Alert reader Ross recently pointed me to a link regarding counterclaims brought by a defendant in an RIAA p2p crackdown case.
Maybe I missed the boat on this one, but I'm surprised it's taken this long for such theories to be tested. To me it seems natural that a target of the numerous RIAA suits would want to bite back in as many ways possible. It could be that countersuits have been filed in the past but the cases were settled or dismissed before the court reached the merits of the action and before the public heard of it.
Regardless, it will be interesting to see how these issues fare. Remember, the RIAA is a trade group--not a government entity--and therefore does not benefit from any sort of qualified immunity in the investigation and prosecution of alleged illegal p2p users. If the defendant-counterclaimant is successful on any of her claims it could potentially hamper the way the RIAA protects its interests.
When, if ever, will there be a balance between homespun cottage-industry recordings, major label sensitivity, and consumer interests?
Answer: 2019.
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