RSS
Twitter
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.
Reader Comments
(Flattened / Threaded)
The RIAA - Just when you think they can't get any worse...
(reply to this comment) (link to this comment)
No Joke
Give me addresses these people will disappear.
(reply to this comment) (link to this comment)
I'd come back with a snappy comment but my downloads just finished. Mp3 player is almost full.
(reply to this comment) (link to this comment)
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 comment) (link to this comment)
Why can't someone drive 1300 miles to burn down their houses?
(reply to this comment) (link to this comment)
Re:
LOL
sounds like a plan, i'll bring the hotdogs
(reply to this comment) (link to this comment)
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 comment) (link to this comment)
I'd gladly claim my porn
In todays world, what's shame got to do with it?
(reply to this comment) (link to this comment)
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 comment) (link to this comment)
I'll bring gas..or should I bring kerosene? Regardless, someone bring matchs and we'll have a barbecue.
(reply to this comment) (link to this comment)
Blow em all up
Forget their houses. Somebody needs to blow up the RIAA headquarters!
(reply to this comment) (link to this comment)
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.
(reply to this comment) (link to this comment)
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.
(reply to this comment) (link to this comment)
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.
(reply to this comment) (link to this comment)
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
(reply to this comment) (link to this comment)
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
(reply to this comment) (link to this comment)
Re:
(reply to this comment) (link to this comment)
"Hi, we're with RIAA and we want your hard drive."
"sorry, I just accidentally smashed it to bits with a hammer."
(reply to this comment) (link to this comment)
Re:
(reply to this comment) (link to this comment)
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.
(reply to this comment) (link to this comment)
If you don't want to get sued
then don't share songs. to bad that doesn't work either.
(reply to this comment) (link to this comment)
"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. :-)
(reply to this comment) (link to this comment)
Re: "Professional Courtesy"
In regards the RIAA this is an oxymoron. They are neither professional nor courteous.
(reply to this comment) (link to this comment)
I want to get inside pics of those RIAA thugs computers. I know they are doing something illegal.
(reply to this comment) (link to this comment)
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 comment) (link to this comment)
Oh, so sorry to see the Racketeers have to back down :(
(reply to this comment) (link to this comment)
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 comment) (link to this comment)
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.
(reply to this comment) (link to this comment)
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.
(reply to this comment) (link to this comment)
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.
(reply to this comment) (link to this comment)
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 comment) (link to this comment)
Add Your Comment