RIAA Sues 261 Major P2P Offenders

circletimessquare writes "Yahoo!/Washington Post is reporting that the RIAA is suing 261 fileswappers whom they consider to be 'major offenders' in illegally trading music online. Remember to visit the EFF when full lawsuit details are released, and see if you're one of the unlucky few." Details of the amnesty program reported last week were also released, with the RIAA announcing it "...would require file sharers to admit in writing that they illegally traded music online and vow in a legally binding, notarized document, never to do it again."

Comments

Re:Why the vow?

[leviramsey]

It takes away a number of defenses you could use if they sue you for a future infraction. You can't claim that you have no history of this sort of thing (if you do, you've perjured yourself and could be imprisoned for that). It also could be introduced as evidence of your character in the trial.

Re:Suing?

[Anonymous Coward]

If the Dean campaign tells you that they are going to do something about the RIAA then I can tell you they are lying. The Executive branch does not make laws and it does not try cases based on those laws. It is up to the Legislative branch (your senators and representatives) to change the laws or the Judicial branch to declare them unconstitutional. For that to happen it would have to bounce to the top (Supreme Court) which won't happen because nobody has deep enough pockets to fight it that far.

Re:Suing?

[Mikeytsi]

The executive branch has a lot of influence on the legislative branch, due to the fact that the executive has veto power. (You insert and pass this anti-RIAA bill, and I'll rubber-stamp the next "homeland security" bill you want). If you don't think this kind of stuff happens all the time, you're stupid and/or high.

Another thing to keep in mind, the Executive appoints the members of the Supreme court.

Re:Legally bound to my arse

[saddino]

Ok i havnt RTFA and i dont no much about American copyright, but isnt there a law that says you must uphold copyright infringements, i.e you have no choice in who you sue, you have to sue everyone who infringes your work?

You're thinking of trademarks, not copyright.

Furthermore, you are not forced by law to protect trademarks: if you want to lose your trademark protection, by allowing others to infringe, then you certainly have the right to do so. However, if you want to protect your trademark, then yes, you need to actively enforce your rights.

Re:File Sharing Legal in Canada

[Mashiki]

His legal understanding of Candian law is right. And in Canada, you do have the right when you buy a pack of CDR's to copy music as long as it is for NON PROFIT USE.(Read the laws) The money has been collected by an agency(CPCC) that is directly redistributing back to the artists, they are getting their money wether you are using those CDR's for data or Audio, profit or not. Now, think on that, and wonder why Canada has one of the highest "piracy" rates in North America, it's because people already know they are paying for the goods that they haven't paid for!

I've gone over this a dozen times with lawyers to, the Industry Minister(Rock), to the Minister of Heritage(Copps) both people who are at the top of the new "levy", and the law is on the copiers side on this. I've met them face to face and gotten into nice little debates with them, I'm almost sure that the levy is going through. I love the prospect of dropping a $20 for a pack fo 10CDr's.

A note to my fellow Canadians, if you feel like buying an MP3 player with a HDD in it, do so now. They will be getting very expensive when the new levy comes out.

As for the last bit, ofcourse they don't make any distinction between data and audio CD's, how else could they pillage us at the store and still take our money and give it away to artists when we are doing something buying media for backups.

Re:I think

[stwrtpj]

Yes, the DMCA allows copyright holders to supboena the names of people from ISP's without bringing a case first, or getting it signed by a real judge, but that doesn't mean that the system of innocent until proven guilty is out the window.

You're confusing civil and criminal law. In criminal law, yes, you're innocent until proven guilty. It does not work that way in civil law, which is what we are talking about here. All you need to show is a small amount of proof to haul someone into court, and then you only need a "preponderance of the evidence" to win the case.

This is why I object to the RIAA's tactics. I agree wholeheartedly that the ones who are actively sharing files are the ones guilty of copyright infringement under the law, but I disagree with subpoenas issued without a judge's signature.

These people, if it goes to court, will have the same rights afforded to them as in any other legal case.

Except the right to a lawyer. Once again, in criminal law, I am guaranteed a lawyer, paid for me by the state if I cannot afford one. Not so in civil law. I have to pay for my own attorney. So I see nothing wrong with the EFF providing funds to help defend people in civil cases, since this helps offset the disparity that exists in the system.

There are problems with the DMCA, but can we cut out the FUD please?

Subpoeans without a judge's approval is not FUD, it's a travesty of justice.

Not being able to pay for your own defense in a country that so highly values liberty is not FUD, it's legalized extortion.

Re:I think

[Dr Caleb]

In Canada, I can give my CD to a friend to make copies of all I want. I just can't give him a copy.

