--- Date: Wed, 24 Sep 2003 09:09:29 -0400 From: David Stephenson <D.Stephenson@private> Organization: Stephenson Strategies To: Declan McCullagh <declan@private> Subject: major RIAA screw-up, but no apology... A total screw-up by RIAA, but they can't quite bring themselves to admitting a major mistake.... --W. David Stephenson --- From: "Hal Bringman" <hal@private> To: "Declan McCullagh" <declan@private> Subject: Mistaken identity raises questions on legal strategy Date: Wed, 24 Sep 2003 06:16:20 -0700 http://www.boston.com/dailyglobe2/267/business/Recording_industry_withdraws_suit+.shtml Recording industry withdraws suit Mistaken identity raises questions on legal strategy By Chris Gaither, Globe Staff, 9/24/2003 The recording industry has withdrawn a lawsuit against a Newbury woman because it falsely accused her of illegally sharing music -- possibly the first case of mistaken identity in the battle against Internet file-traders. Privacy advocates said the suit against Sarah Seabury Ward, a sculptor who said she has never downloaded or digitally shared a song, revealed flaws in the Recording Industry Association of America's legal strategy. Ward was caught up in a flood of 261 lawsuits filed two weeks ago that targeted people who, through software programs like Kazaa, make copyrighted songs available for others to download over the Internet. ''When the RIAA announced they were going on this litigation crusade, we knew there was going to be someone like Sarah Ward,'' said Cindy Cohn, legal director for the Electronic Frontier Foundation, an Internet privacy group in San Francisco that has advised Ward and others sued by the music industry. ''And we think were will be more.'' The lawsuit claimed that Ward had illegally shared more than 2,000 songs through Kazaa and threatened to hold her liable for up to $150,000 for each song. The plaintiffs were Sony Music, BMG, Virgin, Interscope, Atlantic, Warner Brothers, and Arista. Among the songs she was accused of sharing: ''I'm a Thug,'' by the rapper Trick Daddy. But Ward, 66, is a ''computer neophyte'' who never installed file-sharing software, let alone downloaded hard-core rap about baggy jeans and gold teeth, according to letters sent to the recording industry's agents by her lawyer, Jeffrey Beeler. Other defendants have blamed their children for using file-sharing software, but Ward has no children living with her, Beeler said. Moreover, Ward uses a Macintosh computer at home. Kazaa runs only on Windows-based personal computers. Beeler complained to the RIAA, demanding an apology and ''dismissal with prejudice'' of the lawsuit, which would prohibit future lawsuits against her. Foley Hoag, the Boston firm representing the record labels, on Friday dropped the case, but without prejudice. ''Please note, however, that we will continue our review of the issues you raised and we reserve the right to refile the complaint against Mrs. Ward if and when circumstances warrant,'' Colin J. Zick, the Foley Hoag lawyer, wrote to Beeler. The trade group released Zick's letter late yesterday and said it would have no other comment. ... Chris Gaither can be reached at gaither@private Hiawatha Bray of the Globe staff contributed to this report. This story ran on page C1 of the Boston Globe on 9/24/2003. best, hal Hal Bringman HBPR, LLC P: + 1.310.659.1060, ext 111# (<--- PLEASE NOTE NEW NUMBER/EXTENSION) E: hal@private AIM: hbringman MSN: halbringman _______________________________________________ Politech mailing list Archived at http://www.politechbot.com/ Moderated by Declan McCullagh (http://www.mccullagh.org/)
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