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RIAA Sues Woman Who Has Never Used a Computer

boarder8925 writes "Marie Lindor, a home health aide who has never bought, used, or even turned on a computer in her life, was sued by the RIAA in Brooklyn federal court for using an 'online distribution system' to 'download, distribute, and/or make available for distribution' plaintiff's music files. She has requested a pre-motion conference in anticipation of making a summary judgment motion dismissing the complaint and awarding her attorneys fees under the Copyright Act."

637 comments

  1. Two words, please!!!! by hummassa · · Score: 5, Funny

    Punitive Damages !!!!

    --
    It's better to be the foot on the boot than the face on the pavement. ~~ tkx Kadin2048
    1. Re:Two words, please!!!! by 0WaitState · · Score: 1

      Two better words:

      Vexatious Litigant

      Look it up...you'll find it works almost as well as

      Disbarred Assholes

      --

      Remain calm! All is well!
    2. Re:Two words, please!!!! by Stephen+Samuel · · Score: 5, Funny
      She's not using a computer. She's not downloading porn^w music illegally. This means that she's denying the RIAA the right -- the right(!) to sue her for illegally downloading music.

      This is costing them income and thus profit.

      Them's fightin' words!

      --
      Free Software: Like love, it grows best when given away.
    3. Re:Two words, please!!!! by JiveDog · · Score: 1

      SUE EVERYBODY! The people you work with and handle...I'd probably sue them too.

    4. Re:Two words, please!!!! by Anonymous Coward · · Score: 5, Interesting

      On the relevant side, this my google quote of day:

      "The music business is a cruel and shallow money trench, a long plastic hallway where thieves and pimps run free, and good men die like dogs. There's also a negative side."
          - Hunter S. Thompson

    5. Re:Two words, please!!!! by Anonymous Coward · · Score: 0
    6. Re:Two words, please!!!! by bobcave · · Score: 1

      For punitive damages.... that you're giving me.


      --
      There is no such thing as 'chocohol' or 'workahol'.
    7. Re:Two words, please!!!! by Anonymous Coward · · Score: 0

      "The music business is a cruel and shallow money trench, a long plastic hallway where thieves and pimps run free, and good men die like dogs. There's also a negative side."
          - Hunter S. Thompson

    8. Re:Two words, please!!!! by whitehatlurker · · Score: 1
      I presume you mean that the RIAA would be counter-sued for malicious persecution. (Word substitution intentional.)

      The RIAA seem to be like spammers - as long as the overall process is profitable, it really doesn't matter what the costs are for individual cases. (Whether it be karmic or financial.)

      --
      .. paranoid crackpot leftover from the days of Amiga.
    9. Re:Two words, please!!!! by Anonymous Coward · · Score: 0

      Barratry (the legal crime) does not exist in the US. It is a UK concept.

    10. Re:Two words, please!!!! by reptilicus · · Score: 1

      Close but not quite. The actual quote is:

      "The TV business is uglier than most things. It is normally perceived as some kind of cruel and shallow money trench through the heart of the journalism industry, a long plastic hallway where thieves and pimps run free and good men die like dogs, for no good reason."

      Originally published in the San Francisco Examiner, later reprinted in "Generation of Swine".

      Here's an article on the many distortions that have occured to this quote via the intarweb.

    11. Re:Two words, please!!!! by Anonymous Coward · · Score: 0

      /. aren't Jerky Boys fans I guess, those were funnier than 1's

    12. Re:Two words, please!!!! by Savantissimo · · Score: 1

      IANAL but it does in Maryland, at least. I believe it is a state crime mingled with laws on champerty and IIRC, with the prohibition on corporations practicing law. As a result all law firms are sole proprietorships, partnerships, or lately and perhaps illegally in some jurisdictions as LLCs. The surprising downside for lawyers is that they cannot sell their practices as doctors can.

      Of course there is the totally different case of barratry in the ancient and peculiar specialty of admiralty law, which also provides the proper legal definition of piracy.

      --
      "Is life so dear, or peace so sweet, as to be purchased at the price of chains and slavery?" - Patrick Henry
    13. Re:Two words, please!!!! by niktemadur · · Score: 2, Insightful

      Now that the US Supreme Court is completely tilted towards corporate interests for the next decade or two, maybe you shouldn't have been modded Funny, but Scary. I wouldn't bet against these idiots machinating the kind of farcical logic you've jokingly applied.

      Remember how just last week, right in the midst of the Alito rubber-stamp hearings, some justices were caught red-handed feeding from the corporate tit. All-expenses-paid trips for Scalia, a twenty thousand dollar bible for Scalia sidekick Thomas, among many other things. By the way, the retort was that the justices were not breaking the law, as the rules do not apply to justices the way they apply for congressmen.

      Therefore, all the RIAA has to do is pay for Alito's golf club membership and voilá!, this lady will have to pay damages for not downloading music, therefore causing distress to the corporations by screwing with their methods for collecting revenue via litigation.

      Oh (insert your favorite deity here), I need a drink...

      --
      Lil' Thindime, lilting a lacrimose lament, krashes the kwaint konfines of Kokonino Kounty
  2. That's pretty shocking. by montyzooooma · · Score: 5, Funny

    I mean she's NEVER used a computer?

    1. Re:That's pretty shocking. by Anonymous Coward · · Score: 5, Funny

      Me neither.

    2. Re:That's pretty shocking. by MichaelSmith · · Score: 4, Insightful
      I mean she's NEVER used a computer?

      Maybe she is 80 years old. Personal computers started to become practical when she turned 60. She has always been a Home Health Aide, and has never had to fill out an online timesheet or purchase order.

      I am sure there are lots of people like that out there, just that us geeks are not aways aware of them.

    3. Re:That's pretty shocking. by hhawk · · Score: 5, Insightful

      Sounds like some one in her home used her name/credit to buy Net Access leading them to sue her rather than whoever used the computer. Or perhaps this is a case of an identity thef!

      It is also of course factually wrong that she has never used a computer. People use them all the them. There are embedded system in microwaves, ovens, washing machines, medical devices, etc. It would be impossible for anyone but the Unibomber to have never used anything that contained a computer... of course they mean personal computer/PC.. well, they should say that..

      --
      http://www.hawknest.com/
    4. Re:That's pretty shocking. by Dystopian+Rebel · · Score: 5, Funny

      As improbable as it may seem, there remain some people who exist outside of the modern economy.

      I, for example, have never used a lawyer.