Not correct. You can give him a copy. You cannot sell him a copy.

The Ultimate Solution to RIAA...

[DavidBrown]

...is actually pretty simple: Boycott the Music Industry. It's all over-marketed crap anyway - the Madonna/Britney Spears kiss, for example, wasn't an artistic expression, it was a shock statement made to get people to watch the awards program and pay money to RIAA for the music manufactured by their neutered artists.

Stop stealing music. Stop buying music too. Support your local artists. Go to a local nightclub, watch the local bands, and happily pay the cover charge. Buy only CD's the performers sell themselves, and don't steal their music, because you'll be ripping of a performer, and not RIAA.

Your local garage band won't be a technically proficient, but they will be more honest and original, even if they are a cover band playing other peoples' music.

Re:Suing?

[cK-Gunslinger]

Ok, after a little bit of research, I see that I had some misconceptions about copyright law. Feel free to mod parent "-1 Wrong."

Re:is your username subpoenaed? it is now...

[Fulkkari]

When RIAA writes something Anti-P2P they will know that a great number of the readers will be actual filesharers reacting to that article. That will give them plenty of IPs in their server logs... *That's* the real problem if you happen to be a filesharer. Not the EFF. :)

As a side note it could be wise for you filesharers to check your browser doesn't send a Down-with-the-RIAA-KaZaA-rules-forever site as the referring page while browsing. The site itself could also be a trap done by RIAA to get to know as many filesharers as possible. There have been trap sites of such kind in the past... Be careful out there!

Re:Sources for free legal RIAA music

[Wooo]

Amazingly enough, this allows you to rip streaming audio onto your hard drive. I just tune in to shoutcast and streamripper rips each song using the meta data in the stream.

Separates each song and writes id3 information for each track. It may not be cd quality, but works great for any portable media player.

Hi. You're a liar.

[revscat]

Unless the Democrats decide they don't like those appointments, which is why they've been delaying every single one of Bush's nominations to the federal courts.

I don't know what wingnut propaganda outlet you get your news from, but it's obviously rotted your mind. To date, Bush has had 117 federal judicial nominees approved by the Senate. This is completely in line with historical norms. Reagan had 293 appointments over his two terms, Bush Sr. had 150 appointments, and Clinton had 306 over his two terms.

So I fail to see where you see evidence that the Democrats are delaying appointments. If there were any delaying going on whatsoever these numbers would be much lower.

Source

Re:Hi. You're a liar.

[gordgekko]

Ah statistics. Raw numbers sound impressive but they mean nothing. The fact of the matter is that history actually proves that Bush the Younger's judicial nominees are getting the shaft.

Former presidents Jimmy Carter, Ronald Reagan, George H.W. Bush and Bill Clinton each saw most of their circuit court nominees confirmed -- 100 percent, 95 percent, 96 percent and 86 percent, respectively. For George W. Bush, that number is a paltry 53 percent and, unlike his predecessors, he has had many of his initial nominees ignored completely.

I'm sure Miguel Estrada, who was stonewalled because he was a Hispanic judge that didn't toe the Democratic Party line, might disagree with you on whether delays are going on.

Finally, the Senate Democrats themselves announced they would delay appointments. They issue a fscking statement to the media saying exactly that. Proof enough for you? Do I have to get Tom Daschle to call you and tell you exactly the same thing?

Defense Strategies

[cribcage]

Everyone, including myself, has already sounded off their opinions about every facet of this issue. Even this story isn't really "news"; it's simply an official statement of something we knew was inevitable. Rather than revisit old arguments, then, let's try to offer some new thoughts. And in that spirit: If any defendants are reading this, now, here are a few tips, should you go to trial. (I have studied law, and I have served on a jury. If that qualifies this advice, so be it.)

