IP Democracy: RIAA Lands Victory in File-Sharing Appeal

The RIAA was handed a victory yesterday in its battle to stamp out file-sharing via litigation. A three-judge panel of the U.S. Court of Appeals for the Seventh Circuit in Chicago threw out the appeal of Cecilia Gonzalez, who claimed that she had downloaded unauthorized music in order to “sample” it prior to making CD purchase decisions and that, moreover, she was only doing what everybody else does.

The court, rightly, scoffed at her arguments.

“A copy downloaded, played, and retained on one’s hard drive for future use is a direct substitute for a purchased copy,” the judges wrote. They said her defense that she downloaded fewer songs than many other computer users “is no more relevant than a thief’s contention that he shoplifted only 30 compact discs, planning to listen to them at home and pay later.”

The RIAA is sure to make much ado about this victory, one of the earliest appeals court cases in the wake of the record industry’s stepped-up ligitation against file-sharers. But, no judge in his or her right mind would have bought Gonzalez’ lame arguments. This case bears little resemblance to those in which the targeted individuals are being held accountable, and held up, by the RIAA for actions not of their own making.

Posted by Cynthia Brumfield on December 10, 2005 12:36 AM to IP Democracy