Elektra v. Santangelo
Encyclopedia
Elektra v. Santangelo was a case heard before the United States District Court for the Southern District of New York
, filed by Elektra Entertainment Group as one of approximately 13,000 lawsuits
that the Recording Industry Association of America
(RIAA) has brought against individual defendants in the U.S. The suit alleged that Patricia (Patti) Santangelo, a single mother of five based in Wappingers Falls, New York
, infringed the copyright of several companies by sharing six songs on the KaZaA
file-sharing network. The RIAA sought to dismiss the case "without prejudice" but the Court denied the motion, saying that the RIAA could either dismiss the case with prejudice or proceed to trial. The RIAA also sued 2 of Ms. Santangelo's children. A default judgment
was entered against one of them, Michelle Santangelo. Ms. Santangelo's 16 year old son Robert Santangelo has interposed counterclaims against the plaintiffs, including "failure to warn".
p2pnet.net, whose readers raised a total of more than $15,000 to help Mrs Santangelo with her legal expenses, ran an interview with her in 2005. In it, she declared, "Don’t let your fear of these massive companies allow you to deny your belief in your own innocence. Paying these settlements is an admission of guilt. If you’re not guilty of violating the law, don’t pay."
the case for $7,500, but Mrs. Santangelo rejected the offer. She says that she didn't realize that her computer contained KaZaA software, and that the KaZaA account name listed in the suit had never been used by anyone in her family; the name was said to be "similar" to the screen name of a teenage friend of one of her children.
One frequently cited criticism of the RIAA's lawsuits is that they use an assembly line
approach to lawsuits, trying to get the same result in every case no matter the evidence, trying to carry out the lawsuits and settlements in the most efficient way, and acting as if lawsuits are a standard part of business. This case is somewhat notable because the judge, the Honorable Colleen McMahon
, appears to agree with some of those criticisms in a dialog with Mike Maschio, an RIAA attorney:
Mrs. Santangelo originally appeared in court without a lawyer. She was later represented by Ray Beckerman
of Beldock Levine & Hoffman LLP. For a brief period she appeared pro se again, and since then has been represented by Jordan Glass of Valhalla, New York
. Her former lawyer Beckerman commented "I'm sure she's going to win. I don't see how they could win. They have no case. They have no evidence she ever did anything."
During the proceedings for their Motion to Dismiss, after the oral argument of the motion, the RIAA's lawyers asked for a second oral argument. According to Ray Beckerman this was unusual:
American Morning
interview, Miles O'Brien
discussed the case with Ms. Santangelo and RIAA President Cary Sherman
. The following excerpts from a transcript of the interview summarize the RIAA's position:
The offer to "modify the complaint" appears to place the burden of proof on Ms. Santangelo to establish her innocence by naming someone else. Otherwise, the RIAA response does not acknowledge Ms. Santangelo's contention that no one in her family was involved in the purported file-sharing, and therefore it would be unclear what lesson could be learned by a "family event" settlement.
Elektra later requested that this case be dismissed and, instead, proceeded to file suits against Santangelo's son and daughter (Robert and Michelle) based on evidence obtained during the original proceedings. According to legal documents Michelle Santagelo did not respond to this case and a default judgment of $30,750 was approved in favor of Elektra/RIAA.
Robert, however, has not settled. He is also represented by Jordan Glass and is raising 32 defenses including arguments that he didn't send copyrighted files to others, the recording companies originally promoted file sharing, the statute of limitations
had passed, and that all of the music on his computer had been owned on CD by his sister. He is counter-suing the record companies for violating antitrust
laws, conspiring to defraud the courts, and making extortion
ate threats.
On April 9, 2007, a stipulation of discontinuance with prejudice was entered, which means that Santangelo is the prevailing party and therefore eligible to file a motion to recover attorneys' fees.
United States District Court for the Southern District of New York
The United States District Court for the Southern District of New York is a federal district court. Appeals from the Southern District of New York are taken to the United States Court of Appeals for the Second Circuit The United States District Court for the Southern District of New York (in case...
, filed by Elektra Entertainment Group as one of approximately 13,000 lawsuits
Trade group efforts against file sharing
Impact of illegal downloading on the film industryArts and media industry trade groups such as the Recording Industry Association of America and Motion Picture Association of America strongly oppose and attempt to prevent copyright infringement through file sharing...
that the Recording Industry Association of America
Recording Industry Association of America
The Recording Industry Association of America is a trade organization that represents the recording industry distributors in the United States...
(RIAA) has brought against individual defendants in the U.S. The suit alleged that Patricia (Patti) Santangelo, a single mother of five based in Wappingers Falls, New York
Wappingers Falls, New York
Wappingers Falls is a village in Dutchess County, New York, United States. The name is derived from the local Wappinger Indians. One half of the village is in the town of Wappinger and the other half is in the town of Poughkeepsie, with Wappinger Creek forming the dividing line between the...
