Lawsuit Against RIAA Tries To Stop Them All 154
I Don't Believe in Imaginary Property writes "Tanya Anderson has filed an amended complaint against the RIAA. One of the more interesting provisions in it is in the 18th claim, which seeks to stop the RIAA from 'continuing to engage in criminal investigation of private American citizens', no doubt referring to the unlicensed MediaSentry investigations. If granted, that could shut down the RIAA lawsuits entirely. Naturally, the RIAA doesn't like this at all. First, they got the judge to agree that the original complaint was too light on the details, so it was amended. Now the RIAA complains that it's too long, because it's 108 pages filled with the RIAA's dirty laundry. You may remember this as the countersuit to the lawsuit where RIAA lawyers tried to grill a 10-year-old girl, only later to drop their case for lack of evidence and have the mother sue them for malicious prosecution."
Tubes (Score:5, Insightful)
Re:Tubes (Score:5, Insightful)
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Re:Tubes (Score:4, Informative)
I don't get it... (Score:3, Funny)
For that matter...where are any April Fools articles?? I hope they're still gonna do them....
Re:I don't get it... (Score:5, Funny)
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I tried. Sorry.
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And for those of you who have google.com/ig as your homepage (and thus initially missed it) there is a much more elaborate one on the standard google.com [google.com]
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Re:Tubes (Score:4, Insightful)
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I have come across several of them so far.
http://news.slashdot.org/tags/aprilfools [slashdot.org]
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With the exception of Ray Tracing To Debut in DirectX 11 [slashdot.org], all the stories listed there are from 2007.
Unless you're saying that they posted them a year early, as an elaborate hoax. ;) Hover the links with your mouse and look at the URLs on your browser's status bar (or turn it on with View -> Show Status Bar, if you're using Safari with default settings).
Re:Tubes (Score:4, Funny)
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It does give all the normal articles a penumbra of dread, at least.
Like an anti-April Fools April Fools.
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That's the kind of greedy shortsightedness that gets businesses into this sort of mess. Businesses are, and should be, interested in making money. However, maximizing profits over the long haul is often a very different game over maximizing them Right Now.
In the RIAA's case, it's not that they want to produce the least music for the most profit, because if that were truly the case they would f
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Hookers and blow.
Seriously, how much cocaine do you think Warren Buffet has done in his lifetime vs how much coke goes up the nose of the average music exec? Find anyone in a position of power that has done a lot of cocaine, and they will always have a disconnect from reality in which they always believe they are just and right in their ambitions, regardless of the facts presented to them.
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What's that? Coka Cola? That's not the same as...
Oh.
Nevermind.
Bitch.
Re:Hookers and Blow (Score:2)
So you've read W's diary.
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RDS [wikipedia.org] in the EU defines twenty nine programs for broadcast.
vTuner [vtuner.com] - built into Denon's high end HT receivers - organizes 11,000 internet radio stations into about fifty categories of music and talk.
The odds that the geek will have anything meaningful to about music outside the bare handful of genres that appeal to him personally is negligible.
Re:Tubes (Score:5, Insightful)
...
Oh wait...
That's iTunes...
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They do not want change - that would result in losing control of distribution and lose control of the market.
They've already lost control of distribution, and are losing the market due to asinine lawsuits. I, for one, refuse to buy anything Sony-branded, from CDs to computers... and my clients hear all about the reasoning as to why. Quite a few have switched from the VAIO brand because of this. Remember, folks, the quicker we get Joe Six-Pack in on this, the faster it'll happen...
The RIAA dumped The Tubes a long time ago (Score:2)
Doubt that's even possible. (Score:5, Interesting)
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Oh, BTW, the boys over here tell me you've been found to be abusing your First Amendment priveleges. Guards: Arrest this man for treason!
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Convicted Fellons have had many of their rights revoked and they still are allowed to use/abuse the legal system, But for them it comes to a boy who cries wolf then they may lose that additional right.
But for even gready and evil orginizations who technically ha
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Re:Doubt that's even possible. (Score:5, Informative)
It's called Vexatious Litigation [wikipedia.org]
Re:Doubt that's even possible. (Score:5, Informative)
Thing is, some of the cases the RIAA has filed do have legal basis (these are the ones you don't hear about in the media and are settled out of court quickly), and while some of the most egregious examples might approach might approach vexatious litigation, I doubt you'll find a judge to agree that all of them do.
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Not a chance (Score:2)
The worst (best for us) I see happening for the RIAA is they are ordered to change tactics: their investigators must be licensed, the collection centers shut down or tactics changed, no more dropped John Doe suits, and they must have prima facie
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The post I responded to said that he thought there was a mechanism for which a party could be sanctioned for abuse of the legal system, and I confirmed that there was.
I do not think it would be difficult to find a judge that things that the RIAA's tactic of "Sue silly, drop case when it starts looking bad to avoid setting a precedent" over and over again might be toeing the line of VL, though.
Then, of course, I remember the judge who orde
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The RIAA generally drops the lawsuit after discovery shows that they never had a case.
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The RIAA generally drops the lawsuit after discovery shows that they never had a case.
