Year in Review: Individual lawsuits USA

Once again the RIAA litigation campaign against individual file sharers continued in 2008. It is estimated that 30,000 people have now been targeted in the United States for file sharing.[1] There were a number of important matters considered by the courts and new grounds for defence were tried.

I have prepared an overview of the most notable events that have taken place over the past 12 months - this is just a summary with many of the cases still underway. I will be looking at primary sources for the purposes of my thesis so have not gone into a lot of detail here.

Thomas
Jamie Thomas was held liable for sharing 24 songs in 2007 and ordered to pay $222,000 in damages.[2] The Judge in the case however later declared a mistrial on the basis that instructions he gave to the jury may have been erroneous.[3] The US District Court judge Michael J. Davis instructed the jury that simply making the files available in a shared folder was a sufficient basis to establish copyright infringement but then later considered that the law required proof of actual dissemination.[4] The RIAA appealed the interlocutory ruling but it is expected that the trial will be held again.[5]

In the process of ordering a retrial the judge also made express comments regarding the award of damages in these cases noting that they were excessive and designed to discourage commercial piracy and that while the court does not excuse the behaviour of file sharers that it nonetheless considers the statutory damages to be far in excess of what is warranted in instances of personal use.[6]

Howell
While Jeffery Howell was held liable for file sharing and ordered to pay $40,850 in damages the decision in this case was based on the fact that he had acted in bad faith and wiped his hard drive despite the court ordering him not to destroy the evidence.[7] The court appeared willing to consider arguments that simply making a file available in a shared folder was insufficient to establish copyright infringement.[8]

Sire
London v Sire was another case in which the court appeared willing to consider arguments that making a file available in a shared folder does not amount to distribution, finding that publication and distribution are not identical.[9]

Brennan
In Atlantic v Brennan the court also denied the RIAA’s application for default judgement on the basis that making a file available does not amount to distribution.[10]

Harper
Whitney Harper was aged between 14 and 16 years at the time that she used Kazaa to download and share music.[11] She argued before the court that her infringement was innocent as she had no knowledge of the law or the way the architecture operated at the time of the infringement.[12] Her computer ran Kazaa with the software operational without her knowledge for a number of years after she had initially downloaded the music.[13] The court agreed that this was a case of innocent infringement and ordered her to pay damages of $200 per song.[14]

In the later part of the trial and following on from the ruling in the Thomas case she attempted to argue that while she had admitted to sharing 31 songs that the RIAA only had proof of her disseminating 6 tracks and that on this basis her damages should be reduced.[15] The court was unwilling to entertain this argument and she was ordered to pay $7,400.[16]

Tenenbaum
In the later months of 2008 a defence was filed in the case of Joel Tenebaum who was accused of sharing 7 songs using Kazaa in August 2007.[17] The case is yet to go to trial however the defendant is being assisted by Professors from the Berkman Centre for Internet and Society and claims that damages for copyright infringement introduced through the Digital Theft Deterrence and Copyright Damages Improvement Act of 1999 are unconstitutional. He also argues that the RIAA are abusing the court process by undertaking the litigation campaign as they view the actions as part of a deterrence education campaign and thus the lawsuits and threats are based on an improper purpose.[18]

UMG v Doe
In this case the court held that universities are required to comply with the Family Educational Rights and Privacy Act which specifies that the private information of students cannot be disclosed without the knowledge of parents.[19] This decision means that universities which receive subpoenas must be given adequate time to identify the students and contact their parents to warn them that the personal information of the student is to be released and why.[20]

Arista v Does 1-17
This case concerns students from the University of Oregon. The court required the RIAA to resubmit its subpoena to specify that the university is required to provide the personal details of all people that may have used the identified IP address for downloading. This came after a complaint from the university that in circumstances where more than one person has access to an account they should not be required to conduct an investigation process to determine which users personal information should be disclosed.[21]

Boyer
In Atlatnic v Boyer a motion to dismiss brought by the RIAA was denied with counterclaims of civil conspiracy, extortion, illegal investigation, computer fraud, trespass, deception and abuse of process remaining to be heard.[22]

Barker
Denise Barker settled her dispute with the RIAA paying $756 in damages for each of the eight songs she was accused of sharing.[23] In earlier proceedings for this case the court held that publication and distribution were synonymous and that making a file available in a shared folder was sufficient grounds to hold that the content had been distributed.[24]

Andersen
Tanya Andersen was awarded $107,951 in lawyers fees after mounting a successful defence to a file sharing case.[25] The RIAA withdrew the case after it became apparent that they did not have sufficient evidence to pursue the claims.[26] Andersen is still pursuing counterclaims against the RIAA including conspiracy, abuse of the legal process, negligence, wire fraud, mail fraud and wrongfully filing a lawsuit.[27]

Cassin
The RIAA was also forced to withdraw the case against Joan Cassin after it determined that there was insufficient evidence to suggest that she was responsible for sharing music.[28] The RIAA refilled a claim against the remaining members of her house.[29]

Amurao
The case against Mr Amurao was withdrawn in January 2008.[30]

Other relevant issues
In 2008 it was reported that new technology has been developed to automate the file sharing investigation process.[31] It is not clear that this technology has been implemented yet, however should this be the case it will stream line the litigation process enabling the RIAA to sue more people for copyright infringement.[32]

