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Another Claim Of Illegal RIAA Investigative Techniques
from the it's-spreading... dept
In the past, we've heard about lawsuits in Oregon against the RIAA claiming that its investigation techniques were illegal, but now it appears that idea is spreading. A NY court is now reviewing a request to toss out evidence compiled via questionable means in a lawsuit filed by an RIAA label against someone for sharing unauthorized files. The defendant claims that the RIAA used Media Sentry, who broke the law by not having an investigator's license in New York. Frankly, the idea that you need an investigator's license is pretty silly as well, but it does highlight how the RIAA isn't exactly known for playing by the rules either.
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Class Action Lawsuits
After all, all their suits tend to be questionable, typically frivolous, and waste the courts' time. They are effectively terrorizing the citizens of the nation they level charges against, constantly harassing them and forcing them to settle in most cases.
Oh and where would the money go? The education system could use a hefty donation. They could give the money back to our future.
At the very least I'd love to see state level attorney generals do this.
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Re: Class Action Lawsuits
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Injunction?
If the ruling comes down in favor of the defendants, would there be any recourse for the folks that have settled already? The payments made were paid under the threat of legal action based on illegally obtained data/evidence!?
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Re: Class Action Lawsuits
Ohh! This makes them terrorist by our current overly broad definition. Might as well make it work for the people and let DHS know. We can ship the RIAA and MPAA and any of the others off to Guantanamo for a while!! w00t!!
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Re: Injunction?
I mean, if I was in the RIAA's position, I sure as hell would strip any rights I could from them in the process for just this very reason.
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Re: Re: Class Action Lawsuits
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Re: Re: Injunction?
3. You agree not to infringe the Recordings or any other sound recording protected under federal or state law, whether now in existence or later created, that is owned or controlled by any of the Record Companies. This agreement not to infringe shall include, but not be limited to, using the Internet or any online media distribution system to upload or download the Record Companies’ sound recordings or otherwise to distribute or make available for distribution to others any such recordings, except pursuant to a lawful license or with the express authority of the Record Companies. You further agree to destroy all copies in your possession of the Recordings and any other of the Record Companies’ sound recordings that you have downloaded onto any computer hard drive or server without the Record Companies’ authorization and also to destroy all copies of such downloaded recordings that you have made onto any physical medium (e.g., CD-R) or device in your possession, custody or control.
and
6. You agree not to make any public statement that is inconsistent with any term of this Agreement.
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Oh really? Personally I think the public has direct interest in knowing who is acting a quasi-police investigator, otherwise any jack-off trolling your trash, following you or prying into you personal affairs could claim they are 'simply investigating'.
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Re: Re: Re: Class Action Lawsuits
If you can not tell, I have no love for them.
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Re: Re: Re: Injunction?
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Investigator's license IS needed
I disagree here because the complaint touches on the part of New York law that is intended to protect individuals. From the article:
"In an interview with Computerworld, Altman said that under New York law, a private investigator is someone whose activities can include checking out an individual's identity, habits and movements or collecting evidence to be used in a court."
The crux of the matter is not that they did the investigation. New York may frown upon, but likely has no issue with the collection of the information in this case. However, the results of that investigation are going to be used in court as evidence. In fact, the evidence has ALREADY been used - in the ex parte case against the Does to get the current defendants name. It's the combination of both collection of information AND the use of that information in a court case that is driving the request to throw the MediaSentry evidence out.
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Misleading trash
And this is slick, too. "The defendant claims that the RIAA used Media Sentry, who broke the law by not having an investigator's license in New York." First, is the RIAA at fault here? It didn't break any laws. And really. Are you not concerned that the defendant is the one who is the real law breaker? This is just another attempt on your part to satisfy your bunch of groupies with the trash you produce here. You just don't get it, do you?
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Re: Misleading trash
So the illegally obtained evidence should be allowed in court?
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Re: Misleading trash
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Re: Re: Re: Injunction?
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