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Granny Sues RIAA Over Unlicensed Investigator 206

NewYorkCountryLawyer writes "An elderly, non-file-sharing grandmother from East Texas, who had been sued by the RIAA after being displaced by Hurricane Rita, has sought leave to file counterclaims against the RIAA record companies for using unlicensed investigators. In her counterclaims (PDF) Ms. Crain claims that the record companies 'entered into an agreement with a private investigations company to provide investigative services which led to the production of evidence to be used in court against counterclaim plaintiff, including the identification of an IP address on the basis of which counterclaim defendants filed their suit... [They] were at the time of this agreement aware that the aforementioned private investigations company was unlicensed to conduct investigations in the State of Texas specifically, and in other states as well... [T]hey agreed between themselves and understood that unlicensed and unlawful investigations would take place in order to provide evidence for this lawsuit, as well as thousands of others as part of a mass litigation campaign... [T]he private investigations company hired by plaintiffs engaged in one or more overt acts of unlawful private investigation... Such actions constitute civil conspiracy under Texas common law.'"
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Granny Sues RIAA Over Unlicensed Investigator

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  • by CorSci81 ( 1007499 ) on Tuesday July 03, 2007 @08:53PM (#19738253) Journal
    Wrong Pasadena, I know, but... still.
  • by SRA8 ( 859587 ) on Tuesday July 03, 2007 @09:01PM (#19738333)
    ...when they are working for the good guys. Nice to see that the RIAA is finally being challenged, not on the slashdot message boards amongst the powerless, but in the courts amongst the layers.
    • by CorSci81 ( 1007499 ) on Tuesday July 03, 2007 @09:07PM (#19738381) Journal

      courts amongst the layers
      Layers? Of cake? And do they have creamy filling?
    • by EmbeddedJanitor ( 597831 ) on Tuesday July 03, 2007 @09:15PM (#19738437)
      I'd rather have no lawyers than try figure out which are the black hat and white hat laywers.
      • Re:Not really (Score:5, Insightful)

        by rgmoore ( 133276 ) <glandauer@charter.net> on Tuesday July 03, 2007 @10:02PM (#19738795) Homepage

        Lawyers aren't the real problem, and getting rid of them isn't a solution. The underlying problem is that some people are anti-social jerks who have discovered that they can get their way by bullying others. Under our current system, the jerks hire lawyers to do their bullying for them. If you eliminate the lawyers, the jerks will just find a new set of bullies to do their dirty work.

        The real solution is to give ordinary, decent people a way of striking back when the bullies get on their case. Counter-suits, like the one mentioned in this article, are a good way of doing that. If everyone who was wrongly accused by the RIAA decided to launch a nasty counter-suit rather than caving in, the litigation strategy would grind to a halt- or at least focus on the worst, most obvious real offenders rather than people chosen at random.

        • Re:Not really (Score:3, Interesting)

          by G-funk ( 22712 ) <josh@gfunk007.com> on Tuesday July 03, 2007 @11:12PM (#19739311) Homepage Journal
          The problem isn't the RIAA going around sueing innocent people (well not the big problem), the problem is corporate interests buying never-ending copyright and increasingly stricter punishments for doing anything that might possibly be used to violate said purchased perpetual copyright. The question becomes, what the bejesus can those of us who care (the nerdy minority) do?
          • Re:Not really (Score:4, Insightful)

            by advocate_one ( 662832 ) on Wednesday July 04, 2007 @07:18AM (#19741901)
            your signature is backwards...

            should read:


            "My right to walk the streets unmolested by the police outweighs your right not to get blown up."

      • Re:Not really (Score:3, Insightful)

        by Opportunist ( 166417 ) on Wednesday July 04, 2007 @04:16AM (#19741029)
        Lawyers are like guns. They're not good or evil by themselves, whether they are depends on how you use them. Just because most use them for evil doesn't mean that the lawyers themselves are.

        Sure, there are the crooks that jump in joy every time they found a loophole in a law so they can milk some unsuspecting victim and basically collect protection money, due to his victim not understanding the law. They're basically the legal (as in "law world" not as in "allowed") equivalent of malware writers. Using the lack of knowledge on their victim's side for their benefit.