A number of questions were raised as to whether investigators such as those engaged by Media Sentry are required to hold Private Investigators licenses with the State of Michigan passing an amendment to its legislation making the holding of such a license a requirement.[33] The American Bar Association issued a report suggesting that organisations such as Media Sentry should not be required to obtain Private Investigators licenses arguing that this loophole detracted from the substantive issues surrounding the investigations.[34]

There was a significant increase in the number of file sharing lawsuits commenced against college students with many higher education facilities reporting a dramatic increase in the number of subpoenas issued and pre litigation settlement offers made to students. [35] This led in part to legislative measures requiring universities to take active steps to prevent infringement on their networks (to be considered in more detail in a later post regarding ISP Liability).[36]

Some universities attempted to prevent the disclosure of the personal information of students with Tufts University arguing that they did not have the technology in place to accurately identify the correct user at the time of the alleged infringement.[37] Marshall University made a similar argument but was ordered by the court to disclose the details of all students that may have shared the illegal content in question.[38]

There were also a couple of instances in which the courts were forced again to consider the issue of joining John Doe lawsuits together with the courts preferring that the suits were not commenced together in large groups.[39]

The courts have entered default judgements against those that do not respond to the pre litigation letters and who do not defend the action.[40]

It was also reported that the RIAA were increasing the damages sought for students that did not respond to an initial settlement offer made in the pre litigation phase in an attempt to force compliance and reduce the number of file sharers seeking to challenge claims.[41]

There was also increased speculation as to the quality of evidence on which the lawsuit campaign is based with independent researchers finding that inanimate objects such as printers can attract DMCA take down notices and be considered to have illegally file shared based on the investigation techniques employed in these cases.[42]

Reports indicate that despite the estimated 30,000 lawsuits that have been commenced none of the funds recovered have been directed to artists.[43]

Further Reading
The Electronic Frontier Foundation has an excellent summary of the lawsuits over the past five years see:

EFF, RIAA v. The People Five Years Later (September 2008) <http://www.eff.org/wp/riaa-v-people-years-later> at 3 October 2008
[1] Wired, Former Teen Cheerleader Defies RIAA Over $7,400 File Sharing Tab (20 October 2008) <http://blog.wired.com/27bstroke6/2008/10/riaa-seeks-7400.html> at 30 October 2008
[2] ZeroPaid, Judge Tosses Out RIAA's First File-Sharing Conviction, Thomas Granted New Trial (25 September 2008) <http://www.zeropaid.com/news/9774/Judge+Tosses+Out+RIAA%27s+First+File-Sharing+Conviction%2C+Thomas+Granted+New+Trial%21> at 26 September 2008; Wired Blog, Professors Siding With Jammie Thomas in RIAA Case (18 June 2008) <http://blog.wired.com/27bstroke6/2008/06/professors-sidi.html> at 26 June 2008; The Register, World's Dumbest File Sharer loses lawyer, sells knickers (3 January 2008) <http://www.theregister.co.uk/2008/01/03/jammie_thomas_attorney_flees/> at 8 January 2008
[3] ZeroPaid, RIAA Appeals Jammie Thomas Mistrial Ruling (17 October 2008) <http://www.zeropaid.com/news/9810/RIAA+Appeals+Jammie+Thomas+Mistrial+Ruling> at 19 October 2008; Slyck, Jammie Thomas Verdict Thrown Out, Judge Orders New Trial in P2P Case (25 September 2008) <http://www.slyck.com/story1770_Jammie_Thomas_Verdict_Thrown_Out_Judge_Orders_New_Trial_in_P2P_Case> at 5 October 2008; EFF Deeplinks, Capitol v. Thomas: Judge Orders New Trial, Implores Congress to Lower Statutory Penalties for P2P (24 September 2008) <http://www.eff.org/deeplinks/2008/09/capitol-v-thomas-judge-orders-new-trial-implores-c> at 5 October 2008; Digital Music News, Judge Tosses RIAA Victory; Glare Continues on Making Available (25 September 2008) <http://www.digitalmusicnews.com/stories/092408riaa> at 26 September 2008; ZeroPaid, Judge Tosses Out RIAA's First File-Sharing Conviction, Thomas Granted New Trial (25 September 2008) <http://www.zeropaid.com/news/9774/Judge+Tosses+Out+RIAA%27s+First+File-Sharing+Conviction%2C+Thomas+Granted+New+Trial%21> at 26 September 2008; The Register, RIAA filesharing target Jammie Thomas wins retrial (25 September 2008)<http://www.theregister.co.uk/2008/09/25/jammie_thomas_again/> at 26 September 2008; Wall Street Journal, Music File-Sharing Decision To Have Broad Impact (15 August 2008) <http://online.wsj.com/article/SB121875652064642585.html> at 20 August 2008; Digital Music News, RIAA Victory... Headed Towards a Mistrial? (5 August 2008) <http://www.digitalmusicnews.com/stories/080408riaa> at 7 August 2008; TechDirt, Judge In Jammie Thomas Trial Seems Likely To Declare A Mistrial (4 August 2008) <http://www.techdirt.com/articles/20080804/1612281887.shtml> at 6 August 2008; The Arizona Republic, Labels urge judge to uphold decision in 1st piracy trial (5 August 2008) <http://www.azcentral.com/arizonarepublic/business/articles/2008/08/05/20080805biz-mktsector0805.html> at 6 August 2008; ArsTechnica, Final RIAA/Jammie Thomas briefs in; new trial decision looms (14 July 2008) <http://arstechnica.com/news.ars/post/20080714-final-riaajammie-thomas-briefs-in-new-trial-decision-looms.html> at 15 July 2008; ArsTechnica, Jammie Thomas, RIAA cross swords in final briefs to judge (1 July 2008) <http://arstechnica.com/news.ars/post/20080701-jammie-thomas-riaa-cross-swords-in-final-briefs-to-judge.html> at 4 July 2008; TechDirt, Should RIAA Win Against Jammie Thomas Be Tossed After RIAA Admits It Misspoke On The Stand? (4 January 2008) <http://www.techdirt.com/articles/20080104/155907.shtml> at 8 January 2008
[4] ZeroPaid, RIAA Appeals Jammie Thomas Mistrial Ruling (17 October 2008) <http://www.zeropaid.com/news/9810/RIAA+Appeals+Jammie+Thomas+Mistrial+Ruling> at 19 October 2008; Digital Music News, Judge Tosses RIAA Victory; Glare Continues on Making Available (25 September 2008) <http://www.digitalmusicnews.com/stories/092408riaa> at 26 September 2008; ZeroPaid, Judge Tosses Out RIAA's First File-Sharing Conviction, Thomas Granted New Trial (25 September 2008) <http://www.zeropaid.com/news/9774/Judge+Tosses+Out+RIAA%27s+First+File-Sharing+Conviction%2C+Thomas+Granted+New+Trial%21> at 26 September 2008; ArsTechnica, EFF attacks foundation of entire RIAA lawsuit campaign (22 June 2008) <http://arstechnica.com/news.ars/post/20080622-eff-attacks-foundation-of-riaa-lawsuit-campaign.html> at 27 June 2008; Wired Blog, Professors Siding With Jammie Thomas in RIAA Case (18 June 2008) <http://blog.wired.com/27bstroke6/2008/06/professors-sidi.html> at 26 June 2008; ZeroPaid, 10 Law Professors Tell Court 'Making Available' Not Copyright Infringement (21 June 2008) <http://www.zeropaid.com/news/9577/10+Law+Professors+Tell+Court+%27Making+Available%27+Not+Copyright+Infringement> at 26 June 2008; ZeroPaid, EFF Files Amicus Brief of Jammie Thomas Trial, Demands Re Trial (21 June 2008) <http://www.zeropaid.com/news/9581/EFF+Files+Amicus+Brief+on+Jammie+Thomas+Trial%2C+Demands+Re-Trial> at 26 June 2008; TechDirt, MPAA Explains Why Proof Shouldn't Be Necessary In Copyright Infringement Cases (23 June 2008) <http://www.techdirt.com/articles/20080621/1257061470.shtml> at 26 June 2008