, infringed the copyright of several companies by sharing six songs on the KaZaA
Kazaa
Kazaa Media Desktop started as a peer-to-peer file sharing application using the FastTrack protocol licensed by Joltid Ltd. and operated as Kazaa by Sharman Networks...
file-sharing network. The RIAA sought to dismiss the case "without prejudice" but the Court denied the motion, saying that the RIAA could either dismiss the case with prejudice or proceed to trial. The RIAA also sued 2 of Ms. Santangelo's children. A default judgment
Default judgment
Default judgment is a binding judgment in favor of either party based on some failure to take action by the other party. Most often, it is a judgment in favor of a plaintiff when the defendant has not responded to a summons or has failed to appear before a court of law...
was entered against one of them, Michelle Santangelo. Ms. Santangelo's 16 year old son Robert Santangelo has interposed counterclaims against the plaintiffs, including "failure to warn".
p2pnet.net, whose readers raised a total of more than $15,000 to help Mrs Santangelo with her legal expenses, ran an interview with her in 2005. In it, she declared, "Don’t let your fear of these massive companies allow you to deny your belief in your own innocence. Paying these settlements is an admission of guilt. If you’re not guilty of violating the law, don’t pay."
Background
Elektra offered to settleSettlement (law)
In law, a settlement is a resolution between disputing parties about a legal case, reached either before or after court action begins. The term "settlement" also has other meanings in the context of law.-Basis:...
the case for $7,500, but Mrs. Santangelo rejected the offer. She says that she didn't realize that her computer contained KaZaA software, and that the KaZaA account name listed in the suit had never been used by anyone in her family; the name was said to be "similar" to the screen name of a teenage friend of one of her children.
One frequently cited criticism of the RIAA's lawsuits is that they use an assembly line
Assembly line
An assembly line is a manufacturing process in which parts are added to a product in a sequential manner using optimally planned logistics to create a finished product much faster than with handcrafting-type methods...
approach to lawsuits, trying to get the same result in every case no matter the evidence, trying to carry out the lawsuits and settlements in the most efficient way, and acting as if lawsuits are a standard part of business. This case is somewhat notable because the judge, the Honorable Colleen McMahon
Colleen McMahon
Colleen McMahon is a United States federal judge.Born in Columbus, Ohio, McMahon received a B.A. from Ohio State University in 1973 and a J.D. from Harvard Law School in 1976. She was in private practice in New York from 1976–1979 and from 1980 to 1995. She was a Speechwriter / special assistant...
, appears to agree with some of those criticisms in a dialog with Mike Maschio, an RIAA attorney:
- THE COURT: "Well, I think it would be a really good idea for you to get a lawyer, because I would love to see a mom fighting one of these."
- MR. MASCHIO: "I'll give her my card, but our instructions are for these people to deal with the conference settlement center. They had discussions."
- THE COURT: "I'm sorry. Your instructions from me, the Judge are that, if she appears with a lawyer, her lawyer will deal with you."
- MR. MASCHIO: "No, all I was suggesting, your Honor, is that, if she doesn't come with an attorney, that the more direct way of doing this — and this is just to facilitate things — is to deal directly with the conference center."
- THE COURT: "Not once you've filed an action in my court. ... You file an action in my court, your conference center is out of it. They have nothing to do with anything. ... You're taking up my time and cluttering up my calendar, so you will do it in the context of the Court. ... And if your people want things to be done through the conference center, tell them not to bring lawsuits."
Mrs. Santangelo originally appeared in court without a lawyer. She was later represented by Ray Beckerman
Ray Beckerman
Ray Beckerman is an attorney in New York City, practicing law at Ray Beckerman, P.C. He is noted for his analysis and commentary on the RIAA's campaign, commenced in 2003, of copyright infringement lawsuits against individuals engaged unauthorized peer-to-peer file sharing of music.Beckerman was...
of Beldock Levine & Hoffman LLP. For a brief period she appeared pro se again, and since then has been represented by Jordan Glass of Valhalla, New York
Valhalla, New York
Valhalla is an unincorporated hamlet and census-designated place that is located within the town of Mount Pleasant, New York, in Westchester County. Its population was 3,162 at the 2010 U.S. Census...
. Her former lawyer Beckerman commented "I'm sure she's going to win. I don't see how they could win. They have no case. They have no evidence she ever did anything."
During the proceedings for their Motion to Dismiss, after the oral argument of the motion, the RIAA's lawyers asked for a second oral argument. According to Ray Beckerman this was unusual:
- "I would say that asking for a second oral argument is unusual, because (a) in almost 31 years of working in litigation I’ve never heard of anyone doing it, and (b) the very asking for it is an admission that the first oral argument was lost."
RIAA Response
The RIAA contends that illegally shared files were found on a computer with an IP address connected to Ms. Santangelo, and that this is sufficient grounds for continuing to pursue the lawsuit. In a CNNCNN
Cable News Network is a U.S. cable news channel founded in 1980 by Ted Turner. Upon its launch, CNN was the first channel to provide 24-hour television news coverage, and the first all-news television channel in the United States...