        The other ones, the "antivirus lawyers" do exist. They're fewer, as the general drive to become one seems to stem from the urge to get more money rather than actually helping people with their legal needs, but they do exist.
    • by Anonymous Coward on Tuesday July 03, 2007 @09:35PM (#19738611)
      when they're supplying your side.

      But of course they're supplying the other side as well, and making a profit from all conflict.

      The US is in the crappy state it's in because of lawyers. The fact that that granny's lawyer happens to be fighting an evil cartel of blood-sucking music industry parasites sounds nice, but it's just business as usual for a profession predicated on causing misery so that they can defend against it.
      • by isaac ( 2852 ) on Tuesday July 03, 2007 @10:23PM (#19738969)

        The US is in the crappy state it's in because of lawyers.


        That seems dubious to me. If this were Somalia or Russia, there'd be no lawyers involved because granny would have been gunned down on the sidewalk.

        The legal system might too often be a tool of oppression against the powerless, but it sure beats the other kind of oppression. You know, the kind with bullets.

        -Isaac

        • by timmarhy ( 659436 ) on Tuesday July 03, 2007 @11:19PM (#19739351)
          thats rubbish. america wasn't anything like russia or somalia 50 years ago and it didn't have so much insane litigation either. your just pointing out extreme's, it doesn't mean we should be putting up with this ligigation happy bullshit.
        • by Opportunist ( 166417 ) on Wednesday July 04, 2007 @04:28AM (#19741083)
          Well, the examples you cite don't lack lawyers, they lack laws. Or rather, they lack people caring about the laws. Because the laws that exist are not for, but against the people.

          And basically, to turn your argument back at you, this can and possibly will happen to the US as well if more and more laws made against instead of for the people enter the legal system. Sooner or later people will not be able anymore to see laws as rules made to protect them. They see them as oppressive tools used against them. And that in turn is a surefire way to make people not care about them.

          A legal system that isn't enforced by dictatorship means requires the backing of the people. The legal system in democracies relies on the majority of people wanting to uphold the law. It relies on people understanding and supporting the laws and that the restrictions these laws imply (and yes, not being allowed to club my neighbour for his new stereo is a restriction) are for their benefit (because my neighbour can't either to get my new PC).

          If this system gets crooked, because you, the common man, don't get protection from the law but only restrictions (some countries of the former Soviet block come to mind), people stop caring about the laws and start wondering how they can circumvent them with the least chance of getting caught. Not in small scales (hey, there's criminals everywhere), but in everyday life.
  • Every other day (Score:5, Interesting)

    by dunezone ( 899268 ) on Tuesday July 03, 2007 @09:01PM (#19738343) Journal
    It seems like every other day we either find out that the RIAA used some illegal practice or lost a case against a so called music pirate though they keep dishing out lawsuits. The RIAA train has derailed but it doesn't seem to be slowing any time soon.
    • Re:Every other day (Score:2, Insightful)

      by Anonymous Coward on Tuesday July 03, 2007 @09:11PM (#19738421)
      No, every other day we hear of some crackpot motion to dismiss or lawsuits under RICO etc. which have approximatly zero chance of success. If slashdot only reported on actual rulings, there'd be a lot less. Like that case that's been up at least half a dozen time where they started suing the mother, found out it was the daughter, went on to sue her and finally dropped the charges against the mother. Reported like a huge win on slashdot, when it did pretty much nothing good for the family. I think they were forced to pay some of the mother's court cost but they probablz took it out of her daughter's hide. Yeah, great win...
      • Re:Every other day (Score:3, Insightful)

        by waferthinmint ( 1051350 ) on Tuesday July 03, 2007 @09:39PM (#19738641)
        I would be interested in seeing the stats you are describing. Is there a site you can link where they are compiled? You are correct in pointing out the flawed nature of only going by the anecdotal evidence. I just wish you hadn't dumbed down your message with your pissy attitude and tone -- it makes it more likely that your thoughts will get lost in the noise.
    • Re:Every other day (Score:3, Insightful)

      by rgmoore ( 133276 ) <glandauer@charter.net> on Tuesday July 03, 2007 @10:12PM (#19738881) Homepage

      It seems like every other day we either find out that the RIAA used some illegal practice or lost a case against a so called music pirate though they keep dishing out lawsuits. The RIAA train has derailed but it doesn't seem to be slowing any time soon.