[5] CNet News, RIAA appeals mistrial in file-sharing case (16 October 2008) <http://news.cnet.com/8301-13578_3-10068547-38.html> at 19 October 2008; TechDirt, RIAA Appeals Mistrial Ruling In The Jammie Thomas Trial (16 October 2008) <http://www.techdirt.com/articles/20081016/0024202556.shtml> at 19 October 2008; Digital Music News, RIAA Suits Up Against Jammie Thomas; Appeal Begins (17 October 2008) <http://www.digitalmusicnews.com/stories/101608riaa> at 19 October 2008; ArsTechnica, RIAA wants to appeal on contested jury instruction (16 October 2008) <http://arstechnica.com/news.ars/post/20081016-riaa-wants-to-appeal-on-contested-jury-instruction.html> at 17 October 2008; Digital Music News, Judge Tosses RIAA Victory; Glare Continues on Making Available (25 September 2008) <http://www.digitalmusicnews.com/stories/092408riaa> at 26 September 2008; ZeroPaid, Judge Tosses Out RIAA's First File-Sharing Conviction, Thomas Granted New Trial (25 September 2008) <http://www.zeropaid.com/news/9774/Judge+Tosses+Out+RIAA%27s+First+File-Sharing+Conviction%2C+Thomas+Granted+New+Trial%21> at 26 September 2008; TechDirt, RIAA Also Tells Judge That Proof Shouldn't Be Necessary To Sue For Infringement (1 July 2008) <http://www.techdirt.com/articles/20080630/2000361557.shtml> at 1 July 2008
[6] RecordingIndsutryvThePeopleBlog, RIAA's $222,000 verdict in Capitol v. Thomas set aside. Judge rejects 'making available'; attacks excessive damages (24 September 2008) <http://recordingindustryvspeople.blogspot.com/2008/09/riaas-222000-verdict-in-capitol-v.html> at 5 October 2008; EFF Deeplinks, Capitol v. Thomas: Judge Orders New Trial, Implores Congress to Lower Statutory Penalties for P2P (24 September 2008) <http://www.eff.org/deeplinks/2008/09/capitol-v-thomas-judge-orders-new-trial-implores-c> at 5 October 2008; ZeroPaid, Judge Tosses Out RIAA's First File-Sharing Conviction, Thomas Granted New Trial (25 September 2008) <http://www.zeropaid.com/news/9774/Judge+Tosses+Out+RIAA%27s+First+File-Sharing+Conviction%2C+Thomas+Granted+New+Trial%21> at 26 September 2008; TechDirt, Judge Declares Mistrial In RIAA's Only Court Victory (25 September 2008) <http://www.techdirt.com/articles/20080924/2255532365.shtml> at 26 September 2008; ArsTechnica, Thomas verdict overturned, making available theory rejected (24 September 2008) <http://arstechnica.com/news.ars/post/20080924-thomas-verdict-overturned-making-available-theory-rejected.html> at 25 September 2008
[7] ArsTechnica, Howell verdict: RIAA wins $40,850 P2P judgment (1 September 2008) <http://arstechnica.com/news.ars/post/20080901-howell-verdict-riaa-wins-40850-p2p-judgment.html> at 12 September 2008; Digital Music News, RIAA Defendant Picks Up $40,850 Infringement Tab (3 September 2008) <http://www.digitalmusicnews.com/stories/090208riaa> at 4 September 2008; ArsTechnica, Howell verdict: RIAA wins $40,850 P2P judgment (1 September 2008) <http://arstechnica.com/news.ars/post/20080901-howell-verdict-riaa-wins-40850-p2p-judgment.html> at 2 September 2008; Digital Music News, RIAA Beats the Howells; Critical Evidence Destroyed (27 August 2008) <http://www.digitalmusicnews.com/stories/082708riaa> at 1 September 2008; TechDirt, Howell Loses To RIAA... But For Evidence Destruction (27 August 2008) <http://www.techdirt.com/articles/20080827/0004082109.shtml> at 1 September; CNet News, Report: RIAA wins case over erased hard drive (26 August 2008) <http://news.cnet.com/8301-1023_3-10026694-93.html> at 28 August 2008
[8] Digital Music News, ...And Fresh Challenges Emerge on "Making Available" (15 May 2008) <http://www.digitalmusicnews.com/stories/051508jammie> at 21 May 2008; The Patry Copyright Blog, Atlantic Recording Corp. v. Howell (30 April 2008) <http://williampatry.blogspot.com/2008/04/atlantic-recording-corp-v-howell.html> at 10 May 2008; ZeroPaid, File-Sharing Lawsuits - Could They Be Over? (2 May 2008) <http://www.zeropaid.com/news/9452/File+Sharing+Lawsuits+-+Could+they+be+over%3F> at 5 May 2008; Digital Music News, Court Questions Making Available Theory, Trial Ahead (2 May 2008) <http://www.digitalmusicnews.com/stories/050108riaa> at 3 May 2008; CNet News, Court rejects RIAA's 'making available' piracy argument (29 April 2008) <http://www.news.com/8301-10784_3-9932004-7.html> at 2 May 2008; TechDirt, Court Rejects RIAA's 'Making Available' Theory In Infamous Howell Case (29 April 2008) <http://www.techdirt.com/articles/20080429/125025979.shtml> at 2 May 2008; EFF Deeplinks, Big Victory in Atlantic v. Howell: Court Rejects RIAA "Making Available" Theory (29 April 2008) <http://www.eff.org/deeplinks/2008/04/big-victory-atlantic-v-howell-court-rejects-making> at 30 April 2008; ArsTechnica, Judge deals another blow to RIAA's making available theory (29 April 2008) <http://arstechnica.com/news.ars/post/20080429-judge-deals-another-blow-to-riaas-making-available-theory.html> at 30 April 2008; EFF Deeplinks, EFF Takes on RIAA Lawsuit Strategy in Wednesday Court Hearing (3 March 2008) <http://www.eff.org/press/archives/2008/03/03> at 10 March 2008; ArsTechnica, EFF to take RIAA on in court over "making available" claim (4 March 2008) <http://arstechnica.com/news.ars/post/20080304-eff-to-take-riaa-on-in-court-over-making-available-claim.html> at 