Out of court settlements (Score:2)
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Foghorn Leghorn, is that you boy?
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Just to help you think about it --- corporations are nothing more than groups of individual citizens. A group of citizens has as much Constitutionally-granted rights and freedoms as an individual citizen.
I stand corrected, but only mostly :) A bit of digging turned up Ohralik V. Ohio [justia.com], which did essentially find that while corporations are protected, they are not afforded the same level of protection as citizens.
I really hope she wins this (Score:1)
While it's a good thing to stop the harrassment of 10 year old girls, not all defendents are snow white lambs. The vast majority have most likely infringed copyright by uploading content to P2P networks. This type of behavior doesn't fall on the legal side of the line.
Re:I really hope she wins this (Score:5, Insightful)
Tell me again why this doesn't affect you. The *AA have shown again and again that the facts of the case really don't matter -- espescially when it comes to the method they use for identifying litigants, IP addresses. If your ISP has floating IP addresses, then this could easily become your problem.
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>> of most ISPs, IP addresses are dynamic and do not stay fixed on a particular PC;
>> I'm sure even the most basic of ISP logs would clearly show this.
And yet, the *AA have attempted to show that this doesn't matter at countless colleges and universities by forcing the burden of proof upon these institutions. "We know you have a thief among you, find them for us" is not how a case should be built.
>> th
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Re:I really hope she wins this (Score:5, Insightful)
Several studies have shown that if "everyone" stole music, then CD sales would escalate higher than ever. I know that sounds strange, but here's how it works:
- A person downloads songs for free.
- He/she likes the songs.
- He/she buys several CDs of that same artist, because they enjoy his or her work.
- The result is a several sales that would not have occured otherwise.
BEFORE: The person bought $0.00 worth of CDs.
NOW: The person bought $30-40 worth of CDs.
NET IMPACT: More money for the company and the artist. Stealing music helps sell more product by introducing people to new artists they had never heard before.
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"Stealing" is incorrect (Score:2)
You do not own the text of the book you write. It is not your property. It is knowledge, it cannot be property. In this country there is no natural right, no ownership at the moment of creation, of such works -- they belong to everyone by default.
However, to encourage people to create such works, the Constitution authorized the granting of a limited monopoly right to them. They belong to the public, but for a limited time (was 14 years) you have certain rights to those works th
Stop sniffing glue and put down the crack-pipe! (Score:3, Interesting)
Mr King's amount and intensity of labor is the same to write the book whether I download his book or buy it in Wal-mart.
Now if I download it, I may have infringed on someones copyright, but I have not stolen anything.
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First of all, where's your citation for this? I suspect you have none; you just made it up. Invented statistics have no validity.
Second, I USED to be one of those you describe (getting music for free) although in my day we called them "mix tapes" rather than downloads, but it's still the same thing. And there was a very good reason why I stol
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I'm not even sure why you question the validity of these studies. "Loss leaders" have been a long-used and very effective way to promote business. That's essentially what P2P/downloading is. I've read numerous reports from 1960s/70s singers who had back catalogs with n
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I also paid for Saul William's latest album [niggytardust.com] after downloading his earlier w
Re:I really hope she wins this (Score:4, Informative)
Not the OP, however: I understand the incredulity, but here's one study I was given in a telecommunications economics class. (The link from my school's website appears to be gone, but based on filename this is the same PDF I saw):
http://www.unc.edu/~cigar/papers/FileSharing_March2004.pdf [unc.edu]
A quick excerpt from the abstract:
The basic conclusion, if I remember correctly, was: The top 1% of artists in terms of popularity lose sales due to pirated songs, and the rest actually see their sales increase with piracy. Obviously you can fact-check this yourself to see if my recollection is correct.
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Once more, here is the difference between stealing music and infringing copyright:
STEALING MUSIC
You walk into Best Buy or Wal Mart and find the CD section. When nobody's looking, stick it in your shirt. You may have to disable an electronic gizmo that sets off an a
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Err.. if you've been following these cases, you'll realize that's not really true. The agenda appears to be to go after pirates, but the whole point of the countersuits is that a lot of non-pirates are being forced to spend lots of money to defend themselves against false accusations. You say "it would be very easy to demonstrate to a judge in the courtroom" but people aren't having a particularly easy time with those demonstrations. And by the time you make your
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Re:I really hope she wins this (Score:5, Insightful)
1. Spend a lot of time and money to fight to prove your innocence. If you are not successful, the fines will drive you into permanent bankruptcy. (If the legal fees don't do that first.)
2. Accept the RIAA's settlement offer to make it all go away. NOTE: Part of the settlement offer is admitting that you are a pirate even if you aren't one. But at least you won't face a long court battle and possible bankruptcy.
Most people chose Option #2 since it is the quicker and easier way to make it all go away. With recent RIAA court losses, though, it seems that more people are willing to try for Option #1. That's a good thing too. The last thing the RIAA wants is to actually fight these cases in court. They just want quick settlements so they can move on to the next victim... er, evil, bloodsucking pirate.