      You only hear about the people striking back because they're the rare counter-example. You don't hear about the thousands and thousands of people who settle to get the lawyers off their backs.

      The RIAA train hasn't derailed. The function of the lawsuits isn't to make money. The goal is to scare people away from file sharing and back into the music store, either bricks and mortar or online. As long as the lawsuits stop the bleeding from file sharing, they only have to break even, or just avoid losing too much money, to serve the real goals of the RIAA.

      • Re:Every other day (Score:3, Insightful)

        by MacWiz ( 665750 ) <.moc.liamg. .ta. .45nameizg.> on Tuesday July 03, 2007 @11:46PM (#19739557) Journal
        The RIAA train hasn't derailed.

        Really? Did they take someone to trial and win today?

        The function of the lawsuits isn't to make money. The goal is to scare people away from file sharing and back into the music store, either bricks and mortar or online.

        They're doing a bang-up job there, too. Tower Records says "Thanks" for the extra traffic.
      • by Thing 1 ( 178996 ) on Wednesday July 04, 2007 @12:05AM (#19739677) Journal

        The goal is to scare people away from file sharing [...]

        Well, they convinced me: I have purchased enough CDs over the years to listen for months without hearing a repeat. Nowadays the only CDs I purchase are from local acts, to help support them. Plus, it's nice to talk to the artist and be appreciated, rather than "another face in the crowd of 50,000" at a stadium as they're whisked away by their security.

        What's amusing is that Metallica was Napster's biggest "advertiser" back in the mid-90s.

        Perhaps I'm just old, and music isn't as important as other things in life.

        • Re:Every other day (Score:3, Insightful)

          by Opportunist ( 166417 ) on Wednesday July 04, 2007 @04:37AM (#19741117)
          Well, I guess I must be aging too.

          When I was "young" (read: under 25), music was my love. Well, besides computers. I have a few hundred CDs. But for almost 10 years now, I didn't buy a single one. Maybe I'm getting old, or maybe I just can't stomach the cover versions of "my" songs, dunno.

          Back then, there also wasn't much that competed with CDs for my money. Fashion would've been the only other thing to waste money on, and I've never been the fashion geek. So all my spending money went into music.

          Today, a lot more businesses want our kids' money. Cellphones, consoles, trading card games and a few more compete for that money. So kids cut down in spending. And, well, they cut down where it's easiest. You can't copy TCG cards, you can't hack the phone company to lower your cell bill, so...
  • Good, but... (Score:5, Insightful)

    by adona1 ( 1078711 ) on Tuesday July 03, 2007 @09:07PM (#19738387)
    I'm happy for the RIAA to get anything and everything that's coming to them, but I don't think it will change their litigation-happy behaviour at all. The problem is that the RIAA is just a faceless body representing the big labels, and until people start bitching about Sony, Universal Music, EMI etc, then what does the RIAA care if people hate them? They're not selling the products, they exist solely as a trade group [wikipedia.org], and if they take all the flak that rightfully belongs to the labels, they'll still do it.

    It's the puppeteers, not the puppet, that needs to be demonized.
    • by Aussie ( 10167 ) on Tuesday July 03, 2007 @09:22PM (#19738515) Journal
      The record companies are Pierson's Puppeteers [wikipedia.org] ?
      Well that explains a lot.
    • Re:Good, but... (Score:3, Interesting)

      by phorm ( 591458 ) on Tuesday July 03, 2007 @10:14PM (#19738905) Journal
      They will if the courts start costing them big-time money (more than they do already). OK, so they're getting $3000 settlements. How much are they paying their pack of lawyers per hour? I bet it's a lot, so even the profit from that might be small.

      Start having a bunch of people hitting back. Lawyers in court == more lost money. Start having them losing cases for big money == more lost money. Start having the courts perhaps decide that they lose the rights to press suites in regards to the material they're sueing for (some have indicated that it's possible).
    • Re:Good, but... (Score:4, Informative)

      by Courageous ( 228506 ) on Tuesday July 03, 2007 @10:34PM (#19739085)
      I'm happy for the RIAA to get anything and everything that's coming to them, but I don't think it will change their litigation-happy behaviour at all.