      --
      Rich And Stupid is not so bad as Working For Rich And Stupid.
    5. Re:That's pretty shocking. by Anonymous Coward · · Score: 0

      Only the very pedantic would call using something with an embedded processor "using a computer". To even argue it would be idiotic (yes I realise this is Slashdot)

    6. Re:That's pretty shocking. by BarryNorton · · Score: 5, Funny
      I mean she's NEVER used a computer?
      I know... like, how the hell does she pirate music and have meaningless arguments with strangers?
    7. Re:That's pretty shocking. by muszek · · Score: 5, Interesting

      My father (who is 55), had never used a computer until 2 years ago or so (sorry for poor grammar. "paster than past" tenses were always a nightmare for me). He just didn't have a reason to do it. Right now he's on the PC for most of his spare time, reading news, watching stock market (and making transactions), doing e-banking, searching for a new house (apparently that's not a task that might be accomplished faster than in 3 years), etc. I used to encourage him and now I have to pay for it. Whenever I visit them on weekends and try to do some work, all I hear is "are you done?", "would you please let me sit for a second?", "go help your mother" or "can you remove the snow from the driveway? now would be a good time". Last night he called asking whether he should restrain from logging into windows today (I can't get Skype to work under Ubuntu @ their place... some weird stuff happens). You know, that file-overwritting virus that's about to strike.

      The point is: he's not 80 and he was perfectly fine without ever touching a computer as recently as 2 years ago. It's just not a thing that a regular person can't survive without. Yet.

    8. Re:That's pretty shocking. by jbb1003 · · Score: 5, Interesting

      I'm pretty sure the only embedded processor my dad (58) uses is in the telephone, and that's only because I gave a him a digital model with answerphone to replace his old one. He doesn't have a microwave, I seriously doubt either his oven or washing machine have a processor in. He doesn't have an ATM card; he gets money out at the till. Partly because he's a builder, and partly because he wouldn't trust an ATM card (and given this is a slashdot, are you saying he's *wrong* there?), not to mention that he'd probably find it very hard to remember a PIN.

      As for medical devices, you generally have someone use them on you, you don't use them yourself, unless you guys in the US regularly conduct your own ECGs or something? (I'm in the UK).

      He knows of the existence of email and has asked me to send some for him in the past. But he didn't realise that I could email someone while they were away from home.

      Now this guy has a degree from Cambridge University, and speaks two languages fluently and two passably. So let's say he's above average...

      Now, how do I explain to my dad what I do at work?

      Ben

    9. Re:That's pretty shocking. by Fred_A · · Score: 4, Funny

      Well, I had a lawyer but it caught a virus and it crashed, so I switched to Linux.

      --

      May contain traces of nut.
      Made from the freshest electrons.
    10. Re:That's pretty shocking. by ThePengwin · · Score: 1

      My grandma's comming up to 80. and she emails me I doubt it is impossible for an old person to Download kazza or similar and download some songs.

    11. Re:That's pretty shocking. by Anonymous Coward · · Score: 0

      I'm betting the number of people who have never used a personal computer in the US would suprise those of us who have (ie, I suspect it's a significant percentage)

      World wide I'm sure it's easily the majority.

    12. Re:That's pretty shocking. by yamum · · Score: 1

      In a computing class at high school, we were taught the first computer was an abacus... Wonder if she's used one of those?

    13. Re:That's pretty shocking. by ladyKae · · Score: 1, Funny
      how the hell does she pirate music and have meaningless arguments with strangers?
      with a tape recorder and a telephone...?
      --

      Smile, it confuses people

    14. Re:That's pretty shocking. by MichaelSmith · · Score: 1
      My grandma's comming up to 80. and she emails me I doubt it is impossible for an old person to Download kazza or similar and download some songs.

      Absolutely. It is easy to find examples of technology phobic older people but this is just a way to demonstrate that some people in our communities can get by without computers.

    15. Re:That's pretty shocking. by Curien · · Score: 2

      Just FYI, your verb tenses were fine.

      --
      It's always a long day... 86400 doesn't fit into a short.
    16. Re:That's pretty shocking. by john83 · · Score: 0

      My dad's 55 and still hasn't ever used a computer. He just isn't interested, and he doesn't need to.

      --
      Strange women lying in ponds distributing swords is no basis for a system of government.
    17. Re:That's pretty shocking. by PunkOfLinux · · Score: 2, Funny

      file-sharing over an abacus network? "move this over this many units, then..."

    18. Re:That's pretty shocking. by dwater · · Score: 3, Funny

      Grammar nazi's strike again. Oh, wait...

      --
      Max.
    19. Re:That's pretty shocking. by Anonymous Coward · · Score: 0


      Now, how do I explain to my dad what I do at work?


      Tell him you read the electronic newspapers and tabloids while looking at the electronic playboys in your spare time.

    20. Re:That's pretty shocking. by Anonymous Coward · · Score: 0

      with a tape recorder and a telephone...?

      No. I'm pretty sure she had plenty of access to computers at her workplace, friends homes, Wal-Mart (take a look at the cash registers some time: aha! computer!). In fact, unless she drives a 15+ year old vehicle, the odds are she has a computer in her car too.

      In Soviet America, computer uses you!

    21. Re:That's pretty shocking. by kahei · · Score: 1, Offtopic

      Your tenses are correct. I hereby award you the Grammar Star! Don't bend the corners -- it is only made of cardboard wrapped in tinfoil :(

      By 'paster than past' you mean the pluperfect tense. You also mean 'more past than past' :)

      --
      Whence? Hence. Whither? Thither.
    22. Re:That's pretty shocking. by Orgazmus · · Score: 1

      My dad is 50, and he's a programmer :)
      But, he doesnt have a clue outside his programming world.

      --
      The system had the verbosity of HTML combined with all the readability of compiled assembly viewed as bitmap images
    23. Re:That's pretty shocking. by mike2R · · Score: 0, Troll

      Shouldn't that be "are fine"?

      /ducks

      --
      This sig all sigs devours
    24. Re:That's pretty shocking. by Eldorian1979 · · Score: 1

      My dad was 60 (just died a few months ago) and never touched a computer or turned one on and never had a desire to do so. He owned his own carepentry business and did everything with paper... invoices, taxes, everything. He said it was easier than trying to learn a new system.

    25. Re:That's pretty shocking. by Anonymous Coward · · Score: 1, Funny

      I also use windows....