6 March 2008; ZeroPaid, EFF Takes on the RIAA in File-sharing Case (5 March 2008) <http://www.zeropaid.com/news/9307/EFF+Takes+on+the+RIAA+in+File-sharing+Case> at 6 March 2008; EFF Deeplinks, RIAA File-Sharing Complaint Fails to Support Default Judgment (25 February 2008)<http://www.eff.org/deeplinks/2008/02/riaa-file-sharing-complaint-fails-support-default-judgment> at 29 February 2008; EFFector, "Attempted Distribution" Not a Crime Vol. 21, No. 2 (15 January 2008) <http://www.eff.org/deeplinks/2008/01/eff-files-brief-atlantic-v-howell-resisting-riaas-attempted-distribution-theory> at 20 January 2008; ZeroPaid, Can the RIAA Sue for Attempted Copyright Infringement? (14 January 2008)<http://www.zeropaid.com/news/9197/Can+the+RIAA+Sue+for+Attempted+Copyright+Infringement%3F> at 20 January 2008; Digital Music News, EFF Needles RIAA Once Again, Challenges "Making Available" (18 January 2008) <http://www.digitalmusicnews.com/stories/011807riaa> at 20 January 2008; TechDirt, EFF Files Brief In Howell Case, Says 'Making Available' Is Not Infringement (14 January 2008) <http://www.techdirt.com/articles/20080114/002412.shtml> at 18 January 2008
[9] EFF Deeplinks, Making Available is Not Distribution, Says Court in London-Sire v. Doe (2 April 2008) <http://www.eff.org/deeplinks/2008/04/making-available-distribution-says-court-london-sire-v-doe> at 8 April 2008; The Patry Copyright Blog, The recent making available cases (3 April 2008) <http://williampatry.blogspot.com/2008/04/recent-making-available-cases.html> at 8 April 2008; SiliconValley/Associated Press, Judges take opposite sides on legality of uploading music files to share (4 April 2008) <http://www.siliconvalley.com/news/ci_8813684> at 8 April 2008
[10] RecordingIndsutryvThePeople, Default judgment denied in Atlantic v. Brennan, RIAA complaint insufficient, possible defenses of copyright misuse, excessive damages (25 February 2008) <http://recordingindustryvspeople.blogspot.com/2008/02/default-judgment-denied-in-atlantic-v.html> at 28 February 2008
[11] Wired, Former Teen Cheerleader Defies RIAA Over $7,400 File Sharing Tab (20 October 2008) <http://blog.wired.com/27bstroke6/2008/10/riaa-seeks-7400.html> at 30 October 2008
[12] Wired, Former Teen Cheerleader Defies RIAA Over $7,400 File Sharing Tab (20 October 2008) <http://blog.wired.com/27bstroke6/2008/10/riaa-seeks-7400.html> at 30 October 2008; TechDirt, 'Innocent Infringement' As A Way To Lower Copyright Infringement Damages? (11 August 2008) <http://www.techdirt.com/articles/20080811/0353381944.shtml> at 20 August 2008; The Register, Filesharing teen gets damages reduced in ignorance claim (12 August 2008) <http://www.theregister.co.uk/2008/08/12/teenager_filesharing_damages_reduced/> at 20 August 2008; RecordingIndustryvThePeople, Innocent infringement defense may reduce damages to $200 per song file in Maverick v. Harper (9 August 2008) <http://recordingindustryvspeople.blogspot.com/2008/08/innocent-infringement-defense-may.html> at 12 August 2008; Digital Music News, Innocent Infringing? Latest RIAA Defendant Claims Ignorance (11 August 2008) <http://www.digitalmusicnews.com/stories/081008innocent> at 12 August 2008
[13] Wired, Former Teen Cheerleader Defies RIAA Over $7,400 File Sharing Tab (20 October 2008) <http://blog.wired.com/27bstroke6/2008/10/riaa-seeks-7400.html> at 30 October 2008
[14] Wired, Former Teen Cheerleader Defies RIAA Over $7,400 File Sharing Tab (20 October 2008) <http://blog.wired.com/27bstroke6/2008/10/riaa-seeks-7400.html> at 30 October 2008
[15] TechDirt, Judge Reject's Woman's Request For A Jury Trial; Orders Her To Pay RIAA (27 October 2008) <http://www.techdirt.com/articles/20081027/0321442650.shtml> at 29 October 2008; Digital Music News, Innocent Infringer' Smells Blood; Pushes for Full Trial (21 October 2008) <http://www.digitalmusicnews.com/stories/102108innocent> at 22 October 2008; TechDirt, RIAA Calls Another Critic Vexatious After She Points Out Flaw In RIAA Logic (20 October 2008) <http://www.techdirt.com/articles/20081020/0045092577.shtml> at 22 October 2008; Wired, RIAA Decries Texas Woman as 'Vexatious' for Demanding File Sharing Trial (17 October 2008) <http://blog.wired.com/27bstroke6/2008/10/riaa-decries-te.html> at 21 October 2008; ArsTechnica, RIAA now wants to avoid trial in innocent infringement case (19 October 2008) <http://arstechnica.com/news.ars/post/20081019-riaa-now-wants-to-avoid-trial-in-innocent-infringement-case.html> at 21 October 2008
[16] TechDirt, Judge Reject's Woman's Request For A Jury Trial; Orders Her To Pay RIAA (27 October 2008) <http://www.techdirt.com/articles/20081027/0321442650.shtml> at 29 October 2008; Digital Music News, Innocent Infringer' Smells Blood; Pushes for Full Trial (21 October 2008) <http://www.digitalmusicnews.com/stories/102108innocent> at 22 October 2008; TechDirt, RIAA Calls Another Critic Vexatious After She Points Out Flaw In RIAA Logic (20 October 2008) <http://www.techdirt.com/articles/20081020/0045092577.shtml> at 22 October 2008; Wired, RIAA Decries Texas Woman as 'Vexatious' for Demanding File Sharing Trial (17 October 2008) <http://blog.wired.com/27bstroke6/2008/10/riaa-decries-te.html> at 21 October 2008; ArsTechnica, RIAA now wants to avoid trial in innocent infringement case (19 October 2008) <http://arstechnica.com/news.ars/post/20081019-riaa-now-wants-to-avoid-trial-in-innocent-infringement-case.html> at 21 October 2008
