008
From Jerry Wexler's Wikipedia entry:
Gerald "Jerry" Wexler (January 10, 1917 – August 15, 2008) was a music journalist turned music producer, and was regarded as one of the major record industry players behind music from the 1950's through the 1980's. He coined the term "Rhythm & Blues", and was integral in signing and/or producing many of the biggest acts of the last 50 years, including Ray Charles, Aretha Franklin, Led Zeppelin, Wilson Pickett, Dusty Springfield, and Bob Dylan. Wexler was inducted in the Rock & Roll Hall of Fame in 1987.
- Jerry Wexler Wikipedia entry
- Associated Press article: "Jerry Wexler, famed record producer, dies at 91"
- Billboard article: "Industry Legend Jerry Wexler Dies At 91"
The Kooks to Tour, Me to Wonder If I Was Destined to Fall In Love With a Less Quirky British Version of Myself With The Same Last Name, Or If This Is Another One of Those Things I Just Convince Myself Out Of Compulsive Boredom
By AJ Pacitti on Aug 15 2008
Dear Adam Pacitti,
I think I may be The Girl From Your Dream That Saved You From A Zombie That You Are In Love With.
Anyone who knows me can attest that the sketch you have drawn bares an almost uncanny resemblance to my visage. And yet, I doubt I will email you.
See, Adam, if you had met me in another moment, I confess I probably would have sent something charmingly confusing your way.
But, Alas!
Adam Pacitti, you are the right gent at the wrong time. Current circumstance keeps me shackled! Sweet Adam Pacitti, my vested commitment belongs to another, so it must suffice that for me you will exist as The One That Got Away, and to you, I shall exist as The Shrew Not To Be Tamed!
I have platonically noticed, though, your photograph with the bloke from the Kooks-. If you’d like to mosey over to D.C. September 8 for the Kooks show, I’d be happy to show you around the monuments, platonically, and pay for your lunches on my meal plan and let my roommate make us breakfast whilst we watch cartoons together in our pajamas, deeply yearning to succumb to the passions of Saturday’s sweetest morn over eggs and bacon.
Do not let the passions overtake us, sweet Adam Pacitti! I have loved you, oh I have loved you!
Yours,
Amanda Pacitti
Kook’s tour in support KONK:
# The Eruption of Adam Pacitti and Amanda Pacitti’s Undying Passion Oh Oh Baby But I Mustn’t I Belong To Another Oh Oh Oh Oh OH OH OH ENGLAND OH OH OH OH ! ! !
GZA to Release New LP, Recaptures Title of Genius
By J.E. Williams on Aug 15 2008
Witty Unpredictable Talent And Natural Game. Also Known as W-U-T-A-N-G. Nine men coming together to utterly destroy the world of rap. Sounds difficult, right? Not when you have one of the most brilliant artists to ever come out of Shaolin (Staten Island) running the show.
Wu-Tang Clan pioneer and appointed leader The GZA is planning to release his latest album, Pro Tools, August 19 on Babygrande Records. The album will be The Genius’ first solo album since 2002’s Legend of the Liquid Sword and will ride off the success of the Clan’s powerful last effort, 2007’s 8 Diagrams (TMT Review).
Here’s my favorite part: The GZA will be going on tour throughout August and September to help promote the album.