    26. Re:That's pretty shocking. by Britz · · Score: 1

      Skype and Ubuntu

      can't get it to work, because Skype has not put out a new package for a very long time

      they have a dependency for a lib that was renamed

      so either you download the debian package and then unpack it, fix the dependency and rename it (it's libqt)

      or use alien on the madrake package

      1 download the RPM for Mandriva,
      2 convert it from rpm to deb with alien: sudo alien -d skype-1.2.0.21-1mdk.i586.rpm
      3 install it: sudo dpkg -i skype_1.2.0.21-2_i386.deb

    27. Re:That's pretty shocking. by tommten · · Score: 5, Funny

      In corporate America, The lawyers use you!

      couldn't let that one slip by :p

      --
      - I choked on the red pill and now I'm stuck in limbo
    28. Re:That's pretty shocking. by bcattwoo · · Score: 3, Interesting
      Does he drive a car made in the last 20 years? That undoubtedly has some kind of "computer" in it.

      That said, it's amazing how many slashdotters think that playing dumb and ignorant of the contextual or common meaning of a word or phrase makes them appear really smart.

    29. Re:That's pretty shocking. by Anonymous Coward · · Score: 0
      Forget that there's people that who've never used a computer...
      Just FYI, your verb tenses were fine
      That is shocking. Did I log out of /. ??
    30. Re:That's pretty shocking. by Dachannien · · Score: 3, Funny

      Well, I had a lawyer but it caught a virus and it crashed, so I switched to Linux.

      I hear the Open Briefs movement is really picking up steam these days.

    31. Re:That's pretty shocking. by Anonymous Coward · · Score: 0

      My grandma's comming up to 80. and she uses a beowolf cluster to download and distribute pr0n.
      My grandma kicks you grandma's ass.

    32. Re:That's pretty shocking. by avdp · · Score: 1

      My dad, who is 56, has never used a computer (as long as you don't count the 2 hours I tried to convert him to using one of my old laptops - which of course, never happened). He just doesn't need it at all, professionally or personally. I wanted to do email with him so that I can send pictures of my toddler to him every now and then. At the end, it's hard to justify paying monthly ISP fees for that. So, he still doesn't use or need a computer. I just snail mail him a few pics every now and then. And call him on that new-fangled telephone thingy! Who thought you could actually hear somebody's voice long distance... I thought instant messaging was the best one can do.

      So to answer your question, yes - it's very believable to me.

    33. Re:That's pretty shocking. by BVis · · Score: 1

      uhh...

      --
      Never underestimate the power of stupid people in large groups.
    34. Re:That's pretty shocking. by clickster · · Score: 1

      Neither had my father until a few years ago. He still doesn't own one, but occasionally has to use one at work, but rarely and he only knows how to do EXACTLY what he is shown.

      --
      If you mod me down, I shall become less powerful than you could possibly imagine.
    35. Re:That's pretty shocking. by peetola · · Score: 0

      I am sure there are lots of people like that out there, just that us geeks are not aways aware of them.

      Next you're going to tell us about that "Sun" thing again!

    36. Re:That's pretty shocking. by Dare+nMc · · Score: 1

      > it's amazing how many slashdotters think that playing dumb and ignorant of the contextual or common meaning of a word

      Also amazing when the story says computer, and clearly means a P.C. that a few will get all anal about a couple jokes making fun of that typo, and completly miss the obvious irony.

    37. Re:That's pretty shocking. by burner · · Score: 1

      Use the PLF repository for ubuntu:

      ## http 100mbit/s mirror provided thanks to OVH http://ovh.com/
      deb http://packages.freecontrib.org/ubuntu/plf/ breezy free non-free
      deb-src http://packages.freecontrib.org/ubuntu/plf/ breezy free non-free

      --
      MRSH-Recording device, corned beef sandwich with kraut, seafaring bird, and the foamy top of a beverage.
    38. Re:That's pretty shocking. by voice_of_all_reason · · Score: 1

      I just wanna know what the heck a "paster than past" tense is

    39. Re:That's pretty shocking. by pesachzon · · Score: 1

      Not so shocking if you work in a job that doesn't require it. Think about it.

    40. Re:That's pretty shocking. by Pig+Hogger · · Score: 2, Interesting
      Sounds like some one in her home used her name/credit to buy Net Access leading them to sue her rather than whoever used the computer. Or perhaps this is a case of an identity thef!
      I was actually accused of identity theft because of an ISP ineptitude.

      I moved to a friend's place some years ago, and when he decided to move out, he transferred his phone line and DSL service to me. As can be expected, the ISP did not do the transfer properly (even though it is a division of the phone company), and for about 2 years, I accessed the Internet under my ex-roomate identity.

      Then, a spammer I LARTED several times took up a fight with me, and complained to the police for "harasement" (sic). The police went after the wrong guy (who was long gone abroad) for very long before eventually getting my real identity, thanks to phone company stupidity. I eventually learned that they did not press charges against me because they were overworked and underbudgeted...

      I finally changed ISPs when the ISP dumped me because I was running a website on my DSL line, and I went to a co-op.

    41. Re:That's pretty shocking. by sjames · · Score: 1

      of course they mean personal computer/PC.. well, they should say that..

      Most people who have never used a PC simply don't know that most appliance controllers these days ARE embedded systems. They think of an ATM as a 'machine', not an embedded computer terminal. Of course, it COULD be that she doesn't use ATMs, and owns a 'radar range' from the '70s that indeed, doesn't have a computer. I know my old washing machine uses a purely electro-mechanical sequencer as does my dishwasher. It may also be that someone else puts gas in her car for her (or she may use public transportation).

      Of course, the fact that she doesn't recognize those things as computers would tend to back up her claims that she wouldn't know anything about p2p apps and music sharing over the net in general.

    42. Re:That's pretty shocking. by catman · · Score: 1

      A bit like me then, I'm 63 - a programmer and sysadmin and haven't a clue to the outside world ... Asperger's, anyone? The diagnosis didn't exist when I was a kid .

    43. Re:That's pretty shocking. by Anonymous Coward · · Score: 0

      oddly enough it happens. short story - i was deploying low end pc's with citrix clients to replace some IBM thin clients that needed to go elsewhere and one of the employees who was using the thin client had never used anything but a thin client...didn't know what a start menu was or how to click on icons to launch apps, no clue. and this was at a business in an accounts receivable department. go figure, i don't know how you would avoid it these days.

    44. Re:That's pretty shocking. by kadathseeker · · Score: 1

      That's actually extremly accurate

      --
      The 'Net is a waste of time, and that's exactly what's right about it. - William Gibson
    45. Re:That's pretty shocking. by SchrodingersRoot · · Score: 1

      I hear the Open Briefs movement is really picking up steam these days.

      What does the Catholic church have to do with the RIAA?
      .
      .
      .
      Actually...

