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RIAA File-Sharing Lawsuits Top 10,000 People Sued

An anonymous reader writes "While Firefox broke the 50,000,000 barrier today, the RIAA broke a more dubious barrier this week: It has now sued over 10,000 file sharers for copyright infringement, making it a good time to ask if the RIAA will ever throw in the towel. Taking an academic look at what's best for the industry, this economics article shows the financial upside to P2P file sharing. And on the flip side, this legal article argues that file swappers have a constitutional right to pay much smaller penalties than the millions of dollars they can be liable for under copyright law, making the RIAA's lawsuits much less profitable."

14 of 490 comments (clear)

  1. throw in the towel? by Schlemphfer · · Score: 5, Insightful
    It has now sued over 10,000 file sharers for copyright infringement, making it a good time to ask if the RIAA will ever throw in the towel.

    Doesn't your corner only throw in the towel if you're getting your ass kicked? From what I understand, the RIAA is settling nearly each of these cases out of court for a substantial profit. If that's the case, why would they ever throw in the towel?

    --
    I'm generally "Interesting," "Insightful," and even "Funny" here. What the hell happens to me at parties?
    1. Re:throw in the towel? by Anonymous Coward · · Score: 5, Insightful

      > From what I understand, the RIAA is settling nearly each of
      > these cases out of court for a substantial profit. If that's

      That is exactly correct. So far one person has stood up and resisted settling out of court.

      So a press release saying the RIAA has sued 10,000 people is a complete fabrication. The RIAA has threatened to take people to court for everything they own over IP violations, and the people have backed down and paid multiple-K settlements instead.

      They haven't paid the RIAA through judgments, they haven't paid *fines* to the RIAA, they haven't paid legally required fees to the RIAA, they have paid a *settlement* to the RIAA in order for the RIAA to not go ahead with legal action.

      Repeat after me: The RIAA have not yet sued anyone. They have applied extortion using the threat of a costly legal battle involving megacorporation vs one individual.

    2. Re:throw in the towel? by Baricom · · Score: 4, Insightful

      Apparently, a Google search is too complicated for some people even when spoon-fed to them. I'll summarize.

      The mere fact that the RIAA knows who is doing the file sharing is a result of them filing lawsuits. Judges have limited the scope of the RIAA's legal activities at least twice. The first action required the RIAA to file a John Doe lawsuit, rather than merely requesting customer identities from ISPs under the DMCA. The second action, filed last year, requires the RIAA to file separate lawsuits for every John Doe they wish to challenge.

      The RIAA is obviously suing - if they didn't, they wouldn't know where to send the extortion (err, settlement) letters.

    3. Re:throw in the towel? by cpt+kangarooski · · Score: 4, Insightful

      They have yet to prove I HAVE a computer.

      Well, it's that you, at the time had one. They just want to look at it now. If you didn't have one, you need only say so. But don't lie, since then you start getting into trouble.

      You seem to keep trying to lie in order to escape justice. This usually comes out in the end, and it doesn't work well for you.

      3) Contempt Of what? RIAA?!? If it's "Of Court", then it is the COURT ordering I turn over the computer, and I'll send it to the court, NOT the RIAA.

      If you don't comply with a discovery request, the requestor goes to court to get a court order demanding that you comply with the discovery request. If you still do not do so, you are in contempt of court, and the court may fine or jail you until you turn it over to the party making the request. The court doesn't want to see the computer. Frankly, it likes it when people settle.

      Looking at evidence is the job of the parties; they winnow it down to what they cannot agree on. Then, if there is anything they can't agree on, that gets decided in court.

      Point is, they don't know what "it all" is. Can't ask for something you don't know exists.


      That's why the request is made in a very open-ended fashion. They'll just say something like 'all computer storage devices you had on such and such a date.'

      The purpose of discovery after all is to fill in gaps in each side's knowledge.

      Besides, do you know I run a business off that computer, and I have my own and other's personal email on it? I'm sure there are some laws that protect my (and other's) privacy, as well as my livelihood.

      That just means that they have to be careful in how they conduct their discovery. You can't avoid it, however.

      And I have no moral problem lying under oath to those bastards.

      Fair enough, but perjury is a crime.

      What differentiates a situation where I am UNABLE to comply from a situation where I AM able, but FAIL to comply??

      Providing an adequate explaination to the court as to why you are unable to comply, and getting the court to accept it.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
  2. The RIAA Will Never Quit by StarWreck · · Score: 5, Insightful

    The RIAA will never quit suing P2P users because the RIAA is making a profit from it...

    --
    ... and in the DRM, bind them.
    1. Re:The RIAA Will Never Quit by StarWreck · · Score: 5, Insightful
      They are collecting the money for songs
      Too bad the RIAA is keeping the money for themselves (only paying the Lawyers and the CEO's). Not a single penny from any of the 10,000 lawsuits have gone to the artists from whom "the money was stolen".
      --
      ... and in the DRM, bind them.
  3. You fund this by buying CDs by BinBoy · · Score: 5, Insightful

    You fund these lawsuits every time you buy a CD. Then they sue you, you settle and they sue even more people. Solution: stop buying CDs.

    1. Re:You fund this by buying CDs by Baricom · · Score: 4, Insightful

      BTW, if you're paying for your music by buying CD's why do you care who's getting sued for copyright infringement.

