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Legal Issues

by Mike Masnick

Tue, Jul 31st 2007 9:50am




Filed Under:
abuse, copyright, lawsuit, riaa

Companies:
riaa


RIAA Backs Down Slightly After Being Countersued For Trying To Shame Man Into Settling

from the yet-again dept

If you hadn't noticed by now, the RIAA will go to great lengths to get people they accuse of file sharing to "settle" a case before it ever goes to court -- especially when the evidence they have is especially flimsy. However, with the threat of much bigger fines as a possibility, many people feel compelled to simply pay up and move on. Luckily, some people fight back -- and the RIAA almost always ends up backing down when the facts are presented. The latest such case takes place in Tennessee, as pointed out by Ray Beckerman. A soldier was accused of unauthorized file sharing for six songs, but in the evidence filed with the court, the RIAA lawyers included screenshots showing 4,600 files from the guy's computer including pornographic content. The guy claims that this clearly has nothing to do with the case, but is a situation where the RIAA is abusing a copyright infringement claim to try to shame the guy into settling. He still insists he's innocent and that lots of other people had access to his computer at the time the charges refer to. After countersuing over this issue, the RIAA has now backed down from listing the 4,600 files and is now only showing 367 sound recordings that it believes are infringing. Rather than admitting that it was abusing the lawsuit to pressure the guy into settling (and this change is due to the countersuit), the RIAA's lawyers claim they've made this change as a "professional courtesy." How nice of them.

31 Comments | Leave a Comment

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  •  
    identicon
    Anonymous Poster, Jul 31st, 2007 @ 9:59am

    The RIAA - Just when you think they can't get any worse...

     

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  •  
    identicon
    Chris, Jul 31st, 2007 @ 10:10am

    No Joke

    Give me addresses these people will disappear.

     

    [ reply to this | link to this | view in chronology ]

  •  
    identicon
    Downloading music at the moment., Jul 31st, 2007 @ 10:27am

    I'd come back with a snappy comment but my downloads just finished. Mp3 player is almost full.

     

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    •  
      identicon
      F the RIAA, Jul 31st, 2007 @ 1:16pm

      Re:

      I taught both of my kids to download music and showed both of the utilities to extract all songs off of their friends ipods. The RIAA can go fuck off.

       

      [ reply to this | link to this | view in chronology ]

  •  
    identicon
    Anonymous Coward, Jul 31st, 2007 @ 10:44am

    Why can't someone drive 1300 miles to burn down their houses?

     

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  •  
    identicon
    Mark, Jul 31st, 2007 @ 10:56am

    Professional Courtesy

    So I saw the line about Professional Courtesy and was reminded of the following joke:

    Why don't sharks eat lawyers?
    Professional Courtesy

    If you wanted to change it for the RIAA:

    Why don't hyenas eat RIAA executives?
    Professional Courtesy

    Thank you Thank you, please remember to tip the waitstaff

     

    [ reply to this | link to this | view in chronology ]

  •  
    identicon
    Haywood, Jul 31st, 2007 @ 11:09am

    I'd gladly claim my porn

    In todays world, what's shame got to do with it?

     

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    •  
      identicon
      Chris, Jul 31st, 2007 @ 1:28pm

      Re: I'd gladly claim my porn

      I kind of figured that some of the pics were of himself, and I could see why that would be embarrassing to have shown to everyone in a court room. Maybe he's just into something really weird/kinky.

       

      [ reply to this | link to this | view in chronology ]

  •  
    identicon
    Kyros, Jul 31st, 2007 @ 11:36am

    I'll bring gas..or should I bring kerosene? Regardless, someone bring matchs and we'll have a barbecue.

     

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  •  
    identicon
    Anonymous Coward, Jul 31st, 2007 @ 11:57am

    Blow em all up

    Forget their houses. Somebody needs to blow up the RIAA headquarters!

     

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  •  
    identicon
    Anonymous Coward, Jul 31st, 2007 @ 12:12pm

    If we did that it would give them just the excuse they needed to start a "War on Copyright Infringement" and we would all be carted off with black bags over our heads by the Copyright enforcement Administration.

     

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    Charlie Potatoes, Jul 31st, 2007 @ 12:13pm

    whoa

    ok.. all that is in my share folder is music. how the hell did they get screen shots off his pc? and what does his phonograph machine had to do with his pornograph machine? im lost.

     

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  •  
    identicon
    Mike C., Jul 31st, 2007 @ 12:23pm

    We just need to follow their example...

    From the Answer & Counterclaim in Elektra v. Santangelo II, the 24th Affirmative Defense, we should all just start using the remedy used by Edgar Bronfman: Get our parents to give us a stern talking to.

    More info can be found on Ray's blog here.