    46. Re:That's pretty shocking. by emmaussmith · · Score: 1

      As far as public transportation goes, newer busses made in the last 5-10 years have a lot of computing hardware in them. The vehicles I now drive (El Dorado National) has every system "multiplexed" through the same wiring harnesses with all sorts of interlocks that are controlled by microchips. I'd be willing to guess that they have more chips than my PC does. Every panel you remove has a huge bundle of wiring all with a LED status indicator.

    47. Re:That's pretty shocking. by Anonymous Coward · · Score: 0

      In general, people in the healthcare professions, according to a friend of mine who works in healthcare, are astonishingly computer illiterate.

    48. Re:That's pretty shocking. by LWATCDR · · Score: 2, Insightful

      "That said, it's amazing how many slashdotters think that playing dumb and ignorant of the contextual or common meaning of a word or phrase makes them appear really smart."

      True but it allows the discussion to wander into how many embedded devices there are and what is meant by the meaning of use.

      Then you have the other people saying this person or that person doesn't use devices that have embedded cpus in them which then leads to what do you mean by use.

      Do you use the CPU in the stop light when you drive?... Oh never mind but good point :)

      --
      See my blog http://ilovecookes.blogspot.com/ for light hearted technical information.
    49. Re:That's pretty shocking. by iezhy · · Score: 1

      that should't be so shocking in country where about 14% atults are functionally illiterate

    50. Re:That's pretty shocking. by geobeck · · Score: 1

      I thought lawyers were the virus?

      --
      Find environmentally and socially responsible products on http://buy-right.net
    51. Re:That's pretty shocking. by ngoy · · Score: 1

      Case in point, my aunt (who lives down the street), has no microwave. She recently needed a new gasket for her pressure cooker (which must be close to 20 years old or more). Which I found online btw. She has no cell phone, but does have one tv (with a remote even) and a dishwasher. What she also doesn't have? An answering machine, or a portable phone. She has this funky thing on her wall that has a round disk on it with numbers underneath the holes in the disk. You put your finger in the hole and rotate it to the right for each number you want to dial.

      Unbelievable isn't it? All this technology but there are still people out there with ROTARY PHONES. Amazing, but true.

      --
      --ngoy
    52. Re:That's pretty shocking. by kimvette · · Score: 1

      Your school is wrong, if you really want to get anal and claim she has used computers. The first computer ever used was likely the human body (adding/subtracting using fingers and toes)

      --
      The Christian Right is Neither (Christian nor right). See: Matthew 23, Matthew 25, Ezekiel 16:48-50
    53. Re:That's pretty shocking. by Anonymous Coward · · Score: 0

      I hear the Open Briefs movement is really picking up steam these days.

      I wear boxers, you insensitive clod!

    54. Re:That's pretty shocking. by soft_guy · · Score: 1

      Does he drive a car made in the last 20 years? That undoubtedly has some kind of "computer" in it.

      No, he drives a Ford Model "A" pickup truck that he has fastidiously kept in good working order since buying it new.

      --
      Avoid Missing Ball for High Score
    55. Re:That's pretty shocking. by atomico · · Score: 2, Interesting

      Ahhh, English, so few tenses to choose from... in fact, a blessing. In my mother language (Spanish, but I believe this applies to most languages derived from Latin), we have "almost past", "paster than past (refering to an action that happened before the one you are telling, which was also in the past)", "almost paster than past", the subjunctive tenses, the "future-past" (something that will have finished when THIS other actions takes place)...

    56. Re:That's pretty shocking. by Jugalator · · Score: 2, Funny

      So you basically mean that an avian carrier brought the necessary IP datagrams to the Slashdot web server?

      The obvious question is then, was it a european rock dove, or a ...

      Err, I mean, did it use the experimental QoS extension as well?

      --
      Beware: In C++, your friends can see your privates!
    57. Re:That's pretty shocking. by muszek · · Score: 1

      It was rather something with a sound device (some crap that came with a mobo). On my own box, I have PLF version. I think that I installed Skype via Easy Ubuntu, Automatix or something like that (can't check now, they're behind a firewall).

    58. Re:That's pretty shocking. by muszek · · Score: 1

      It's been a while since I attended English lessons, so I can't remember the name of this tense... I meant a tense that is related to 'past simple' in the same way as 'present perfect' is to 'present simple' (50% chance I screwed names here ;) ), so a tense used to denote something that happened any (not specific) time before some specific moment in the past. Could it be past perfect?

    59. Re:That's pretty shocking. by soft_guy · · Score: 1

      Sounds like some one in her home used her name/credit to buy Net Access leading them to sue her rather than whoever used the computer. Or perhaps this is a case of an identity thef!

      Right. We must assume this because it is beyond possible that the RIAA could have made a mistake, like getting someone's name or address wrong.

      --
      Avoid Missing Ball for High Score
    60. Re:That's pretty shocking. by soft_guy · · Score: 1

      That will teach you to interfere with someone's legitimate spam business.

      --
      Avoid Missing Ball for High Score
    61. Re:That's pretty shocking. by jburroug · · Score: 1

      What's wrong with rotary phones? Hell I have a pair old (60+) Western Electrics I use on a daily basis. Through my Vonage service no less, which required a pulse-DTMF converter and some rewiring of the phones themselves to get them to ring properly. In any case, don't knock those old phones too much, they are marvels of engineering that any geek should appreciate, especially how they are engineered to be easy to service and repair. More comfortable and reliable than any stupid cordless piece of crap phone I've ever used to boot.

      Besides why bother upgrading just for the sake of upgrading? If a rotary meets your needs and you don't care about all the new features available (which I don't) why waste the money?

      For the record I also don't have a microwave anymore and many of the appliances and tools that I own are older than me and IMO work better than thier modern equivilents, like most of my handplanes or the handsaw I just bought that was made 100 years before I was born (I'm 27) etc...

      The point of this off topic rant? Just because a technology is new doesn't mean that it's better or better suited to every task than the older way of doing things.

      Cheers,

      Josh

      --
      "Listen: We are here on Earth to fart around. Don't let anybody tell you any different!" - Kurt Vonnegut
    62. Re:That's pretty shocking. by StarWreck · · Score: 1

      My grandparents are only in their 60's and have never even seen a computer outside of a store like Wal-Mart before. The only computers they've seen being used are Cash-Registers. They live on a farm in Iowa.

      --
      ... and in the DRM, bind them.
    63. Re:That's pretty shocking. by Anonymous Coward · · Score: 0

      I'm not sure I want to be sharing briefs with anyone. Especially techies.

    64. Re:That's pretty shocking. by jasonditz · · Score: 1

      But they're probably getting the name and address from an ISP in the first place.