      Because I believe 10,000 lawsuits by the same entity in the span of less than two years indicates that something is broken in the legal system.

  4. Profits from suing by Corpus_Callosum · · Score: 5, Insightful

    The RIAA will never quit suing P2P users because the RIAA is making a profit from it...

    How right you are! Imagine, 10k lawsuits. Let's assume that each one of them settles for an average of $5k (a pittance compared to what they could get by copyright law, and I believe many of these settlements are much higher).

    At $5k a pop, 10k of these settlements is worth $50,000,000 dollars.

    How long will it be before the profits from lawsuits exceeds that of music licensing for the RIAA? Is it really that far fetched to imagine? Settlements are better business than records ($5k vs. $9)...

    Perhaps, like antivirus companies spinning virus out into the wild, the RIAA will begin quietly sponsoring P2P programming efforts in an attempt to expand their new market (defendants)...

    These are strange times...

    --
    The reason that it can be true that 1+1 > 2 is that very peculiar nonzero value of the + operator
  5. They will stop.... by Palal · · Score: 4, Insightful

    .... only after people stop settling outside of court and ask for jury trials.

    --
    -Palal
    1. Re:They will stop.... by pomo+monster · · Score: 4, Insightful

      You do realize "It's not stealing, Your Honor, it's just copyright infringement" isn't a valid legal defense, don't you?

  6. Re:How about trying to 'fix' it... by stubear · · Score: 5, Insightful

    The solution is for people to stop buying CDs and listening to music created by members of the RIAA. Until you stop doing this the "problem", as you put it, will continue.

  7. RIAA and the long-tail by G4from128k · · Score: 4, Insightful

    I'd bet that the economics of P2P depend on the "popularity" of the artist. P2P file copying probably helps obscure artists because it helps listeners overcome the cost and risk barier of buying an unknown artist. But file copying probably hurts more popular artists when people download must-have (but don't neccessarily want ot pay-for) manufactured hits by a known artist. P2P fragments the listening population by connecting them with more artists. In theory, the total outcome can be better as P2P file copying expands people's interests and helps them find music they consider worth paying for.

    On the other hand, RIAA, I'll wager, is more concerned with preserving blockbuster artists than in promoting obscure ones. It's easier (and more ego-boosting) to ride the back of a Britney Spears than it is to promote a thousand no-name bands. Moreover, its more cost-efficient for music distributors to sell 10 million copies of one album than hassle with selling 15,000 copies of a 1000 artists. Even in a digital age, creating a distribution relationship with 1000 artists is harder (and less sexy) than having a single relationship with a megastar .

    Fragmentation of people's musical interests is not in RIAA's best interests even if it expands the total music industry by more effectgively matching content creators to content consumers.

    --
    Two wrongs don't make a right, but three lefts do.
  8. Perhaps... by zappepcs · · Score: 4, Insightful

    Perhaps I am repeating myself or someone else, but the point is not what is done with digital content, the point is what the laws are doing. Currently, they are reinforcing an outdated and unworkable distribution business model for the film and music industry.

    The lure of being in those industries is the money that can be made... now there is a cultural revolution against that business model. The time is right for revolution...so to speak.

    We keep talking about what is right and what is wrong, but we seem to skip over the facts. The facts simply stated, are that the law supports an outdated business model. The music and film industries cannot continue to force their ethics on the populace when the populace is revolting. Music and video content is simply not worth what is being charged. The current distribution and licensing practices DO NOT work in the information age. They used to work, but no longer. When anyone with a basement and some cheap electronic technology can duplicate what big industry is charging huge dollars for is common place as it is today, the old business models don't work.

    Its time for the music and movie industry to get into the 20th century (yes, I said that right). Its time for them to get with reality. Sure, they deserve to be paid for their work, just like the rest of us, but like the airline industry, they do not deserve to be propped up by government so they can survive. If they cannot survive the changes on their own, so be it. Its time for a change, the old ways are not working.

    Still, I have not seen or read any evidence that file sharing has damaged either industry, yet they seem to have the government's permission to harm anyone they feel like. This smacks of conspiracy and business based totalitarianism.

    Sure, you can tell me that I'm wrong, that I have not respected the rights of these industries, but I have done something that you did not expect.... I have stated that its time for evolution or revolution. I don't particularly care if they go broke... there are literally millions of artists that want a cheap and easy way to get their art to the masses without having to deal with those big companies and their bias.

    Anyone that thinks this is about the law is just kidding themselves... this is about evolution. It is time for thing to change. I'm tired of paying taxes just in case I decide to break a law, I'm tired of being thought to break the law before I actually do, I'm tired of people trying to enact law to prevent me from breaking other exisiting laws.

    If business finds that the current laws are unenforcable, they need to look at what they are doing and how they are making their money. Small businesses have to weigh the value of persuing a patent infringement case against larger companies and individuals against what is good for the business. The music and video industries have SO MUCH MONEY that they don't have to worry about it... they just bring the litigation because the cost is a pittance against what they stand to gain. The patent and copyright laws have, in essence, broken the anti-trust laws, in order to protect the very rich and powerful, those that don't need protection.

    They have successfully perverted the intent and design of the laws they use to protect their profits.

    IT IS TIME FOR A CHANGE... EVOLUTION OR REVOLUTION

    YMMV