[NA-Discuss] RIAA 'Elektra V. Barker' Case Is Settled

[Jeffrey A. Williams]

All,

  Yet again the rubber, so to speek, has met the road here.  This
will not likely be the end of this saga, although the end of this phase
of this case.  Next will be personel damages phase...

  Yet again also, this clearly demonstrates that the RIAA, as
bad actors along with ICANN's IPC, needs intense adult
supervision at a minimum and ICANN still hasn't gotten the
message that the RIAA has to go!  These "Wingnuts" need the
boot...

See:
 http://recordingindustryvspeople.blogspot.com/
writes "
http://recordingindustryvspeople.blogspot.com/2007/01/index-of-litigation-documents.html#Elektra_v_Barker
Elektra v. Barker, one of the leading cases repudiating the RIAA's
'making available' theory,
http://recordingindustryvspeople.blogspot.com/2008/08/elektra-v-barker-is-settled.html
has been settled. Unlike in most cases, the
http://beckermanlegal.com/Documents/elektra_barker_080818StipSoOrdered.pdf
actual settlement agreement (PDF) is on file with the Court, and a
matter of public record. Now Ms. Barker's
http://yro.slashdot.org/article.pl?sid=08/07/28/1658212&tid=123
attack on the constitutionality of the RIAA's damages theory,
as well as her other defenses including unclean hands based on
MediaSentry's illegal behavior, the RIAA's inability to sue for
statutory damages, and
http://yro.slashdot.org/article.pl?sid=08/08/09/1912245&tid=123
innocent infringement will not be adjudicated, and it will fall on the
shoulders of other defendants to carry the day on those issues. 
Ms. Barker, a young social worker who lives in the Bronx, once told
http://p2pnet.net/story/10880 p2pnet "I love music. I grew up in a house
where music was played all the time. We had milk crates filled with 
albums.... So to be sued for having music files on my computer is an 
insult. It's a slap in the face.  This experience has left such a 
bad taste in my mouth that I wanted to swear off music.""

Regards,

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