    65. Re:That's pretty shocking. by voice_of_all_reason · · Score: 1

      Yes, that's it. According to Wikipedia:

      past perfect (pluperfect) I had gone. This expresses that an action was completed before some other event

      I thought it was some exotic, seldom used tense, but I use this one all the time :)

    66. Re:That's pretty shocking. by Cro+Magnon · · Score: 1

      My mom's not quite 80, and she's almost never used a computer. She's certainly never used a PC and doesn't plan to. She does occasionly ask me to order something for her online or research something for her, but that's it.

      --
      Slow down, cowboy! It has been 4 hours since you last posted. You must wait another few hours.
    67. Re:That's pretty shocking. by empaler · · Score: 1
      ...while looking at the electronic playboys in your spare time.

      I prefer the playgirls... But that's just me!

    68. Re:That's pretty shocking. by operagost · · Score: 1
      That thing doesn't even have hydraulic brakes!

      So, since the model A was last produced in 1931, I take it your dad is over 90 years old? Congrats to him.

      --

      Gamingmuseum.com: Give your 3D accelerator a rest.
    69. Re:That's pretty shocking. by operagost · · Score: 1
      You incorrectly used a possessive ("'") where a plural was required.

      Sorry, couldn't help myself. *self-flagellates*

      --

      Gamingmuseum.com: Give your 3D accelerator a rest.
    70. Re:That's pretty shocking. by Anonymous Coward · · Score: 0

      Well, I have never used a woman....

      But that doesn't make me special at slashdot.

    71. Re:That's pretty shocking. by Mikkeles · · Score: 1
      1931 was the last model year. The Model "A" pickup was produced through March, 1932.

      So, his father may 'only' be 89 ;^) (if he bought the truck at 15).

      --
      Great minds think alike; fools seldom differ.
    72. Re:That's pretty shocking. by Feanturi · · Score: 2

      You speak truly, for as a tech support geek one does indeed encounter the elderly on their very first flight, it does happen often enough to notice that there are still people who have never used a computer before. What is more surprising are the times when someone obviously much younger, say 30's - 40's are in that very same situation.

    73. Re:That's pretty shocking. by Bob+4knee · · Score: 1
      Now, how do I explain to my dad what I do at work?

      I tell mine I play piano in a brothel. Really I'm a security guy at microsoft, but I don't want to burden him that.

    74. Re:That's pretty shocking. by Deadstick · · Score: 1

      "just fine"? Grammar Nazi? Looks more like a grammar humanitarian to me.

      rj

    75. Re:That's pretty shocking. by Coltman · · Score: 1

      Such geeks like us would find it hard to live a day without finding a computer somewhere in our days. But I can tell you without a doubt that my grandmother has never used an actual computer. You would even be hard pressed to find a calculator in her home. She doesn't even drive and walks to the bank to talk to a teller to do all her banking.

      In her life she was an RN and only administered the drugs to patients, dealt with bed pan stuff and all that glory. Ward clerks and pharmasists(sp?) gave her the drugs to administer and that was it. She retired in the late 70s before computers were common place. The only thing she has that is even close is her TV with basic cable.

      In small towns I think that this is far more common that people think. The elder generation never had need of computers, and mostly still don't.

      My grandparents on the otherside of the family, however, are Zelda nuts and are spending all of retirement playing Zelda and downloading MP3s to listen to. HA!

      --
      - my $.02? - you can't have it...it's all I have!!
    76. Re:That's pretty shocking. by hhawk · · Score: 1

      Most builders and contruction types (at least on this side of the pond) have lots electric power tools encluding many that are battery powered and I'm would think there are some computers in those as well..

      --
      http://www.hawknest.com/
    77. Re:That's pretty shocking. by hhawk · · Score: 1

      As for medical devices, she is/was a home aid worker so was thinking she might have use of a heart monitor or blood sugar monitor or even a electronic home scale...

      --
      http://www.hawknest.com/
    78. Re:That's pretty shocking. by dptalia · · Score: 1
      Up until her 75th birthday, when we got her a microwave, my grandmother had never used a computer. She has a rotory dial phone, her stove is over 50 years old, she has a wind up watch. We bought her a digital alarm clock last year and we still have to set it for her. My father bought her her VCR, which she never uses (he does when he comes to visit). It is still possible to live without computers.

      Oh, and her car? Want to take a guess at it's age/lack of computers?

      --
      Genius is one percent inspiration and 99 percent perspiration, which is why engineers sometimes smell really bad.
    79. Re:That's pretty shocking. by Anonymous Coward · · Score: 0
      I hear the Open Briefs movement is really picking up steam these days.

      I prefer boxers, and I think I'll keep them closed, thank you very much. :-)

    80. Re:That's pretty shocking. by Anonymous Coward · · Score: 0
      That said, it's amazing how many slashdotters think that playing dumb and ignorant of the contextual or common meaning of a word or phrase makes them appear really smart.

      But I think the reference to microwaves and medical devices is apt when discussing music piracy. I don't know how the microwaves work on your planet, spaceman, but I've been running a P2P client on mine for years. And the colonoscope used for my recent colonoscopy was a bit unresponsive because one of the nurses was using it to download Metallica's "Ride the Lightning." Not really my kind of album, by the way.

    81. Re:That's pretty shocking. by MichaelSmith · · Score: 1
      What is more surprising are the times when someone obviously much younger, say 30's - 40's are in that very same situation.

      Yes, my brother in law would be in that category. He used my internet connection to apply for a job online. I could see how uncomfortable he was with the structure which the application form enforced.

    82. Re:That's pretty shocking. by MichaelSmith · · Score: 1
      What's wrong with rotary phones? Hell I have a pair old (60+) Western Electrics I use on a daily basis.

      A friend of mine has a really old phone on the wall behind the bar in the room he uses for entertaining. This is a big wooden box with the microphone attached to the box and the earpiece on a separate cord. It has a hand crank generator on the side. I think it is wired to his intercom system or something.

      His brother came by it while working as a repair guy for a telco company. He installed a new phone for this old couple in the country and offered to remove their old unit for free.

    83. Re:That's pretty shocking. by fbjon · · Score: 1
      Who thought you could actually hear somebody's voice long distance... I thought instant messaging was the best one can do.
      I know you're joking, but voice calls/chats are infinitely better than pure text, and will always be. Video is still gimmicky though.
      --
      True confidence comes not from realising you are as good as your peers, but that your peers are as bad as you are.
    84. Re:That's pretty shocking. by Anonymous Coward · · Score: 0

      I've never used a cell phone.

    85. Re:That's pretty shocking. by swv3752 · · Score: 1

      If you have made a call in the last 20 years then you have used a computer regardless of what type of telephone you have. Since we have gotten rid of the manual switchboard operators, the automatic switching systems have been computerised.