American Morning
American Morning
American Morning is the morning television show on CNN. It premiered in 2001.-About the show:American Morning is hosted by Ashleigh Banfield, Zoraida Sambolin & Soledad O'Brien. Others who appear regularly are Rob Marciano with the weather, Sunny Hostin on legal news, and CNN senior medical...
interview, Miles O'Brien
Miles O'Brien (journalist)
Miles O'Brien is a broadcast news journalist specializing in aviation, space and technology.-Early life:...
discussed the case with Ms. Santangelo and RIAA President Cary Sherman
Cary Sherman
Cary H. Sherman is currently the President of the Recording Industry Association of America as has been for the past 13 years.-Education:Sherman graduated from Cornell University in 1968, and Harvard Law School in 1971.-Career:...
. The following excerpts from a transcript of the interview summarize the RIAA's position:
- ... We were disappointed that Ms. Santangelo didn't take advantage of an opportunity to get rid of this case quickly, as most people have when they find that somebody in their household or somebody using their computer was in the wrong.
- And we tried to be very fair and reasonable about this and take these matters up on a case-by-case basis. But the important thing is to get the message out there that ... uploading or downloading music without authorization on the Internet is illegal.
- [S]omebody has to assume responsibility for what's happening with kids. And I think parents need to have some kind of conversation with their kids about how to use the computer the right way and the wrong way.
- [T]he reality is that an overwhelming number of people who have been sued tell us the same story, that they didn't know what was going on, they didn't know it was illegal, and so on and so forth.
- In this case, if Ms. Santangelo did not do this, then she should tell us who did, and we would modify the complaint accordingly.
- We had one grandfather who had those kids work off the amount that he paid to settle as a way of teaching them a lesson and making this a family event.
The offer to "modify the complaint" appears to place the burden of proof on Ms. Santangelo to establish her innocence by naming someone else. Otherwise, the RIAA response does not acknowledge Ms. Santangelo's contention that no one in her family was involved in the purported file-sharing, and therefore it would be unclear what lesson could be learned by a "family event" settlement.
Current status
A motion to dismiss has been filed, stating that "the Courts have consistently required specific acts of copying, and the dates and times of those acts", and the complainant isn't providing those. The plaintiff's response is that the specific files were listed, and that specific times of violations aren't needed, because there is "an ongoing and continuous infringement". This is in conflict with Mrs. Santangelo's statements on the record that the computer's disk has been reformatted because of "a lot of major viruses", and that her ex-husband is now in possession of the computer. RIAA then made the unusual request to have a second oral argument session and to submit an additional surreply. The motion to dismiss the case was denied on 28 November 2005.Elektra later requested that this case be dismissed and, instead, proceeded to file suits against Santangelo's son and daughter (Robert and Michelle) based on evidence obtained during the original proceedings. According to legal documents Michelle Santagelo did not respond to this case and a default judgment of $30,750 was approved in favor of Elektra/RIAA.
Robert, however, has not settled. He is also represented by Jordan Glass and is raising 32 defenses including arguments that he didn't send copyrighted files to others, the recording companies originally promoted file sharing, the statute of limitations
Statute of limitations
A statute of limitations is an enactment in a common law legal system that sets the maximum time after an event that legal proceedings based on that event may be initiated...
had passed, and that all of the music on his computer had been owned on CD by his sister. He is counter-suing the record companies for violating antitrust
Antitrust
The United States antitrust law is a body of laws that prohibits anti-competitive behavior and unfair business practices. Antitrust laws are intended to encourage competition in the marketplace. These competition laws make illegal certain practices deemed to hurt businesses or consumers or both,...
laws, conspiring to defraud the courts, and making extortion
Extortion
Extortion is a criminal offence which occurs when a person unlawfully obtains either money, property or services from a person, entity, or institution, through coercion. Refraining from doing harm is sometimes euphemistically called protection. Extortion is commonly practiced by organized crime...
ate threats.
On April 9, 2007, a stipulation of discontinuance with prejudice was entered, which means that Santangelo is the prevailing party and therefore eligible to file a motion to recover attorneys' fees.
See also
- RIAA, File-sharing controversy
- File sharingFile sharingFile sharing is the practice of distributing or providing access to digitally stored information, such as computer programs, multimedia , documents, or electronic books. It may be implemented through a variety of ways...
- David ZamosDavid ZamosMicrosoft Corp v. Zamos was litigation between Microsoft and David Zamos, a student at Kent State and the University of Akron in the United States. Microsoft accused Zamos of illegally reselling his student-discounted copies of Windows XP Pro and Microsoft Office on eBay. Zamos countersued...
— another case where an individual was expected to quickly settle, but instead contested the claims, and subsequently gained substantial support from the press
External links and sources
- RIAALawsuits.us - Documents from the case
- MTV News - Single Mother Of Five Takes On RIAA In Downloading Case
- Corante Copyfight weblog - an interview with Ray Beckerman
- Interview with the RIAA Mom - Sept 6, 2005 MP3 NewswireMP3 NewswireFounded in 1998, the same year as MP3.com, MP3 Newswire is the oldest active news site devoted to digital media technology. Notable for its series of essays that chronicled the rise of digital music and the Internet’s acrimonious relationship with the record industry, MP3 Newswire initially was...
article - Mom Fights RIAA Suit Solo
- News report compilation, including RIAA President's response: WMV format Google Video