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- A man had setup a website with the name of a local mall. It was strictly an information site (like a Trekkie fan site, but this was for a mall). The local mall didn't want the website to exist, so they sued him using cyber-squatter laws. Initially the website owner lost his case, but eventually he repealed to the State Supreme Court and won. - It cost him ~$3000 in legal fees that he never recovered.
Big corporations like to go after & abuse the little guy
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Sorry, but you are wrong.
I, and I would imagine most people, have a pile of cash that is used to pay bills, rent, and legal fees/fines. When that pile of cash is gone, it's gone. Next payday, I get another pile of cash. Lather, rinse, repeat.
A corporation doesn't work like that, they have "revenue streams" instead of piles of cash.
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That's why I support making it easier to pierce the corporate veil. If the label CEOs knew about these tactics then they should go to jail as conspirators and be personally subject to civil penalties.
True, it's mainly due to increased taxes enacted by over-spending, nanny-st
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Daaaaaaaamn, I must have one, ARRRRRRRRR Matey! The scurvy bastards be PIRATE MAKERS!
Well, that's something good. (Score:2)
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However, as someone who's never illegally downloaded or uploaded music or movies or software over the Internet, this case really has no bearing on me personally.
Right, bro!
As someone who's never illegally flown a commercial airplane into a building on US soil, this whole "war on terrorism" thing really has no bearing on me personally.
Then again, as someone who understands that case law is being made while we watch, and some of the methods of the RIAA/MPAA are just as easily applied to other things than music or movies, and that somehow, even though the vast majority of Internet users are downloading stuff in breach of strict copyright laws, they somehow managed to
Umm, I'm confused.. (Score:2)
There's actually a legal way to do this?
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Hm. With permission of both the owner of the plane and the building, there might be. Not sure if it would violate any aviation laws.
Re:I really hope she wins this (Score:5, Funny)
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Tanya Anderson probably thought the same thing until she got harassed for over 2 years. When you get served with a subpoena and have to defend yourself for years even though you are innocent, you'll probably see how this affects you.
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Right...and the War on Terror has no bearing on you unless you're a terrorist, and the War on Drugs has no bearing on you unless you're a drug addict. Not to get all Godwin, but holy Niemöller!!
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Of photographers, joke w
One Lawsuit to Rule Them All! (Score:2)
good news (Score:1)
It's too bad that are likely to buy a vowel, erm.. a law.
Cannibals! (Score:5, Funny)
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be sure to read the update at the bottom. (Score:5, Informative)
damn right. (Score:5, Interesting)
And I right that this is one of those situations that she was one of the few people who had a chance of doing this as she already had them in court and could add it in as an amendment?
If Joe Public tried this they would probably be able to block it before they got to court, no?
I just love the irony that they originally tried to block the complaint because it was not detailed enough, and that backfired when it came back as 100+ pages of **AA damming dirty laundry in their faces. Heh Heh.
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The summary clearly states they want to grill the girl, not roast the fuckers. Geesh, get it right, eh?
TDz.
Obligatory Tolkien spoof (Score:2, Funny)
Seven for the little kids in their third-grade lab,
Nine for college men who share on the sly,
One for the RIAA on its dark throne
In the land of Washington where the lawyers lie.
One suit to end them all, one suit to crush them,
One suit to expose them all and in the courtroom brush them
From the land of Washington where the lawyers lie.
The first thing a court does... (Score:3, Interesting)
The first thing a judge does is strip your case down to its essemtials.
The broader the reach and more fanciful your demands, the more quickly they disappear from view.
- - and never faster then when you try to persuade a court to make policy decisions in criminal law when they are hearing a civil case.
I see no constitutional barriers to the launch of a private criminal investigation. There was, after all, no such thing as a paid, professional, police force in the U.S. before 1845. Police History [realpolice.net]
The Pinkerton Detective - "The eye that never sleeps" - dates from 1850.
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the more interesting provisions in it is in the 18th claim, which seeks to stop the RIAA from 'continuing to engage in criminal investigation of private American citizens'
...
- - and never faster then when you try to persuade a court to make policy decisions in criminal law when they are hearing a civil case.
I see no constitutional barriers to the launch of a private criminal investigation. There was, after all, no such thing as a paid, professional, police force in the U.S. before 1845. Police History
I think you're slightly confused.
Not having a Private Investigator license makes those investigations criminal.
The claim is that the RIAA lables are engaging in investigations that are criminal.
NOT that the record labels are engaged in investigating criminal acts.
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(a) that the RIAA's information collection practices are criminal...
(b) that by virtue of doing any investigation, the RIAA is acting illegally...
[c] the RIAA is doing something bad (in protecting intellectual property rights that are assigned to them...but we have no proof and so we're filing frivolous claims to get as much information as possible so we can see what it is that they've done that's wrong
The judge nar
Message from music-listening public (Score:5, Insightful)
I hope the countersuits hold water (Score:5, Interesting)
RTFA (Score:2)
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THIS comment is offtopic. The above comment is dangerous to your computer. I have to hand it to the asshat who posted it, he managed to make the status bar report that the link was to yahoo, and somehow overcame the slashcode that reports a link's domain at the end of the link.
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If I was more motivated I'd look at the source for the comment, but I have a lot of stuff on my mind.
Thanks for the comment, it was informative.
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