1. Everything is sales. This is certainly true of trial law. Those 12 jurors are, ultimately, American consumers. They are bombarded with consumerism day and night, and one thing is true of American consumers: If they want to buy it, they will. (Witness the success of the SUV.) Make them want to buy your story.
2. Introduce yourself. It's much easier to royally screw "The Defendant" than it is Billy, or Jake, or Tom. The first words out of your lawyer's mouth should be, "Good morning, ladies and gentlemen. My name is John. This is Billy." Your first name should be the most repeated word in the courtroom. If Juror #12 has a son your age, you want her unable to separate her son's face from yours during deliberations.
3. Dress sharply. Packaging is a crucial element of marketing. Your appearance will matter -- to jurors, to the judge, and even to your personal confidence and demeanor at your table and on the stand. If you come down to your last $1,000 and you can't decide whether to buy food or pay your lawyer, do neither: Buy a suit. Check out Alan Flusser, or another expert for advice. Straighten your tie. Button your collar. Wear a blue shirt. If you think it sounds silly, consider this: If the jury finds against you in the amount of $12 million, you're going to spend the night sitting awake in bed, asking yourself, "Did I do absolutely every little thing I could have done?"
4. Smile."More bees with honey," and so forth. You can't overestimate the value of a good impression. Watch a reality dating show, some afternoon. You'll hear plenty of folks say about their blind date, "When I first saw him, he was smiling. That really put me at ease, and I felt very comfortable." Your jury should be convinced that you are a warm, friendly person. "Caring" is a nice adjective, too...but seriously, it should fall third, behind "warm" and "friendly." Put your jury at ease.
5. Admit your anger. This is a cardinal rule for criminal trials, but you might find it useful here. Some lawyers will tell you, "Remain calm. Never flash anger." That's bunk. The jury knows you're not a robot, and they will distrust you if you act like one. You shouldn't get visibly upset every time a witness for the other side says something against you, of course. But if you take the stand, it can help if you admit, "I'm angry, at being in this position." In criminal trials, take it a bit further: Admit that you resent the jury. Don't antagonize them, and be careful how you speak...but admit the truth. "I am not guilty of this crime. And truthfully, I'm angry. I resent the fact that you 12 people are going to decide whether I may remain free. I don't mean to offend you...but I resent this. I'm not guilty, and I'm angry that you have the power to lock me up for something I didn't do." It's natural. If you admit your resentment (without hostility), the jury is reminded that you're a man. An innocent man.
6. Consider delivering your own closing argument. Don't represent yourself, of course. Even if you are an attorney, you'd be a fool not to hire someone else. But when the time comes for summations, it's often best to favor the human argument over the legal. The jury has already heard the law -- and they'll be reminded of it again, when the judge offers instructions. Be a salesman. Be yourself. Stand up, and sell yourself. Speak, don't read. Use notecards if you must, but don't read a speech. Just talk. Make eye contact. Take the

forget the RIAA, download OTHER music

[Stephen Samuel]

The RIAA doesn't have a monopoly on music. They just have a monopoly on getting music into the media.

Kuro5hin has a recent article which explains the issue, including pointers to archives with about 40,000 music titles that are legal to download.

Boycott the RIAA, and start downloading / buying music that isn't theirs. Support artists who make good music and don't have access to the RIAA's media juggernaut.

A war on many fronts:Misinformation and the lot

[felonious]

I all sides to the current arguments on this subject and could easily side with most. What gets me of late is the people who say this argument is nothing but two spoiled kids arguing over a topic of inconsequential value. This would be my reply yot that...

1)Yes we have some very important issues in this day and age. War, economy, healthcare, etc.
2)There are better rights to fight for than downloading music without fear of retribution.
3)The RIAA is grasping at straws.

With all of that being said I can move on to my point...

This isn't simply about downloading music or demonizing and archaeic institution/business model.
This isn't about spoiled kids whining about a god-given luxury.

The underlying theme here is illegal, unethical, and forgoing of certain rights as guaranteed under our constitution. I'm not talking about our right to download free music. I'm talking about punishing copyright infringement reasonably if at all.

Why aren't people upset over a corporation issuing it's own sopoenas without judicial oversight?

Why aren't people challenging their local politicians over passing such bills?

Why are politicians selling our rights as guaranteed under the constitution in exchange for campaign donations?

The laws being past as related to the drm and dmca reach much farther than downloading mp3's. Just think of how it pertains to the future and the extent the corporations will go to to protect their outdated business models. They don't give a damn if you rot in jail for enternity as long as the profits keep rolling in and the American public does nothing to change it. I guess you could say the entire world does nothing as a whole except whine and complain isntead of actually mounting some kind of grass roots uprising.

I hope everyone understand that I'm not even talking about mp3's. I'm talking about our laws and rights and where this is all leading in our collective futures. I'm not some right wing, over conservative thinker with alterior motives protecting my own personal interests. I'm about protecting the rights I've always had and I can see them slowly slipping away, bit by bit. I don't want it to be too late when "joe Average" starts to understand because by then it will be too late and there's no new "America" that we can set forth on ships to regain our freedoms.

The time to act is now and time is of the essence. Don't make this about music. Make this about maintaining what we have always had. The fight with the RIAA is the first of many battles of which will be a long, drawn out war of attrition. Our power is in our voices, pockets, and numbers. We cannot let the greedy few sell our rights in exchange for money and job security.

We can win this...