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Print 19 comment(s) - last by Mitch101.. on Jan 15 at 12:32 PM

Appeals court determines original judge was wrong to dismiss the case

The music industry is most known for the willy-nilly sue everyone antics of the RIAA as it sought to stamp out piracy. During the heyday of the suits, the RIAA sued people that were dead, kids, and many others with little or no proof that they had actually done anything wrong.

The massive legal assault on suspected music pirates led to some notable victories by the music industry such as the 2008 legal victory for the industry that set a precedent for people who made music available on file sharing sites. There was a significant case where the people charged the music industry with wrongdoing for a change.

In October of 2008, a district judge in New York dismissed a case brought against defendants including Bertelsmann AG, EMI Group, Sony Corp, Vivendi SA and Warner Music Group Corp and various affiliates of these music companies. The U.S. Second Circuit Court of Appeals in New York has now ruled that the judge on the original 2008 case was in error when he dismissed the suit.

The suit alleges that the defendants named in the original case had conspired together to fix the price of music sold online. The suit also alleged that the defendants limited the availability of downloaded music in violation of antitrust law, specifically a violation of the Sherman Act.

Christopher Lovell, legal representation for the plaintiffs, said, "There was uncertainty in the law over the standards for pleading a price-fixing conspiracy. This decision goes a long way toward clarifying what the standard requires in a way that helps people who paid allegedly conspiratorial prices for digital music."

Lovell is looking to turn the original suit into a class action and feels that the outcome of the case could affect millions by consolidating 28 different state and federal cases from 2005 to 2006. According to the plaintiffs in the case, the named music industry companies conspired to fix the price of a song at wholesale at 70 cents.

Circuit Judge Robert Katzmann wrote that assuming allegations were true there was "enough factual matter" to allow the case to go forward. One key statement that Katzmann pointed out was an assessment by a commenter that "nobody in their right mind" would use services like MusicNet and Pressplay – those are two of the music services ran by the defendants in the case. The judge felt that some sort of agreement for a price floor between the music industry players would have been needed to make those services viable.



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RE: or..
By Jalek on 1/14/2010 6:20:35 PM , Rating: 1
Sounds like the complaint isn't asking for the courts to fix a price, but to address collusion between several of the larger corporations involved.

It sounds like it's properly framed under anti-competitive practices and they'll have their day in court to explain. Why is this a bad thing? Corporations aren't above scrutiny, at least not yet.


RE: or..
By kart17wins on 1/14/2010 7:48:38 PM , Rating: 3
After reading the USA Today article. The first thing that comes to my mind is why doesn't this apply to the video game industry?

They sure seem to have MAP.


RE: or..
By someguy123 on 1/15/2010 1:15:09 AM , Rating: 2
Not really. There are plenty of games (especially on steam/360 arcade/PSN) that are much cheaper than your average game you see in a brick and mortar store, and I believe wii's titles are about 10 dollars cheaper than 360/ps3 titles on release. I believe steam also have random sales where games are as low as 5 dollars.

The 60$ is more of a standard consumers seem to be willing to pay, rather than an artificial price floor fixed by gaming companies.


RE: or..
By Mitch101 on 1/15/2010 12:32:33 PM , Rating: 2
Steam really kicked arse this holiday season. I got enough games from steam to keep me going until next years sale which I hope they do again. One I already had just because steam does such a great job of patching the games.


RE: or..
By karielash on 1/15/2010 12:10:16 AM , Rating: 2
But I am sure that after their next political 'Donation' they will be....


"If they're going to pirate somebody, we want it to be us rather than somebody else." -- Microsoft Business Group President Jeff Raikes

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