      --
      Just a Tuna in the Sea of Life
    86. Re:That's pretty shocking. by Anonymous Coward · · Score: 0

      What is with these Open brief movement people anyways? What are they trying to prove? that they are too cheap to replace thier underwear that has a hole in the front? GET A JOB YOU BUMS!

    87. Re:That's pretty shocking. by brre · · Score: 1
      What I find shocking: every reply I see in this thread implicitly concedes that use of a computer leaves the user open to accusations of theft of copyrighted material.

      Why are we allowing this recording industry FUD to pass unchallenged?

      OK, let me be the first to challenge it: using a computer, owning one, turning it on, are not evidence of a crime.

      It is handy that this case has demonstrated the absurdity and ugliness of recent recording industry behavior.

      But at no point should we be conceding that this leaves everyone who has used a computer somehow suspicious.

      The fact is probably quite the other way around. My guess: most computer users have never listened to a recording for which they have not paid, or which does not otherwise fall into lawful use.

      So why are we discussing this as if we conceded that computer use was a well known precursor to theft of intellectual property?

      And by the way, I acknowledge that the recording industry owns its intellectual property, and that unauthorized distribution of same is theft, not "file sharing"; it's just plain theft, and I see no reason not to call a spade a spade here.

      What I take exception to is the presumption that computer use is reason to suspect that theft.

      And what I find shocking: I see not one /. reply in this thread that identifies this presumption. No, everything I'm seeing pretty much goes along with it.

    88. Re:That's pretty shocking. by AmPz · · Score: 1

      Battery powered tools like screwdrivers and such don't generally have any processors in them. They are very simple devices.
      There are however more advanced construction tools like laser distance measurement devices and digital calipers. These do have built in processors.
      One could also claim that a pocket calculator is a computer. (They may or may not contain a generic processor, but all calculators do "compute") Most people have used those.
      Modern cars have about 20 built in computers on average.
      TVs, DVDs, digital set-top-boxes and other such home entertain systems obviously contains at least one processor each.

    89. Re:That's pretty shocking. by Anonymous Coward · · Score: 0

      You can build a TV without having a computer in it! An (analog) TV isn't that complicated. Also, they were invented before computers... Same for radios.

      I think you can make a VHS player without one too, but I'd say that almost all of them willl have one in.

      If this guy watches analog TV and listens to audiocassettes, or just reads books, he might not have any computers of any kind.

    90. Re:That's pretty shocking. by dptalia · · Score: 1

      Sure, and if you've bought anything at the supermarket you've used a computer too... Unless you live in a grass hut in the middle of no where your life has been touched by computers - probably the guy in the grass hut too. But there's a limitation to what's reasonable. I say anything you directly touch, but not something that interacts with what you use.

      --
      Genius is one percent inspiration and 99 percent perspiration, which is why engineers sometimes smell really bad.
    91. Re:That's pretty shocking. by hhawk · · Score: 1

      Wouldn't any electronic device w/ an advanced battery system and integrated charging system have a microprocessor for "intelligent" charging?

      --
      http://www.hawknest.com/
    92. Re:That's pretty shocking. by neo · · Score: 1

      Well, there was that one time with a Sinclair ZX80, but does that really count?

    93. Re:That's pretty shocking. by Anonymous Coward · · Score: 0
      I hear the Open Briefs movement is really picking up steam these days.

      That just flys in the face of modern capitalism! You'd better zip it before they have you brought in for questioning.

    94. Re:That's pretty shocking. by Hognoxious · · Score: 1

      Subjunctive is a mood, not a tense. Oh, and passive and active are voices.

      --
      Confucius say, "Find worm in apple - bad. Find half a worm - worse."
    95. Re:That's pretty shocking. by atomico · · Score: 1

      Subjunctive is a mood

      Which has SIX tenses in the language I was talking about. Each of them with its own nuances of course...
    96. Re:That's pretty shocking. by Anonymous Coward · · Score: 0

      Has a != is a.

  3. How... by Parham · · Score: 5, Interesting

    How they managed to find this woman and sue her is beyond me... It just goes to show you that you can't get away from the RIAA even if you've never used a computer in your life. They managed to find one of only a handful of people who has never used a computer and sue her... I should be scared for my parents right now.

    1. Re:How... by Flyboy+Connor · · Score: 3, Insightful
      How they managed to find this woman and sue her is beyond me...

      Oh, that is simple. The RIAA imagines that everyone uses a computer and shares music, and is therefore a thief. And when they have convinced themselves of that, they just have to open the phonebook and pick any name to sue.

    2. Re:How... by shark72 · · Score: 4, Insightful

      "How they managed to find this woman and sue her is beyond me..."

      Probably one of her kids, or somebody in her hourse, was doing the actual file trading, and this woman's name happens to be on the cable or phone bill.

      --
      Sitting in my day care, the art is decopainted.
    3. Re:How... by Basehart · · Score: 3, Funny

      She's obviously lying, or demented.

      Trading files all night long, then helping houses or whatever during the day.

      It happens all the time!

    4. Re:How... by smittyoneeach · · Score: 1

      They are true, these modern tales of woe.
      Thus, we must champion the cause of federalized bingo, as the relentless quest for security drives us to seek protection from lying, demented, file swappin' grannies!
      Our streets must be made safe for democracy, however conveniently re-defined!

      --
      Get thee glass eyes, and, like a scurvy politician, seem to see things thou dost not.--King Lear
    5. Re:How... by PHPfanboy · · Score: 3, Insightful

      This is pure brilliance! It's a dictionary spam mail attack with lawyers to back you up. Fantastic business model.

      It's like selling Cialis tabs/ Pen1s enlargement pills except the potential upside is much higher.

      I mean normally you're going to sic your lawyers on the spammers, but now our lawyers ARE the spammer (no Soviet Russia gags please).

      Put the RIAA on the NO SPAM list and you'll be fine.... or did I miss something?

      --
      29 mpg. YMMV.
    6. Re:How... by Jesrad · · Score: 1

      I think you've pretty much summed up her whole defense strategy !

      --
      Maybe we deserve this world ?
    7. Re:How... by surprise_audit · · Score: 0
      I should be scared for my parents right now.

      I rather hope they go after my parents - they're both dead and buried... With luck, the RIAA lawyers would disappear into the afterlife and never be seen again... :)

    8. Re:How... by PCeye · · Score: 2, Insightful

      You can sue anybody for just about anything, however it doesn't mean you will win.