[17] TechDirt, Big Guns Come Out In Effort To Show RIAA's Lawsuits Are Unconstitutional (30 October 2008) <http://www.techdirt.com/articles/20081030/0203582685.shtml> at 5 December 2008; ArsTechnica, RIAA defendant enlists Harvard Law prof, students (29 October 2008) <http://arstechnica.com/news.ars/post/20081029-riaa-defendant-enlists-harvard-law-prof-students.html> at 30 October 2008; Digital Music News, Showdown In Boston: Harvard Prof Takes on RIAA... (29 October 2008) <http://www.digitalmusicnews.com/stories/102808nesson> at 30 October 2008
[18] TechDirt, Big Guns Come Out In Effort To Show RIAA's Lawsuits Are Unconstitutional (30 October 2008) <http://www.techdirt.com/articles/20081030/0203582685.shtml> at 5 December 2008; ArsTechnica, RIAA defendant enlists Harvard Law prof, students (29 October 2008) <http://arstechnica.com/news.ars/post/20081029-riaa-defendant-enlists-harvard-law-prof-students.html> at 30 October 2008; Digital Music News, Showdown In Boston: Harvard Prof Takes on RIAA... (29 October 2008) <http://www.digitalmusicnews.com/stories/102808nesson> at 30 October 2008
[19] Find Law, Before the RIAA Can Sue a Student, Mom and Dad Can Call a Lawyer: An Interesting Innovation Affords Some Notice to Students Accused of Illegal Downloading (6 October 2008) <http://writ.lp.findlaw.com/ramasastry/20081006.html> at 12 October 2008; TechDirt, University Gets Time To Notify Students Before Handing Over Info To The RIAA (10 October 2008) <http://www.techdirt.com/articles/20081009/2153312509.shtml> at 12 October 2008
[20] Find Law, Before the RIAA Can Sue a Student, Mom and Dad Can Call a Lawyer: An Interesting Innovation Affords Some Notice to Students Accused of Illegal Downloading (6 October 2008) <http://writ.lp.findlaw.com/ramasastry/20081006.html> at 12 October 2008; ArsTechnica, Judge forces U of Oregon to cough up student data to RIAA (30 September 2008) <http://arstechnica.com/news.ars/post/20080930-judge-forces-u-of-oregon-to-cough-up-student-data-to-riaa.html> at 5 October 2008
[21] Find Law, Before the RIAA Can Sue a Student, Mom and Dad Can Call a Lawyer: An Interesting Innovation Affords Some Notice to Students Accused of Illegal Downloading (6 October 2008) <http://writ.lp.findlaw.com/ramasastry/20081006.html> at 12 October 2008; ArsTechnica, Marshall University fails to block RIAA's P2P subpoenas (16 April 2008) <http://arstechnica.com/news.ars/post/20080416-marshall-university-fails-to-block-riaas-p2p-subpoenas.html> at 17 April 2008
[22] RecordingIndustry v ThePeopleBlog, Counterclaims for extortion, conspiracy, trespass, consumer fraud & abuse, abuse of process upheld in Atlantic v. Boyer (6 May 2008) <http://recordingindustryvspeople.blogspot.com/2008/05/counterclaims-for-extortion-conspiracy.html> at 7 May 2008
[23] TechDirt, Woman Who Claimed RIAA Infringement Damages Were Unconstitutional Settles For $756/Song (18 August 2008) <http://www.techdirt.com/articles/20080818/1936552018.shtml> at 20 August 2008; Digital Music News, Another Courtroom Dance? RIAA Settles Elektra v. Barker (19 August 2008) <http://www.digitalmusicnews.com/stories/081808elektra> at 20 August 2008; Digital Music News, RIAA Defendant Pleads Guilty, But Challenges Charges (30 July 2008) <http://www.digitalmusicnews.com/stories/072908riaa/view> at 31 July 2008; TechDirt, Woman Admits File Sharing; Challenges Constitutionality Of Copyright Act (29 July 2008) <http://www.techdirt.com/articles/20080729/0114391821.shtml> at 31 July 2008; EFF Deeplinks, Offering to Distribute = Distribution, says Court in Elektra v. Barker (1 April 2008) <http://www.eff.org/deeplinks/2008/04/offering-distribute-distribution-says-elektra-v-barker-ruling> at 8 April 2008
[24] ZeroPaid, Court Helps Record Labels Define Kazaa's 'Shared Folder' in Lawsuit (2 April 2008) <http://www.zeropaid.com/news/9374/Court+Helps+Record+Labels+Define+KaZaA%27s+%27Shared+Folder%27+in+Lawsuit> at 3 April 2008; ArsTechnica, New ruling may "grease the wheels" of RIAA litigation machine (31 March 2008) <http://arstechnica.com/news.ars/post/20080331-new-ruling-may-grease-the-wheels-of-riaa-litigation-machine.html> at 2 April 2008; RecordingIndsutryvThePeople, Judge rejects RIAA "making available" theory but sustains complaint, and gives RIAA chance to replead defective theory in Elektra v. Barker (31 March 2008) <http://recordingindustryvspeople.blogspot.com/2008/03/judge-rejects-riaa-making-available.html> at 2 April 2008; Billboard.biz, Court Backs Majors On File-Sharing Question (31 March 2008) <http://www.billboard.biz/bbbiz/content_display/industry/e3i73f32003f239851a2a6aae5368d831e9> at 2 April 2008
