Posted by anthonyberet on 09/05/05 20:08

George Hester wrote:
> "anthonyberet" <nospam@me.invalid> wrote in message
> news:3o08oiF3g93tU1@individual.net...
>
>>Loco Jones wrote:
>>
>>>Could this be the one to watch?
>>>
>>>
>
> http://www.vh1.com/news/articles/1507708/20050816/index.jhtml?headlines=tru
>
>>>e&_requestid=334269
>>>(same as: http://tinyurl.com/bm4w5 )
>>>
>>>Yes, it's KaZaa in the spotlight again, but this could apply to any P2P
>>>application targeted:
>>> < quote >
>>>
>>> "As an exhibit in the complaint, they typed up a list of six songs that
>>>RIAA investigators downloaded from a shared account that was supposedly
>
> on
>
>>>my client's computer," Rogers said. "The complaint said those files were
>>>there for sharing, but they have no evidence that anyone did share them.
>>>For them to prove copyright infringement, they have to show that there
>
> was
>
>>>unauthorized distribution of a copyrighted file to the public. If they
>
> knew
>
>>>some 16-year-old who downloaded those songs from my client's drive, that
>>>would be copyright infringement, but if their own investigators did it,
>>>it's not distribution to the public. A copyright owner cannot infringe
>
> on
>
>>>their own copyright."
>>> < end quote >
>>>
>>>If this case ever makes it way *all* through the legal system, the
>
> results
>
>>>could be very interesting indeed.
>>>
>>
>>Here is a collection of court documents relating to this case:
>>http://riaalawsuits.us/elektra_santangelo/
>>
>>There are few interesting points - the RIAA submitted ordinary
>>screen-grabs of KaZaa as evidence. - Suggesting that they don't use bots.
>>Despite about 1100 tracks being shared, they are only claiming
>>infringement on one track from each record company (probably for economy
>>of court time).
>>The court hearing of May 6th 2005 seemed to hinge on the judge's
>>misunderstanding of Kazaa usernames and what they mean - she appeared to
>>be under the impression that this meant it was not the defendant's ISP
>>account.
>>Anyway, despite the news story, the defendent's lawyers have moved for
>>dismissal on the basis that the RIAA did not specify the times of the
>>infringements.
>>
>>I would ceratinly think that the fact that a wifi connection was used
>>would be significant. - I see no mention of the argument about no proof
>>that the tracks have been downloaded by anyone - perhaps this collection
>>is incomplete though.
>>
>>I agree it is one to watch.
>>
>>
>>
>
>
> Court: I suggest you get a lwayer.
>
> Defendent: What kind of lawyer.?
>
> Court: A lawyer that does a little bit of this and a little bit of that.
>
> Me: LOL:
>
> http://riaalawsuits.us/elektra_santangelo/transcript050506.txt
>
There is an interview with Mrs Santangelo here:
http://p2pnet.net/story/6134

It looks as though she is really prepared to fight this to the end - I
have posted the full text of the interview below:

Hi, Mrs Santangelo. Before we get down to the questions, thanks very
much for talking to p2pnet. You're becoming a heroine online and offline
and your stand against the RIAA and the Big Four record label cartel
that owns it will make a huge difference both to the way the Net
functions, and how p2p is perceived by people who may not have come
across it before.

p2pnet: So, you're the first of close to 14,000 people who's decided
you're not going to be pushed around by the record labels. How do you
feel about that now, particularly in light of all the media attention
your case is drawing?

Santangelo: The attention was quite a surprise. I had no idea when I
chose to hire Mr Beckerman that I was the first to say No to a settlement.

p2pnet: Are your family and friends behind you?

Santangelo: Yes. Everyone has been very supportive.

p2pnet: You're reported to have said you've never used Kazaa and that,
further, you didn't even know what it was before the RIAA turned up on
your door-step. It's also been said the software belongs to a friend of
your children's and was installed without you, or anyone else in your
family, knowing about it. Is that an accurate summary?

Santangelo: That's correct. I had no idea what Kazaa was or what it was
used for. I think of software as an actual disk that you hold in your
hand so I'm not sure about that or how it was installed. The screen-name
that was used for the Kazaa account did not belong to any of my children
is what I said. I never said that one of my children did not know this
person had a Kazaa account.

p2pnet: Even though you hadn't heard of Kazaa, did you know what an mp3
was? And had you come across the term p2p (peer-to-peer) before?

Santangelo: No. I had no idea what either a p2p or an mp3 was.

p2pnet: Had you heard about file sharing before you caught Big Music's
eye? And if you had, what were your impressions of it?

Santangelo: I had never heard of file sharing.

p2pnet: We understand the RIAA's settlement centre told you the labels
wanted $7,500 out of you. Can you recall what was said? And what was the
manner of the person who spoke with you?

