Can the RIAA Actually Offer “Amnesty”?
Not Really, But It May Be Close. First, readers may wonder, Why does the RIAA have the right to offer “amnesty” in the first place? It’s not a government, after all. And it’s not even the copyright holder for all the downloaded music. So what right does it have to determine who does, and does not, get insulated from copyright suits? The answer is that the RIAA does have some right to decide this – but its right is a relatively limited one. As an industry association, it may well be granted “standing” – that is, the legal right – to bring a lawsuit against the individuals it claims are illegal distributors. And if it has standing, it has the right to settle any case in which it is the plaintiff, with the defendant it has sued in that case – or to settle, in advance, with anyone against whom it would have a future claim (that is, any “distributor”). But it can only settle its own claim – not the claims of others. So if a person takes advantage of the amnesty, other plaintiffs can still s
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