      Depends on the findings. There was a case that came up just recently where the RIAA is being accused of both federal and state RICO charges as well as quite a number of other things. While this is only a civil case, these are criminal charges. If the findings go to the plaintiff on some of the more serious charges, and were the RIAA not to reform itself, the remedies in a follow-on case from any other party could be quite severe indeed.

      C//
    • by BillGatesLoveChild ( 1046184 ) on Tuesday July 03, 2007 @11:33PM (#19739467) Journal
      Amen!!!!! Imagine one week if Sony sold absolutely nothing across the whole US. Ouch! They'd freak out, and Howard Stringer's head would be served to shareholders on a platter. Hey, you don't even need to boycott them all. Pick them off one by one. Causes division in the ranks: While one suffers the others shrug.

      In the past consumer boycotts have rarely if ever worked, because most consumers either don't know or don't care, or think what's the use. So form a message and target it. Spread it on Myspace and Youtube: The sort of people where those that buy SONY guy congregate. Reach out. Let them know why to hate the RIAA, no, call them by their real names Sony, Universal Music, EMI etc. Better yet, list the artists since most kids won't know which artist _belongs_ to which record company. Sure some won't go along with it, but so long as SONY see dropping sales, the message will get across.

      To the SONY web watcher reading this: eat me
    • by UncleTogie ( 1004853 ) * on Wednesday July 04, 2007 @01:45AM (#19740265) Homepage Journal

      It's the puppeteers, not the puppet, that needs to be demonized.

      I'm betting that most people reading this thread know exactly which companies are responsible. As I work in a local PC shop, I get a chance to steer lots of people clear of all sorts of Sony products, and tell them who else is going after people {Warner is another good target.} The best thing we all can do is inform everyone around us, non-technical types [especially] included.
    • by suv4x4 ( 956391 ) on Wednesday July 04, 2007 @06:53AM (#19741775)
      The problem is that the RIAA is just a faceless body representing the big labels, and until people start bitching about Sony, Universal Music, EMI etc, then what does the RIAA care if people hate them?

      Can I ask everybody to stop repeating this without thinking. RIAA means Record Industry Association. It represents the entire industry, and hurts the collective image of labels as a whole, even non-RIAA ones.

      If people really decide to boycott labels, they'd go against any label, and probably go for independent artists. Thing is, such boycott conspiracy is almost impossible, since too many people will want to just buy the latest smash single of *some-star-of-the-day* the industry produced.
    • Re:Good, but... (Score:4, Informative)

      The problem is that the RIAA is just a faceless body representing the big labels, and until people start bitching about Sony, Universal Music, EMI etc, then what does the RIAA care if people hate them?
      In the context of these lawsuits, "RIAA" is just a synonym for the Big 4 record companies and their affiliated labels. Not every member of the RIAA is involved in this thing. It's just the Big 4 cartel. So if you boycott the major labels you're on track. Anyone who wants to look at any particular article, look up the names of the plaintiffs in that case, and put in a post listing them, will be doing a public service.

      But when I say "RIAA" I'm talking about the 4 major record companies and their labels.
  • by swschrad ( 312009 ) on Tuesday July 03, 2007 @09:26PM (#19738547) Homepage Journal
    heh, don't send airhead PIs to mess with a little old lady who got through a level-5 hurricane. they're out of their league.
    • by karnal ( 22275 ) on Tuesday July 03, 2007 @09:34PM (#19738597)

      heh, don't send airhead PIs to mess with a little old lady who got through a level-5 hurricane. they're out of their league.
      I don't get it - is that some sort of comparison of strength or something in an RPG? Level-5 hurricane survivor FTW?
      • Re:you GO, girl! (Score:2, Informative)

        by martin_henry ( 1032656 ) on Tuesday July 03, 2007 @10:27PM (#19739021)
        The Saffir-Simpson Hurricane Scale:
        http://www.nhc.noaa.gov/aboutsshs.shtml [noaa.gov]


        first result on google, dude! it's not like filing a legal counterclaim or anything :P

      • Re:you GO, girl! (Score:3, Interesting)

        by Jaysyn ( 203771 ) on Tuesday July 03, 2007 @11:28PM (#19739419) Homepage Journal
        FirstGov.gov is the U.S. Government's official Web portal to all Federal, state and local government Web resources and services.