Santangelo: That was the original amount that was asked of me. However,
it was reduced to $3,750, if I remember correctly. At the time I was
called, there was no music on my computer because it was only three or
four months old. I'd recently moved and they had my old address and the
computer we had at that location had been destroyed by a virus. So when
I was told that I needed to sign some type of statement saying that
myself, or someone in my home, was responsible for this "crime," I had
nothing to actually look at except a court paper with an IP address.
There was no file sharing company or account at that time. I couldn't
accept that.

p2pnet: What was your first reaction?

Santangelo: Fear, like most people, I suspect.

p2pnet: When did you decide you weren't going to put up with the
bullying, how did you go about finding legal representation?

Santangelo: I stopped answering my phone for a little while and started
to research what it was all about because, like I said before, I had no
idea. I decided after reading about the Jane Does that this was so very
wrong and that I'd let them name me with their lawsuit.

Unfortunately, finding an attorney to handle this was not so easy. I
made a lot of phone calls and spoke to friends and came up empty. That's
why I appeared in court in May alone. The judge told me to try and find
an attorney. I started looking online and found a website called the
Electronic Frontier Foundation. There was a link for lawyers and that is
how I finally found Mr. Beckerman.

[NOTE: "I've never had a situation like this before, where there are
powerful plaintiffs and powerful lawyers on one side and then a whole
slew of ordinary folks on the other side," said US district judge Nancy
Gertner in Boston a little more than a year ago. And US District Judge
Colleen McMahon, who’s already had a “glimpse of the case," told the
cartel's lawyers in reference to the Pay Us Or Else intimidation tactic
that the settlement center was no longer to be involved and that she'd,
"love to see a mom fighting one of these" - Ed]

p2pnet: Your children's friend is apparently named on the subpoena. That
looks a little like the cartel is trying to go to the well twice. Do you
know if he or she has been asked to settle, and if so, for how much and
what is he/she going to do?

Santangelo: I know nothing about anyone besides myself being named on a
subpoena, sorry.

p2pnet: Have you personally heard from the RIAA again since this all began?

Santangelo: I've heard from them once since I went to court in May. It
wasn't really the RIAA but the settlement center representing them and I
explained to them what Judge McMahon had said in court about me finding
an attorney and that I would not be settling with them.

p2pnet: You've already had Pay Us Or Else threats leveled at you. If you
lose this case, you could end up facing a lot more than $7,500. What's
your reaction to that?

Santangelo: Right now I'm surviving on pure faith that these cases
against random IP addresses are wrong and that's all I can think about
right now.

p2pnet: If you triumph, and we're sure you will, the Big Four record
labels will be in an extremely dangerous position. Their entire terror
campaign will collapse around their ears. They've already abandoned
several cases for various reasons. Suppose they decide it's not worth
risking that you'll win and they decide to drop their charges against
you? What then?

Santangelo: Honestly, that would be a relief. But it solves nothing if
they can continue doing the same thing to other people like me. I didn't
know I was the first person to take it this far. Since hiring Mr
Beckerman I've learned a lot, and realize that this isn't just about my
case: it's about the legal rights of all the people who are being
unfairly sued.

p2pnet: Assuming your case ends up in court, how far are you willing to go?

Santangelo: I'm willing to take it as far as I have to to prevent other
innocent people being dragged into frivolous lawsuits. It's wrong.

p2pnet: The record companies say file sharers are devastating them? Does
that seem to be a reasonable proposition?

Santangelo: I have three teenage children who love music and I think
that's a great thing. I can't count the amount of concert tickets and
cds that I've purchased over the past few years, and I still have two
younger ones who are showing the same love for music. I find it hard to
believe that file sharing could impact record companies to the point of
devastation. There are some people, apparently, who copy and sell CDs,
and that is piracy and they are the ones that need to be stopped. That's
just wrong.

p2pnet: Is there anything you'd like to say to other people who, like
you, are being pilloried by Big Music?

Santangelo: Don't let your fear of these massive companies allow you to
deny your belief in your own innocence. Paying these settlements is an
admission of guilt. If you're not guilty of violating the law, don't pay.

p2pnet: And finally, when will you open an e-payment account so people
can start helping with your defense fund : ) ?

Santangelo: I've been very stressed about how I'll handle paying for my
defense. My only relief from this stress has been the amount of
supportive people from all over the country who have offered their help.
It's amazing! I'm looking into the best way to set up a defense fund
that will help me continue the legal proceedings and to stop this from
ever happening to another innocent person.

After researching this Kazaa network I realized that if everyone who
ever did share a file would donate $1 that would be more than enough to
put an end to the RIAA terror campaign.

Interview by Jon Newton - p2pnet

--
anthonyberet

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