RIAA Accused of Extortion & Conspiracy

NewYorkCountryLawyer writes "The defendant in a Tampa, Florida, case, UMG v. Del Cid, has filed counterclaims accusing the RIAA record labels of conspiracy and extortion. The counterclaims (pdf) are for Trespass, Computer Fraud and Abuse (18 USC 1030), Deceptive and Unfair Trade Practices (Fla. Stat. 501.201), Civil Extortion (CA Penal Code 519 & 523), and Civil Conspiracy involving (a) use of private investigators without license in violation of Fla. Stat. Chapter 493; (b) unauthorized access to a protected computer system, in interstate commerce, for the purpose of obtaining information in violation of 18 U.S.C. 1030 (a)(2)(C); (c) extortion in violation of Ca. Penal Code 519 and 523; and (d) knowingly collecting an unlawful consumer debt, and using abus[ive] means to do so, in violation of the Fair Debt Collection Practices Act, 15 U.S.C. 1692a et seq. and Fla. Stat. 559.72 et seq."

Re:hmm look who posted this

[EvilGrin666]

That's because AFAIK he/she is a lawyer and has been involved in one of these RIAA cases (to what extent I'm unsure). Just look at the prior article submissions! Here [slashdot.org] and here [slashdot.org] being obvious examples.

Re:How the mighty have fallen...

[riff420]

Sounds to me like you've just never seen The Princess Bride.

Re:Why are *AA logs worth anything?

[Opportunist]

Well, it hangs on what the judge deems "reasonable proof". If the mafiaa alone produces a log, it's clearly easily forged. If the defendant does, it's the same. When the ISP, a non-aligned party, produces evidence, it usually holds some meaning.

This is music to my ears . . .

[DaMattster]

I think these charges, should they have merit might just stop the RIAA in its tracks. At the very least, experts would be far less willing to work on their behalf for fear of a damaged reputation and/or potential jail time. I know that in PA, acting as Private Detective without any kind of bond and licensure is a FELONY. I can't imagine doing so in Florida wouldn't be a crime either. We shall see about the outcome. My guess is that these charges will be whittled down and not much will become of this. I would really like to see this fought to the bitter end.

Re:The reason this hasn't happened before ...

[th3rmite]

Ain't it the truth. I live on an Army base in Afghanistan and all of the private internet goes through one single router. We have terabytes of shared hard drives with thousands of movies, music and games. I personally don't know anyone who doesn't have a portable hard drive.

Yes, Ray is a lawyer fighting the RIAA

[Xenographic]

Just so you know, the submitter's name is Ray Beckerman. He is a New York lawyer who has represented his share of RIAA victims and he has posted many articles updating us on the progress of these cases, including the one where he asked us to respond to the RIAA's "expert" witness who had basically admitted in a deposition to having essentially no scientific basis for his findings.

Because his clients are generally not wealthy and cannot afford thousands of dollars on experts and legal fees, he's turned to those of us in the technical community who are sick of the RIAA's bullying legal tactics, and I believe he found an Ask Slashdot helpful for once, in spite of the trolls (surely that must be a first...).

If you want to know about the cases he's involved in, he posts about those (and others) over on his blog [blogspot.com]. Or just talk to him when he shows up on Slashdot [slashdot.org]. He's a nice guy, he reads (and responds to) pretty much all replies to his posts, save maybe the trolls. And if he seems a bit curt at times, it's because the RIAA is also watching him. That's right, they've taken note of his blog and possibly other things and tried to twist the things he says and does to use against him in court. I can't see how it's even relevant (it probably isn't), but the RIAA lawyers aren't known for playing nice (or even by the rules, if you look at all the stuff they try and pull ex parte; one Texas judge got mad at them for trying to "defraud" the state of filing fees).

In other words, he's a good lawyer, and one of our few allies in the fight against the RIAA. Very, very few people can afford to represent themselves in court, even if they're innocent, and the RIAA is taking every advantage of that fact :(

I, for one, intend to do pretty much anything in my power to help him out.

Re:About Time!

[Shads]

1/3rd? More like 1/2. I had a family member consider a lawsuit against a previous employer (chemical asthma, no warning and no protection provided against the chemicals in question) and the attorney's take would have ended up all said and done ~48%

Re:About Time!

[Anonymous Coward]

Well, I'm not sure but you might ask this guy [slashdot.org] who is one of the lawyers fighting the RIAA and who represents several victims, last I knew.

Previously, he's asked for help rebutting "expert" testimony submitted by the RIAA, but I haven't heard about donations or anything else. Still, if anyone knows, he would. I know that I want to help them, too.

Re:Ironicly

[Anonymous Coward]

That's not ironic, it's coincidence. Irony would be the RIAA sponsoring a Bucs game.

On a side note, what ever happened about the pink seats?

Re:Yes, Ray is a lawyer fighting the RIAA

[NewYorkCountryLawyer]

Dear Xenographic

Thank you very much for your kind words.

One correction. I always find Slashdot helpful. A little criticism doesn't faze me in the least. I'm a fighter.

Even finding out what the trolls are up to helps me understand the enemy better.

Believe it or not, the architect and manager of the RIAA's terror campaign called me up several weeks ago to give me his personal assurance that the RIAA doesn't use trolls. (Ha, ha, ha).

Re:About Time!

[jedidiah]

Well, it's either that or pay them $5000 up front and then $300/hour after that.

Someone has to pick up the tab for the lawyers time, the overhead of getting that law degree, their WestLaw subscription, the rent and power bill for their office, the salary of the receptionist, the salary of the secretary and the salary of the paralegal.

You pay them a 30% cut for a normal case and 50% for one that goes to appeals because a lot of them don't generate any money at all. All of you "non paying people" are subsidizing each other.

You can always pay them by the hour (like any other professional) if you don't like the contingency arrangement.