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: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: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: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!

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

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?