aTypical Joe: a gay New Yorker living in the rural South

Wednesday, November 14, 2007

RIAA v Georgian who was 13 or 14 at time of infringement

Recording Industry vs. The People:

We have just learned of a case being prosecuted in Columbus, Georgia, in which the RIAA is pursuing an 18-year-old girl based on infringements she apparently committed when she was 13 and 14, Elektra v. McDowell.

The RIAA moved for summary judgment.

The Court granted the motion to the extent that it sought an injunction against further infringement, but denied the motion as to damages, holding that there were factual issues concerning the defendant’s defense of innocent infringement.

RIAA’s Statement of Material Facts*
Defendant’s Opposition to Motion for Summary Judgment*
November 6, 2007, Order, Granting in Part, and Denying in Part, RIAA’s Motion for Summary Judgment*

* Document published online at Internet Law & Regulation