    9. Re:How... by csmiller · · Score: 2, Interesting
      I imagine either :-
      1. She has recently moved house, and the previous occupant downloaded the files, or
      2. She has cable TV, but not cable internet, and the ISP made a mistake, possibly they looked up the customer number for the IP number, then made a mistake when getting the customer details for that customer number.
      In either case, it's not the RIAA's direct fault.
      --
      It has become appallingly obvious that our technology has exceeded our humanity. --- Albert Einstein
    10. Re:How... by suwain_2 · · Score: 0, Redundant

      I have to admit that I'm not positive what a "home health aide" does, but I'm pretty sure it's not "helping houses."

      --
      ________________________________________________
      suwain_2 :: quality slashdot p
    11. Re:How... by HTL2001 · · Score: 1

      Marie Lindor, a home health aide who has never bought, used, or even turned on a computer in her life

      Unless the kid bought the computer, I doubt it.

      --
      By reading this, you have given me brief control of your mind.
    12. Re:How... by Serzen · · Score: 2, Informative
      A home health aide (in New York, they need to be certified, thus are CHHA) is an employee at a retirement home who does not have nursing certification, but usually does almost anything that the nurse can do. They wake and (depending on the (retired) individual's mental and physical state) help to dress the old people, make sure that they get meals on time, provide companionship, help them to shower and use the lavatory (particularly in the case of dementia paitents), pass out and make sure that medications are taken, etc.

      There are also some who provide in-home care for those individuals who still live in their own houses, cooking meals and going shopping, driving them to doctor's appointments, what have you; the CHHA stays with them during the day and the old person has the house to him/herself at night.

      My fiancée is a CHHA (she's 24 and working her way through school to get a teaching degree), and has held both kinds of positions, and typically does work with dementia paitents. But not all CHHA's are young: I know a woman who is in her 70s and does the same work.

    13. Re:How... by Senzei · · Score: 1

      Mrs Lindor, it seems you have been living two lives. One life you are Marie Lindor, home health aid for a respectable healthcare company. You have a social security number, pay your taxes, and you ... help your charges with their bedpans. The other life is lived in p2p file swapping where you go by the pirate alias "HotSexyNurse55" and have violated virtually every copyright law we have purchased in the last decade. One of these lives has a future, the other involves trying to deny that we are wrong.

      --
      Slashdot: Where anecdotes and generalizations can be freely substituted for facts, logic, or intelligence
    14. Re:How... by Senzei · · Score: 1

      Doesn't this raise questions about how much work the RIAA is (vs should be) putting into these proceedings though? I mean home health aids are not exactly rich, defending herself against this is going to cost a lot of money. Granted if she wins a settlement out of it she will make that back, but what if she has to pay her lawyers in the meantime?

      --
      Slashdot: Where anecdotes and generalizations can be freely substituted for facts, logic, or intelligence
  4. Attorneys fees by MichaelSmith · · Score: 1

    Looks like a nice steady income awaits Mr Morlan Rogers.

    1. Re:Attorneys fees by peteremcc · · Score: 0

      i'd say its more likely to be a nice steady income for her from the counter sue. ----- Peter http://peteremcc.wordpress.com/

    2. Re:Attorneys fees by Nom+du+Keyboard · · Score: 1
      Looks like a nice steady income awaits Mr Morlan Rogers.

      Hopefully all paid by the RIAA goons.

      --
      "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
  5. Never used a computer? by Himuanam · · Score: 1

    And the RIAA executive thought he was just having another wet dream!

  6. RIAA's investigative methods by bombboyer · · Score: 5, Insightful

    Doesn't this prove something about the RIAA's investigative methods? Let's assume that the woman is telling the truth, she has in fact never touched a computer in her life, therefore she has not downloaded the music in question. Meaning she has been FALSLY IDENTIFIED by the RIAA's investigative methods (whatever those may consist of).

    My question is, now that this obvious inconsistency has been exposed, what does this mean to those that have already been convicted? Isn't it to say, if you incorrectly fingered this woman as a pirate, how can you prove that you accurately identified me as a pirate?

    1. Re:RIAA's investigative methods by Carthag · · Score: 4, Interesting

      I can't even begin to figure out how they would identify her as a "pirate". I thought they usually went by IP addresses and such, but how can you tie one to someone who doesn't have a computer?

    2. Re:RIAA's investigative methods by HappyEngineer · · Score: 3, Interesting

      Has anyone been convicted? I thought that all of the RIAA cases were either settled or dismissed. Has any of these cases gone the distance?

    3. Re:RIAA's investigative methods by n54 · · Score: 5, Funny

      "Doesn't this prove something about the RIAA's investigative methods?"

      1. Rip pages out of telephone directory
      2. Pin to wall as darts target
      3. Throw dart
      4. Sue based on the result
      5. Profit!!!
      (6. Repeat)

      A tried and true business method :)

      --
      this comment is provided "as is" and without any express or implied legibility or congruity [...]
    4. Re:RIAA's investigative methods by Loconut1389 · · Score: 3, Insightful

      identity theft perhaps? (i dunno, just a possibility)

    5. Re:RIAA's investigative methods by Duhavid · · Score: 5, Interesting

      Name similarity.

      My mother used to get all kinda of harrasing phone calls
      because there was a women on her street with the same
      first and last name. The collections people would
      see on in ,
      and that was that.

      And they would always assume that what she was telling them
      was a lie to get them off her back.

      --
      emt 377 emt 4
    6. Re:RIAA's investigative methods by Anonymous Coward · · Score: 0

      It's not a criminal act.

    7. Re:RIAA's investigative methods by quokkapox · · Score: 1
      what does this mean to those that have already been convicted?

      Who's been convicted of piracy by the RIAA? There are plenty of people who've settled for $3000 or whatever.

      I've had it with this nonsense. I don't buy CDs from RIAA affiliates anymore and neither should anyone else.

      --
      it's a blue bright blue Saturday hey hey
    8. Re:RIAA's investigative methods by mano_k · · Score: 5, Interesting

      I remember reading about someone working for one of the big record labels in Germany letting something slip about the RIAA's tactics.

      He hinted that it was in their interessed to create such absurd cases so their "hunt for pirates" stayed in the news. If nothing like that happens, people will forget the whole thing and start downloading again, as the papers will not print headlines "RIAA still hunting!" a few month after the first anouncements.

    9. Re:RIAA's investigative methods by Anonymous Coward · · Score: 0

      My question is, now that this obvious inconsistency has been exposed, what does this mean to those that have already been convicted?

      No one's been convicted, as no one has been arrested. That is, the RIAA bringing a suit against you is a civil matter, not criminal.

