RIAA Backs Down On "Unlicensed Investigator" 191
NewYorkCountryLawyer writes "Texas grandmother Rhonda Crain got the RIAA to drop its monetary claims against her after she filed counterclaims against the record companies for using an investigator, MediaSentry, which is not licensed to conduct investigations in the State of Texas. The RIAA elected to drop its claims rather than wait for the Judge to decide the validity of Ms. Crain's charges (PDF) that the plaintiff record companies were 'aware that the... private investigations company was unlicensed to conduct investigations in the State of Texas specifically, and in other states as well... 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.' Similar questions about MediaSentry's unlicensed investigations were raised recently by the State Attorney General of Oregon in Arista v. Does 1-17"
Is she going to sue MediaSentry? (Score:5, Interesting)
Re:Is she going to sue MediaSentry? (Score:5, Interesting)
Heck, I'd Paypal a few bucks over to see how this turns out. I figure another ten thousand people are with me. If we all chip in $20, that'd be enough to get this ball rolling.
They should have dropped the suit entirely (Score:5, Interesting)
Go Grandma! Go!
What's the significance of a license (Score:3, Interesting)
Not surprising (Score:5, Interesting)
Re:Is she going to sue MediaSentry? (Score:2, Interesting)
I mean, it sounds like it's like if you decided to sue someone, and they said "You know what, I'll just drop everything because I don't want the judge to pass a verdict." However, I thought the Defendant couldn't drop the suit, the Plaintiff who brought the suit, is the only one who could drop it???
well (Score:1, Interesting)
Not only emotion... (Score:5, Interesting)
Part of this is to show the sheer innaccuracy of the RIAA lawsuits in the first place.
I'm making a list. To my knowledge, they've sued:
There's probably more, but I haven't been paying attention.
If the facts are so firmly on the defendants' sides, why not appeal to emotion?
Just understand, pointing out the people involved -- especially when those people are unlikely to be capable of piracy, much less want to -- is not always an appeal to emotion. Sometimes, it's simply an appeal to common sense -- which is why you will occasionally see articles tagged "suddenbreakoutofcommonsense", for when the RIAA/MPAA is losing.
Just wait: (Score:2, Interesting)
FBI would investigate copyright violations, or possible a new federal copyright cop squad.
Your tax dollars at work....
There's a sting about to happen (Score:5, Interesting)
I have a job, but I'm "on a certain list" so these kinds of job offers come across my desk.
It's not good, and it's not pretty. Someone with Serious Pockets is looking to screw a Lot Of People over copyright re: file trading.
It's all coming out of the "heartland USA". I moved out of the states a while ago. But "people know me" so I get rumblings/job offers before others do. If this investigation goes down as it seems, it will be ugly.
For whom? Well teh music industry of course. They're a bunch of fucking morons with a business model that bears no resemblance to what the market is requiring. So rather than grow a lobe for profit (vis the Ferengi) they would rather do the American Thing and sue everyone into the dirt. Morons.
So: word up: the morons are on the march...
RS
Re:Why try so hard to appeal to emotion? (Score:5, Interesting)
Raise your hands.
I don't see any hands.
No one bothered by the need for a license?.. (Score:2, Interesting)
I've also done "several" investigations of the spammers — using tools like whois and nslookup. I was not licensed to perform the investigations — in any state.
According to this grandma's counter-suit and — more importantly — to all the kudos she got from the Slashdot crowd, all of those spammers should have a good case against me...
I may understand (and even accept) the desire to keep tabs on gun-wielding private detectives like Dr. Watson or "Maltese Falcon"'s main character, but MediaSentry, no doubt, has never even set foot in Texas, all their "investigations" being limited to the Internet. Twisting the law in this fashion should be troubling... But hey, it is RIAA, so whoever sticks whatever up theirs is our hero...
Re:Is she going to sue MediaSentry? (Score:2, Interesting)
Re:This is not a good thing (Score:3, Interesting)
What they didn't want is for their suit to be thrown out with the Kitchen sink because of their reliance on information provided by unlicensed investigators. If that happens, they lose anybody in the state who is looking to settle anytime soon.
As it stands, it will take some time before another defendant even has the chance to bring this subject to light again and when they do, the RIAA will have had a much longer time to come up with a good argument for the judge - or even perhaps engineer the argument to be presented to a judge who would be receptive to their arguments.
They bought time. The grandma closed the door on the case. We'll see what happens with the next guy.