        The Saffir-Simpson Hurricane Scale

        The Saffir-Simpson Hurricane Scale is a 1-5 rating based on the hurricane's present intensity. This is used to give an estimate of the potential property damage and flooding expected along the coast from a hurricane landfall. Wind speed is the determining factor in the scale, as storm surge values are highly dependent on the slope of the continental shelf and the shape of the coastline, in the landfall region. Note that all winds are using the U.S. 1-minute average.

        Category One Hurricane:
        Winds 74-95 mph (64-82 kt or 119-153 km/hr). Storm surge generally 4-5 ft above normal. No real damage to building structures. Damage primarily to unanchored mobile homes, shrubbery, and trees. Some damage to poorly constructed signs. Also, some coastal road flooding and minor pier damage. Hurricane Lili of 2002 made landfall on the Louisiana coast as a Category One hurricane. Hurricane Gaston of 2004 was a Category One hurricane that made landfall along the central South Carolina coast.

        Category Two Hurricane:
        Winds 96-110 mph (83-95 kt or 154-177 km/hr). Storm surge generally 6-8 feet above normal. Some roofing material, door, and window damage of buildings. Considerable damage to shrubbery and trees with some trees blown down. Considerable damage to mobile homes, poorly constructed signs, and piers. Coastal and low-lying escape routes flood 2-4 hours before arrival of the hurricane center. Small craft in unprotected anchorages break moorings. Hurricane Frances of 2004 made landfall over the southern end of Hutchinson Island, Florida as a Category Two hurricane. Hurricane Isabel of 2003 made landfall near Drum Inlet on the Outer Banks of North Carolina as a Category 2 hurricane.

        Category Three Hurricane:
        Winds 111-130 mph (96-113 kt or 178-209 km/hr). Storm surge generally 9-12 ft above normal. Some structural damage to small residences and utility buildings with a minor amount of curtainwall failures. Damage to shrubbery and trees with foliage blown off trees and large trees blown down. Mobile homes and poorly constructed signs are destroyed. Low-lying escape routes are cut by rising water 3-5 hours before arrival of the center of the hurricane. Flooding near the coast destroys smaller structures with larger structures damaged by battering from floating debris. Terrain continuously lower than 5 ft above mean sea level may be flooded inland 8 miles (13 km) or more. Evacuation of low-lying residences with several blocks of the shoreline may be required. Hurricanes Jeanne and Ivan of 2004 were Category Three hurricanes when they made landfall in Florida and in Alabama, respectively.

        Category Four Hurricane:
        Winds 131-155 mph (114-135 kt or 210-249 km/hr). Storm surge generally 13-18 ft above normal. More extensive curtainwall failures with some complete roof structure failures on small residences. Shrubs, trees, and all signs are blown down. Complete destruction of mobile homes. Extensive damage to doors and windows. Low-lying escape routes may be cut by rising water 3-5 hours before arrival of the center of the hurricane. Major damage to lower floors of structures near the shore. Terrain lower than 10 ft above sea level may be flooded requiring massive evacuation of residential areas as far inland as 6 miles (10 km). Hurricane Charley of 2004 was a Category Four hurricane made landfall in Charlotte County, Florida with winds of 150 mph. Hurricane Dennis (pdf) of 2005 struck the island of Cuba as a Category Four hurricane.
        From NOAA.gov

        Category Five Hurricane:
        Winds greater than 155 mph (135 kt or 249 km/hr). Storm surge generally greater than 18 ft above normal. Complete roof failure on many residences and industrial buildings. Some complete building failures with
  • by yotto ( 590067 ) on Tuesday July 03, 2007 @09:33PM (#19738591) Homepage
    RIAA et al have learned a valuable lesson here.

    In Texas, old ladies SUE YOU!
  • Licensing (Score:4, Insightful)

    by Bios_Hakr ( 68586 ) <xptical AT gmail DOT com> on Tuesday July 03, 2007 @09:34PM (#19738601)
    Look, I'm all for the RIAA burning in hell. But I really hate the idea of having to use a "licensed" investigator. The following *is not* to be taken for a RIAA analogy:

    Let's say your laptop is stolen. Let's say you had a program that reported IP addresses. Someone buys your laptop from the thief for a stupid low price and hooks it up. It reports their IP. You turn the evidence over to a cop who goes to get your laptop.