     

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  •  
    identicon
    glitch, Jul 31st, 2007 @ 12:31pm

    civil action ?

    why can't the soldier be able to get a criminal action started ?

    looks like 4200+ instances of illegal search, imho

    diaRIAA will never go after criminal action against anyone

    criminal law is too restrictive and ties their hands

     

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  •  
    identicon
    AnOn, Jul 31st, 2007 @ 1:32pm

    How did the Riaa Get access to his HDD, If they can only show when you were uploadingDL by the trap of your ISP log file how did they get onto his machine to display his personal files ?? Mal-Ware ??. Sounds like they are infringing on someones personal property

     

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    •  
      identicon
      Anonymous Coward, Jul 31st, 2007 @ 2:25pm

      Re:

      How did the Riaa Get access to his HDD,...
      I think they probably subpoenaed his computer and then went trawling just to see what they could come up with.

       

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  •  
    identicon
    Coaster, Jul 31st, 2007 @ 2:05pm

    "Hi, we're with RIAA and we want your hard drive."

    "sorry, I just accidentally smashed it to bits with a hammer."

     

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    •  
      identicon
      Anonymous Coward, Jul 31st, 2007 @ 2:27pm

      Re:

      "Hi, we're with RIAA and we want your hard drive."

      "sorry, I just accidentally smashed it to bits with a hammer."
      Judge: Then I find in favor of the RIAA on all points and further find you in contempt of court and sentence you to...

       

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      •  
        identicon
        BTR1701, Aug 1st, 2007 @ 7:11am

        Re: Re: Contempt

        One can't be in contempt of an order that has not been served. And private individuals are under no obligation to maintain their hardware, software or any other records as evidence just in case some group like RIAA wants to sue them.

         

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  •  
    identicon
    satan, Jul 31st, 2007 @ 2:22pm

    If you don't want to get sued

    then don't share songs. to bad that doesn't work either.

     

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  •  
    identicon
    Charles Griswold, Jul 31st, 2007 @ 5:34pm

    "Professional Courtesy"

    "Professional courtesy" they say. You gotta give them credit; it takes giant brass balls for the RIAA to say something like that with a straight face.

    On a separate note, Firefox's spell checker flags "RIAA" as an error. It's probably on to something there. :-)

     

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    •  
      identicon
      Nasty Old Geezer, Aug 1st, 2007 @ 5:39am

      Re: "Professional Courtesy"

      In regards the RIAA this is an oxymoron. They are neither professional nor courteous.

       

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  •  
    identicon
    duh, Jul 31st, 2007 @ 7:01pm

    I want to get inside pics of those RIAA thugs computers. I know they are doing something illegal.

     

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  •  
    identicon

    RIAA Backs Down Slightly

    Hello:
    It seems that RIAA is now the new internet bully around the block, a kettle calling the pot black.

    The guy was brilliant in counter suing them and forcing them to back down.

    Sometimes, it pays to stand up to a bully, and hit back.

    Ikey Benney

     

    [ reply to this | link to this | view in chronology ]

  •  
    identicon
    Overcast, Aug 1st, 2007 @ 5:50am

    Oh, so sorry to see the Racketeers have to back down :(

     

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  •  
    identicon
    Overcast, Aug 1st, 2007 @ 5:53am

    lol, yeah Nasty ol' Geezer - you're right.
    Although, I think I've figured out what RIAA means - really..

    Racketeers in Abusive Action.

    Fitting... no? :)

     

    [ reply to this | link to this | view in chronology ]

  •  
    icon
    Brian Lee Corber (profile), Aug 2nd, 2007 @ 12:14pm

    RIAA

    Use Cal;ifornia's Business & Professions Code Section 17200 se seq, sue for unfair business practice and then watch the RIAA have to comply with FRCP 26 disclosures of all of its electronically stored information.

     

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    •  
      identicon
      cudzoo, Oct 13th, 2007 @ 7:16am

      Re: RIAA

      if the riaa can get sreen shots off your computer. then that is a national threat. if they can do it to a personal, who is to say the can'nt persay accidently screen shot a senators personal stuff on his computer. why is it that one average americans get sued and not politicians whom may or maynot have songs on their computer.

       

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  •  
    identicon
    Brain, Aug 4th, 2007 @ 6:44am

    Anyone remember...

    Anyone remember Metallica?

    "Sure, we copied albums and cassette tapes when we were kids but we're going to sue the pants off those that copy our stuff."

    I still refuse to buy their 'music' and turn the channel whenever they come on. Jerks.

     

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  •  
    identicon
    cudzoo, Oct 13th, 2007 @ 7:15am

    national threat

    if the riaa can get sreen shots off your computer. then that is a national threat. if they can do it to a personal, who is to say the can'nt persay accidently screen shot a senators personal stuff on his computer. why is it that one average americans get sued and not politicians whom may or maynot have songs on their computer.

     

    [ reply to this | link to this | view in chronology ]


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