[25] ZeroPaid, RIAA Finally Pays $107,951 to Wrongfully Accused File Sharer (2o August 2008) <http://www.zeropaid.com/news/9707/RIAA+Finally+Pays+%24107%2C951+to+Wrongfully+Accused+File-Sharer> at 22 August 2008; TechDirt, Once Again (With Feeling): RIAA Told To Pay Tanya Andersen's Legal Fees (28 July 2008) <http://www.techdirt.com/articles/20080728/1844461819.shtml> at 29 July 2008; Slyck, P2P Defendant Awarded Attorney Fees (15 May 2008) <http://www.slyck.com/story1687_P2P_Defendant_Awarded_Attorney_Fees> at 5 June 2008; Effector, Score Two for Defendants in the P2p Wars (16 May 2008) <http://www.eff.org/deeplinks/2008/05/score-two-defendants-p2p-wars> at 5 June 2008; The Register, RIAA ordered to shell out $100k for P2P witch hunt (15 May 2008) <http://www.theregister.co.uk/2008/05/15/tanya_andersen_attorneys_fees/> at 21 May 2008; ZeroPaid, RIAA Must Pay $107,834 in Legal Fees (17 May 2008) <http://www.zeropaid.com/news/9497/RIAA+Must+Pay+%24107%2C834+in+Legal+Fees> at 21 May 2008; ArsTechnica, RIAA doesn't want to pay for a fair defense, says victor (26 March 2008) <http://arstechnica.com/news.ars/post/20080326-riaa-andersen-attorney-should-only-get-10-of-requested-fee.html> at 27 March 2008; The Register, RIAA told to pay legal fees for harrassed defendant (17 January 2008) <http://www.theregister.co.uk/2008/01/17/tanya_andersen_riaa_attorneys_fees/> at 20 January 2008
[26] ZeroPaid, RIAA Finally Pays $107,951 to Wrongfully Accused File Sharer (2o August 2008) <http://www.zeropaid.com/news/9707/RIAA+Finally+Pays+%24107%2C951+to+Wrongfully+Accused+File-Sharer> at 22 August 2008; Digital Music News, Judge Approves Lawyer Fees; RIAA Owes $107,834 (25 June 2008)<http://www.digitalmusicnews.com/stories/062508andersen> at 27 June 2008; BusinessWeek, Does She Look Like a Music Pirate? (24 April 2008) <http://www.businessweek.com/print/magazine/content/08_18/b4082042959954.htm> at 30 April 2008; The Register, Woman accuses RIAA of killing dolphins (20 March 2008) <http://www.theregister.co.uk/2008/03/20/tanya_andersen_complaint/> at 22 March 2008
[27] ArsTechnica, Andersen relentless in quest to nail the RIAA (5 May 2008) <http://arstechnica.com/news.ars/post/20080505-andersen-relentless-in-quest-to-nail-the-riaa.html> at 6 May 2008; TechDirt, Tanya Andersen Decides To Drop Racketeering Charges Against The RIAA (28 April 2008) <http://www.techdirt.com/articles/20080427/161528962.shtml> at 30 April 2008
[28] ArsTechnica, Third time's the charm? RIAA tries end run around old case (13 June 2008) <http://arstechnica.com/news.ars/post/20080613-third-times-the-charm-riaa-tries-end-run-around-old-case.html> at 15 June 2008; Digital Music News, Plot Thickens on RIAA Dismissal; More Court Filings Emerge (13 June 2008) <http://www.digitalmusicnews.com/stories/061208riaa> at 15 June 2008
[29] ArsTechnica, Third time's the charm? RIAA tries end run around old case (13 June 2008) <http://arstechnica.com/news.ars/post/20080613-third-times-the-charm-riaa-tries-end-run-around-old-case.html> at 15 June 2008
[30] RecordingIndstryvThePeopleBlog, RIAA withdraws Lava v. Amurao, argues it should not be assessed attorneys fees; defendant moves to exclude MediaSentry evidence for illegality (29 January 2008) <http://recordingindustryvspeople.blogspot.com/2008/01/riaa-withdraws-lava-v-amurao-case.html> at 31 Janaury 2008
[31] ZeroPaid, Coming Soon: Automated Piracy Identification & Settlement System (18 September 2008) <http://www.zeropaid.com/news/9755/Coming+Soon%3A+Automated+Piracy+Identification+%26+Settlement+System> at 21 September 2008g
[32] ZeroPaid, Coming Soon: Automated Piracy Identification & Settlement System (18 September 2008) <http://www.zeropaid.com/news/9755/Coming+Soon%3A+Automated+Piracy+Identification+%26+Settlement+System> at 21 September 2008
[33] ArsTechnica, Michigan law passed requiring MediaSentry to have PI license (5 September 2008) <http://arstechnica.com/news.ars/post/20080905-michigan-law-passed-requiring-mediasentry-to-have-pi-license.html> at 12 September 2008; ZeroPaid, College Demands RIAA Anti-Piracy Investigator get PI License (8 August 2008) <http://www.zeropaid.com/news/9687/College+Demands+RIAA+Anti-Piracy+Investigator+Get+PI+License> at 12 August 2008; TechDirt, Another Claim Of Illegal RIAA Investigative Techniques (6 February 2008)<http://www.techdirt.com/articles/20080205/230542187.shtml> at 7 February 2008; Slyck, RIAA Not Impressed with Legal Concerns Surrounding Media Sentry (6 February 2008) <http://www.slyck.com/story1657_RIAA_Not_Impressed_with_Legal_Concerns_Surrounding_Media_Sentry>
[34] TechDirt, ABA Says RIAA File Sharing Watchers Shouldn't Need Private Investigators' Licenses (28 August 2008) <http://www.techdirt.com/articles/20080827/2143312115.shtml> at 1 September 2008