    1. You were not licensed to be an investigator.
    2. The program author was also not licensed.
    3. The cop obtained evidence from you.

    The person who bought stolen property cannot be charged with a crime. All because you didn't have a "license".

    Instead, the law requiring a license should be replaced with a "suspects' bill of rights". Anyone can investigate, but if his/her rights are violated, then the evidence becomes poisoned fruit.
    • by Embedded2004 ( 789698 ) on Tuesday July 03, 2007 @09:39PM (#19738639)
      "The person who bought stolen property cannot be charged with a crime. All because you didn't have a "license"" Wait what? Are you saying if you buy something on ebay and it turns out it was stolen you should be the one charged? How can you possibly know whether something on ebay is stolen or not?
    • by QuantumG ( 50515 ) <qg@biodome.org> on Tuesday July 03, 2007 @09:39PM (#19738643) Homepage Journal
      You didn't hire anyone to do the investigation for you.. you did it yourself.. therefore these laws clearly don't apply.

    • Re:Licensing (Score:4, Insightful)

      by Fooker ( 656693 ) on Tuesday July 03, 2007 @09:41PM (#19738665)
      Actually, that person can be charged with a crime, receiving stolen property. That whole investigating thing has to with if you were paid or not. You are not being paid to find your own stolen property. The RIAA paid another company to investigate for them. The key word is "company". IE a for profit organization. Thats where the whole "unlicensed investigators" thing comes in.
    • by Tuoqui ( 1091447 ) on Tuesday July 03, 2007 @09:46PM (#19738703) Journal
      1) You are the victim, therefore any and all information you have at your disposal would not require a license to turn over to police.

      2) Debatable, you could argue it is the same as putting an alarm or GPS on your car. It is a theft deterrant and/or retrieval device.

      3) That's what cops do, they get info from the victim to find the criminal and presumably put them behind bars or make them pay.
    • by Svartalf ( 2997 ) on Tuesday July 03, 2007 @09:52PM (#19738741) Homepage
      YOU yourself can do this sort of thing, legally, even in Texas.

      What isn't legit is hiring someone without a proper license to do this professionally
      on your behalf. The same thing goes for providing security services of any kind (incl.
      cybersecurity...)- YOU can do it for yourself, but if you hire someone, you need to hire
      someone with a license or operating the umbrella of one to make it legit if something
      goes wrong.

      Where your analogy falls apart is that you make the assumption that a consultant doing
      the work is analogous to your doing the same work. It's not as far as the civil and
      criminal laws are concerned. Since the RIAA or the Labels themselves did not have direct
      hire employees doing this work, it's not the same thing as what you present- they hired
      a an outside professional (or group thereof) that didn't have a Federal
      license for the work being done or a Texas state PI's license. This makes it all subject
      to litigation like what's now happening to them.
    • Civil vs. Criminal (Score:5, Insightful)

      by Ungrounded Lightning ( 62228 ) on Tuesday July 03, 2007 @09:54PM (#19738755) Journal
      Let's say your laptop is stolen. Let's say you had a program that reported IP addresses. Someone buys your laptop from the thief for a stupid low price and hooks it up. It reports their IP. You turn the evidence over to a cop who goes to get your laptop.

      In addition to the objections others have pointed out, the situations are not analogous. Stealing your laptop is a criminal offense. Despite their propaganda, unlicensed copying of a RIAA member organization's content is a civil matter AND not theft.
      • by Jah-Wren Ryel ( 80510 ) on Wednesday July 04, 2007 @02:29AM (#19740491)

        Despite their propaganda, unlicensed copying of a RIAA member organization's content is a civil matter AND not theft.
        I dunno about the RIAA's content (music) but absconding with the MPAA's content (movies) can, in some cases, be a criminal action.

        PS, how do you like that "absconding" eh? Totally blurs the line between "theft" and "copyright infringement" pretty clever for a PUI - posting under the influence, eh?

