RIAA, Win at All Costs, Justice Be Damned

Of course we believe that stealing copyrighted works is wrong. But we are also been very critical of the RIAA’s tactics. Herein is a case in point–

But then there’s the case of a New York family accused of copyright infringement. The case, defended by Ray Beckerman, an outspoken critic of the RIAA and the publisher of the blog — Recording Industry v. The People — was awaiting a decision for about a year from a federal judge on whether the case should be dismissed.

Beckerman argued that merely making copyrighted music available on peer-to-peer networks was not infringement, an argument bolstered by recent opinions in other jurisdictions — but a viewpoint shared by only a handful of judges. Beckerman’s argument was that if the RIAA can’t prove anybody downloaded the music from an open share folder, then the case would have to be dismissed.

What is most egregious here is that the RIAA withdrew their suit only to refile in another court with a more favorable judge. In withdrawing the suit the presiding judge should have identified ‘with prejudice’. That would have prevented the RIAA from refilling.

Read the whole thing here.