Oklahoma State students attack RIAA's expert witness

The RIAA’s relatively brief experiences with lawsuits against college students indicates that things are not going so smoothly with the music industry’s attempts to sue this population.

Link:http://arstechnica.com/news.ars/post/20070808-oklahoma-state-students-attack-riaas-expert-witness.html

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Based strictly on the concept of the ex-parte (pronounced eks party), this lawsuit should be thrown out. To employ such a legal concept (to have it approved by a judge) means that one must produce sufficient evidence that the party presenting the arguments would be physically harmed (i.e. assaulted) in court by the defendant having to show up, and/or that the defendant would do something like harm dependents in his/her care. The fact such a lawsuit is allowed to proceed on this basis without the requisite proof shows 2 things: 1) The judge allowing it doesn’t understand that ex-parte proceedings are to be allowed ONLY in such rare and threatening circumstances (WHERE it can be proven based a preponderance of evidence); 2) this deprives the party excluded by the ex-parte proceeding of one’s Constitutional right to face one’s accusers in a court of law and to rebut the charges. In most cases, the defendants could go the route of summary judgment–basically asking the court to decide if there’s sufficient proof given by the plaintiff (and in the U.S., whomever brings the case must at least prove a preponderance, or that is be at least 51% likely to be believed over the defendant in a civil case; in a criminal case, it must be so overwhelming as to be ‘beyond a reasonable doubt’). I imagine in at least 75% of these RIAA cases, if the defendants were not excluded by ex-parte proceedings, that defendants requesting summary judgment would win, due to the fact the plaintiffs (the RIAA) failed to sufficiently establish even the required preponderance of evidence.

Good to know these college students are wising up, as it shows the current college propaganda campaign sponsored by the RIAA/MPAA isn’t brainwashing student populations en masse. :slight_smile:

I wonder what the music industry and the internet would be like if the RIAA and the rest of the music recording industry embraced the internet and all its benefits and just started a huge campaign slamming the downloaded music for its not-so-good quality compared to CDs and just kept selling CDs and not going after all the “illegal” downloaders? Hmmmmmmmmmm…

The RIAA is just grasping at straws and they are struggling trying to hold on to their jobs. The Internet has opened many doors to the point where they are no longer need by the Artist. Cut the middleman out and pocket that cash.

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