        Or maybe not, considering how drunks think they are soooo clever when they really aren't.
        Damn!
    • by falsified ( 638041 ) on Tuesday July 03, 2007 @10:26PM (#19738999)
      You wouldn't be doing the work of a private investigator though. I think you're confusing "being a private investigator" and "finding stuff out".
  • by flyingfsck ( 986395 ) on Tuesday July 03, 2007 @10:23PM (#19738967)
    only old people do music file sharing...
  • by Nom du Keyboard ( 633989 ) on Tuesday July 03, 2007 @11:35PM (#19739483)
    Ray,

    To paraphrase a phrase I once heard, I'd say about you:

    He mined the power of Slashdot.

  • by ridgecritter ( 934252 ) on Wednesday July 04, 2007 @12:36AM (#19739903)
    against the members of RIAA? Are the members of RIAA shielded from any responsibility for actions the organization takes, presumably in their interests? Do the members have a sufficient quantum of control over RIAA (either explicit in the membership agreement, or de facto) that they could be sued for its activities? Sort of analogous to "piercing the corporate veil" and going after a corporation's owners, which can be done in limited circumstances? As long as the RIAA members can live comfortably above the fray, absolutely nothing will change. If they can be reached, even just to be served and brought to court, with some non-zero probability of losing a large judgment against them, it would help put the brakes on this out of control train.
  • Don't Mess With (Score:5, Interesting)

    by DynaSoar ( 714234 ) on Wednesday July 04, 2007 @01:34AM (#19740223) Journal
    Grannies From Texas. I know, I'm married to one.

    > [T]he private investigations company hired by plaintiffs engaged in one or more overt acts of unlawful private investigation... Such actions constitute civil conspiracy under Texas common law.

    Just so. Also, as noted in the p2p article their actions "amount to extortion". If someone says "If you do/do not do X, then I will/will not do Y", that's extortion. When it's done across state lines, it's a federal offense, and none of the plaintiffs are Texas corporations.

    I'm looking forward to the day someone manages to get charges filed rather than just filing suit, and someone from the MafIAA gets arrested. My money's on a state's attorney general doing it, and Texas is a very likely place for that to happen. In any case, KICK ASS, GRANNY!

    • by aralin ( 107264 ) on Wednesday July 04, 2007 @03:41AM (#19740877)
      Don't Mess With Grannies From Texas

      I have learned this lesson by proxy. Anytime I met someone young gentleman from Texas, he was unfailingly polite. First I was saying, that it must be all the guns everyone is carrying around, but they do that in New Hampshire too and they are some mean sons of witches there. So if its not the guns, it must be the Grannies!

  • by Alchemar ( 720449 ) on Wednesday July 04, 2007 @10:17AM (#19743317)
    She has not won anything. This lady is from East Texas. Most patent leeches do everyting they can to file in East Texas because it is almost certain that the judge will rule in their favor. I have no doubt that the case is already biased against her, and if she loses the RIAA will use it as precident for other cases

    The first time I had to go to court in Texas, was when I was in a minor car accident. I got a bill from the other person for $4093.27 in damage to the vehicle. When I showed them the police report that said their was no vehicle damage, I got a bill for $4093.27 for medical bills for a named individual, when I showed them that the named person was not listed on the accident report I got a bill for $4093.27 to cover the medical bill of the driver.

    When I went to court I showed the judge the 3 bills, the accident report, and said that I thought the charges were bogus. The judge told the plantiffs attorney that he didn't know the law in this situation, and asked her what he should do. The attorney for the plantiff said that I wasn't allowed to question the bill, that I couldn't review the actual medical bill because it was private information. So he had no choice but to rule in their favor.

    My first mistake was thinking that I didn't need a defense lawyer for something that was so obvious. My second mistake was assuming that a Texas judge knew what a clue was, yet alone find it. The judge pulled my drivers license for 2 years for not paying the bill before it got to court. I had no prior record before this. Because the "only" reason that someone loses their license in Texas is a DWI, they filed the suspension on the same paperwork as a DWI. I had to get a notorized letter from the court explaining that I did not have a DWI on my record in order to look for a job for the next 10 years. They would all run background checks and pass me over. I had one headhunter tell me that he couldn't take me because of the DWI conviction or I would have never known why I wasn't getting hired.

    The person before me had 4 prior DWIs and was there for his 5th, he got deferred adjudication with 2 months probation, and got to keep his license.

    Texas justice is not going to save us from the RIAA. If this was any other place, we might have had a chance.

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