RIAA Files 477 New Filesharing Lawsuits

Fallen Kell writes "According to the CNN story, the RIAA has filed another round of lawsuits against filesharers. This round has many college students who are allegedly sharing music on their university networks. Again, the defendants are listed only by their university IP addresses. No lawsuit has gone to trial yet out of the 2,454 litigations started by the RIAA since it began its crackdown."

Comments

When will the backlash come?

[Jaywalk]

At what point will this prompt a countersuit? Everyone knows the RIAA is suing music downloaders, so it stands to reason that the music downloaders will take steps to hide their identities, including using other people's accounts. If the RIAA stays true to form, they're going to assume that an IP address definitely identifies the culprit, when that is nowhere near true. When do they become legally liable for the false accusations?

Re:When will the backlash come?

[AuMatar]

Yes, you are. Right to a fair and speedy trial, right to due process, innocent until proven guilty, any of these ring a bell?

Re:When will the backlash come?

[squiggleslash]

You can still have those things. However, if you're guilty, you're likely to lose. A fair trial isn't one where you win, regardless of your guilt or innocence.

I don't see any evidence that the RIAA has settled a lawsuit that it wouldn't have won anyway. I know people feel that that's unfair, that the copyright system should be more liberal than it actually is, but, in all honesty, whether it is or it isn't, that's the law, and it isn't racketeering to enforce the law, or to settle against a guilty party out of court.

Re:When will the backlash come?

[Shakrai]

I don't see any evidence that the RIAA has settled a lawsuit that it wouldn't have won anyway. I know people feel that that's unfair, that the copyright system should be more liberal than it actually is, but, in all honesty, whether it is or it isn't, that's the law, and it isn't racketeering to enforce the law, or to settle against a guilty party out of court.

IANAL but I don't think that having an IP address proves anything. Granted in a civil case you don't need to prove your case beyond all reasonable doubt -- but you do have to show that a preponderance of the evidence proves your case. What evidence are they going to have besides a downloaded song or two and an IP address?

I don't see how the IP address proves anything. Even if they tie it to my computer I could have been running an open WiFi network or had a compromised system. Say they do tie it to my computer -- guess what? The RIAA isn't a law enforcement agency. The jury would basically be relying on their good word that they actually found that IP address -- the classical "he said, she said" case. Do you think neutral non-interested parties are harvesting these addresses for RIAA? Somehow I doubt it.

Of course none of this matters because nobody has the money to actually fight one of these lawsuits. What a pity.

A 437-0 record with 437 wins by knockout...

[LostCluster]

None of these lawsuits have gone to trial, but the RIAA has a record of 437 settlements and zero dismissals.

That is to say, nobody's been able to force the RIAA to trial and say that the lawsuit is outright bogus. Some have been sucessful in delay tactics, but everybody facing a trial date settles for their entire life savings rather than risk a bankruptcy-forcing verdict that takes away everything the defendant owns.

The RIAA's lawsuits have thus far been entirely spot-on. They've yet to accuse somebody who "didn't do it". Illegal music filesharers beware... you have a substatial risk of having to pay the piper. Don't do it.

Re:A 437-0 record with 437 wins by knockout...

[senatorpjt]

Couldn't the same be said for people who didn't do it? A lot of people take guilty pleas who were innocent rather than running the risk of receiving a full sentence, especially if the plea is for $3000. It would cost more than $3000 just for a retainer to get a lawyer.

They had better win

[FreeLinux]

IANAL but, the RIAA had better win. If they don't win they will then have files 2,454 frivolous lawsuits. That's something the courts frown upon.

Re:Oh Canada

[phorm]

Yeah, you keep singing, and don't forgot to pay your tax on every CD-R or MP3 storage device that you buy... nevermind that that probably far exceeds losses by piracy

Random observations

[boomgopher]

Not sure what exactly I'm trying to say with this post, but these are a few of my random observations on this:

Many/most people today (especially young people), do not view file sharing of music and videos as wrong.

The entertainment industry has done more in the past 50 years to promote a youthful recklessness/lawlessness and a 'fuck the man' attitude. Now that it's turning around and hurting their own profits, they're resorting to strongarm tactics to scare kids into line.

This puts a cloud of fear over my and other's perception of the entertainment industry. Entertainment is supposed to be a light distraction from real life - it's not a requirement like food, clothing, and shelter. As such, I feel like people are being treated like cattle, and are being force-fed 'entertainment'.

The percieved value of music and other types of media is dropping. I personally laugh at the idea of buying a $10-$20 CD anymore - it no longer seems worth it. $1 per mp3/aac/whatever is equally laughable. I'd personally be willing to pay about 10 cents a song (with no DRM). I have no idea if this is even economically feasible. But that still doesn't change what I'm willing to pay.