[35] ZeroPaid, RIAA Steps Up Campus File-Sharing War, Says Using 'Better Software, More Servers' (7 May 2008) <http://www.zeropaid.com/news/9459/RIAA+Steps+Up+Campus+File-Sharing+War%2C+Says+Using+%27Better+Software%2C+More+Servers%27> at 8 May 2008; Digital Music News, Universities Report Climb In RIAA Letters... (2 May 2008) <http://www.digitalmusicnews.com/stories/050108college> at 5 May 2008; Wired Blog, Universities Baffled By Massive Surge In RIAA Copyright Notices (30 April 2008) <http://blog.wired.com/27bstroke6/2008/04/riaa-sends-spik.html> at 3 May 2008; TechDirt, RIAA Massively Ramps Up Warning Notices To College Students Over File Sharing (May 2008) <http://www.techdirt.com/articles/20080502/1552351013.shtml> at 3 May 2008; ArsTechnica, Campuses swimming in flood of infringement notices from RIAA (30 April 2008) <http://arstechnica.com/news.ars/post/20080430-campuses-swimming-in-flood-of-infringement-notices-from-riaa.html> at 2 May 2008; ZeroPaid, Biggest RIAA Campus Crackdown Ever: 569 Students Get Settlement Letters (16 April 2008) <http://www.zeropaid.com/news/9407/Biggest+RIAA+Campus+Crackdown+Ever%3A+569+Students+Get+%27Settlement%27+Letters> at 17 April 2008; CNet News Blog, RIAA marks one year of college threat-letter drive (21 February 2008) <http://www.news.com/8301-10784_3-9876121-7.html> at 29 February 2008; ZeroPaid, RIAA College Crackdown Part 13, Targets 401 More Students (26 February 2008) <http://www.zeropaid.com/news/9288/RIAA+College+Crackdown+Part+13%2C+Targets+401+More+Students> at 27 February 2008; Digital Music News, RIAA College Crackdown Hits Sophomore Year (22 February 2008)<http://www.digitalmusicnews.com/stories/022108riaa> at 25 February 2008; ZeroPaid, Oklahoma State Hands Over Names of Suspected File Sharers to RIAA (15 February 2008) <http://www.zeropaid.com/news/9268/Oklahoma+State+Hands+Over+Names+of+Suspected+File-Sharers+to+RIAA> at 17 February 2008; Digital Music News, RIAA Announces 12th Round of University Lawsuits (14 January 2008) <http://www.zeropaid.com/news/9196/RIAA+Announces+12th+Round+of+University+Lawsuits> at 20 January 2008; Digital Music News, New Year, New Lawsuits: RIAA Filings Continue In '08 (10 January 2008) <http://www.digitalmusicnews.com/stories/010908riaa> at 20 January 2008
[36] ArsTechnica, Big content goes after colleges through funding bills (15 April 2008) <http://arstechnica.com/news.ars/post/20080415-big-content-goes-after-college-p2p-through-funding-bills.html> at 17 April 2008; ZeroPaid, Tennessee Proposes Own Crackdown On College Campus File Sharing (28 February 2008) <http://www.zeropaid.com/news/9293/Tennessee+Proposes+Own+Crackdown+on+College+Campus+File-Sharing> at 29 February 2008; ArsTechnica, Tennessee legislation would turn schools into copyright cops (25 February 2008) <http://arstechnica.com/news.ars/post/20080225-tennessee-legislation-would-turn-schools-into-copyright-cops.html> at 28 February 2008
[37] Digital Music News, Another University Brushes Back Against the RIAA... (7 August 2008) <http://www.digitalmusicnews.com/stories/080708tufts> at 12 August 2008
[38] ArsTechnica, Marshall University fails to block RIAA's P2P subpoenas (16 April 2008) <http://arstechnica.com/news.ars/post/20080416-marshall-university-fails-to-block-riaas-p2p-subpoenas.html> at 17 April 2008
[39] ArsTechnica, Maine law students try to derail RIAA lawsuit express (2 April 2008) <http://arstechnica.com/news.ars/post/20080402-maine-law-students-try-to-derail-riaa-lawsuit-express.html> at 3 April 2008; ArsTechnica, Improper joinder rulings, sanctions threats don't deter RIAA (14 February 2008) <http://arstechnica.com/news.ars/post/20080214-improper-joinder-rulings-sanctions-threats-dont-deter-riaa.html> at 18 February 2008; Digital Music News, Judge Says RIAA Should Be Fined For Bundling File Sharing Lawsuits (30 January 2008) <http://www.techdirt.com/articles/20080129/194839120.shtml> at 4 February 2008; Slyck, Magistrate judge suggests sanctions against RIAA lawyers (30 January 2008) <http://arstechnica.com/news.ars/post/20080130-magistrate-judge-suggests-sanctions-against-riaa-lawyers.html> at 31 January 2008
[40] ArsTechnica, Kazaa downloads cost one man $750 per song in RIAA suit (16 March 2008) <http://arstechnica.com/news.ars/post/20080316-kazaa-downloads-cost-one-man-750-per-song-in-riaa-suit.html> at 18 March 2008
[41] ArsTechnica, RIAA doubles settlement cost for students fighting subpoenas (11 June 2008) <http://arstechnica.com/news.ars/post/20080611-riaa-doubles-settlement-cost-for-students-fighting-subpoenas.html> at 13 June 208
[42] EFF Deeplinks, Laser Printers Found Guilty of "Making Available" Crimes (5 June 2008) <http://www.eff.org/deeplinks/2008/06/laser-printers-found-guilty-making-available-crime> at 13 June 2008; ZeroPaid, STUDY: BitTorrent Users Prone to False Copyright Infringement Claims (6 June 2008) <http://www.zeropaid.com/news/9535/STUDY%3A+BitTorrent+Users+Prone+to+False+Copyright+Infringement+Claims> at 7 June 2008; TechDirt, Would You Believe Copyright Infringement Notices Are Based On Faulty Information? (5 June 2008) <http://www.techdirt.com/articles/20080605/1227001318.shtml> at 7 June 2008; ArsTechnica, Study paints grim picture of automated P2p enforcement (5 June 2008) <http://arstechnica.com/news.ars/post/20080605-study-paints-grim-picture-of-automated-dmca-notice-accuracy.html> at 6 June 2008
[43] TechDirt, Musicians Wondering Why They're Not Seeing A Cut Of RIAA Settlements (28 February 2008) <http://www.techdirt.com/articles/20080228/125620382.shtml> at 3 March 2008