      So most of those the RIAA have accused have settled. I personally wonder if a few refused to play ball and vowed to fight back in a public way and the RIAA quietly settled with them in exchange for their silence. I would guess-- but of course I have nothing to back this up so take it with a grain of salt-- that the RIAA knows they have a good thing going in that they have generated enough publicity to scare the casual downloaders (for example, parents are certainly paying more attention to what their kids are doing) and don't want to rock the boat by losing a high profile case.

    10. Re:RIAA's investigative methods by Kuukai · · Score: 3, Interesting

      Presumably the RIAA actually offers "overwhelming evidence" against the people it brings to court, which probably amounts to a fast-talking lawyer. I wish she would have waited until the last possible minute to disclose this piece of information before court, once the RIAA had its (marked) cards on the table she might have caught them lying through their teeth. Actually, I'm not quite sure how the process works, it's probable the RIAA needs to submit that evidence in order to accuse her. In which case, I hope the judge looks over the RIAA's papers very carefully...

      --
      Sendou Wave Kick!!
    11. Re:RIAA's investigative methods by shark72 · · Score: 4, Insightful

      "Let's assume that the woman is telling the truth..."

      "My question is, now that this obvious inconsistency has been exposed..."

      The page linked to is that of the woman's lawyer. "Let's automatically believe something the lawyer said" is the last thing I'd ascribe to the typical Slashdot reader. The fact that you're doing so, you're openly admitting it, and you're +5 is really quite astonishing. Well done, my good man. But in case you (and the people who modded you up) weren't aware, of course her lawyer is going to try to convince people that she's innocent. That's what lawyers are paid to do.

      "Isn't it to say, if you incorrectly fingered this woman as a pirate, how can you prove that you accurately identified me as a pirate?"

      The proper thing to do is to judge each case on its own merit. Some people the RIAA have sued have been caught red-handed. In other cases, there was a mistake. Again: judge each case on its own merit. This is how you would want to be treated if you were brought into court for anything, isn't it?

      --
      Sitting in my day care, the art is decopainted.
    12. Re:RIAA's investigative methods by CZA2006 · · Score: 0, Offtopic
      Isn't it to say, if you incorrectly fingered this woman as a pirate, how can you prove that you accurately identified me as a pirate?
      She said ARRR!!! But I don't think I've fingered you.. Or at least I hope not.
    13. Re:RIAA's investigative methods by bombboyer · · Score: 1

      Except in this case, it looks like it is feasible that the lawyer is telling the truth. She's 80 years old, PCs didn't become widespread (and ceratinly not practical) until she was about 60. I know plenty of 80 year olds in nursing homes that still listen to the RADIO, because they prefer it to TV. Not everyone is moving as rapidly into the "technology age" as Slashdot readers.

    14. Re:RIAA's investigative methods by theTerribleRobbo · · Score: 2, Funny

      > 1. Rip pages out of telephone directory

      You mean I'm immune to the RIAA if I don't have a landline or list my number in the phonebook? :P

    15. Re:RIAA's investigative methods by bombboyer · · Score: 1

      In addition, courts of law make extensive use of previous decisions as guidelines and precidence for current cases. See Sony v. Betamax for an example.

    16. Re:RIAA's investigative methods by Anonymous Coward · · Score: 1, Informative

      I igree, boycot RIAA altogether, meaning don't pirate the music either.

      Check your CD's/songs: http://www.magnetbox.com/riaa/

    17. Re:RIAA's investigative methods by wrmrxxx · · Score: 1
      what does this mean to those that have already been convicted?

      Hardly anyone (or maybe no-one?) has been convicted. They've just settled and paid damages because they can't compete with the RIAA's legal budget. If things never get tried in court, justice is not really done - it's just bullying. Punishing someone that has obviously done no wrong doesn't seem much worse than punishing someone who has never been shown to be guilty, as they should both be considered innocent.

    18. Re:RIAA's investigative methods by Plunky · · Score: 4, Funny
      Well, I'm not going to inquire what kind of social life *you* have if you claim to know plenty of 80 year olds in nursing homes..

      but funny aside, I am half that age and I listen to the radio, I prefer it to TV too!

    19. Re:RIAA's investigative methods by Anonymous Coward · · Score: 0

      "incorrectly fingered this woman as a pirate"
      not an image I wanted with my morning cup of coffee.
      aaaarrrgghhh jim lad.

    20. Re:RIAA's investigative methods by Deliveranc3 · · Score: 2, Interesting

      See the thing about people who follow the law blindly and don't realize that it should always be followed in spirit not letter is that they act holier than thou while at the same time breaking almost as many rules.

      Somewhere in your dark little mind is the niggling sensation "At least I'm not as bad as..." as you break EULA's don't read legal agreements, break driving laws, don't file every item on your income taxes... etc.

      Have you had your car checked for emissions? Might want to do that EVERY day...

      These law suits are charging people who wouldn't be buying the product anyway and unlike stealing they aren't costing the recording industry anything except better publicity and a few initial sales.

      The truth is Britney is a big star on radio and TV but she won't be on the internet, while these people are downloading music from these mainstream artists they are keeping their industry alive instead of building it's replacement.

      These lawsuits are very much like witch trials, charging people for something society doesn't really know anything about and hasn't decided what to do about because they're afraid it's going to get out of control.

      In this case the music industry is done,it's over,finished, kaput... so people aren't going to stop pirating until the next musical economy starts up.

      The chances of that new economy having space for lexus driving, music hating, marketting statistic driven executives is pretty slim and for most of the people on slashdot... We don't care. We won't miss them, they're not on stage they aren't doing sound checks and they aren't really helping to encourage artists who are great.

      What they are doing is building a marketing machine to ensure only their music reaches your ears... these lawsuits are just a continuation of that.

    21. Re:RIAA's investigative methods by drstock · · Score: 1

      It would have been a hell of a lot funnier if it wasn't true.

      --
      My other comment is funny
    22. Re:RIAA's investigative methods by Imsdal · · Score: 1

      I call urban legend on that.

    23. Re:RIAA's investigative methods by 1point618 · · Score: 2, Insightful

      The page linked to is that of the woman's lawyer. "Let's automatically believe something the lawyer said" is the last thing I'd ascribe to the typical Slashdot reader. I have to agree. Do a view page source on their website, and you'll see that the comments in the HTML are loaded with "keywords" so they'll get a higher pagerank. Something is fishy about the site, or the lawyers. Publicity stunt maybe?

    24. Re:RIAA's investigative methods by bm_luethke · · Score: 5, Insightful

      "The page linked to is that of the woman's lawyer. "Let's automatically believe something the lawyer said" is the last thing I'd ascribe to the typical Slashdot reader. The fact that you're doing so, you're openly admitting it, and you're +5 is really quite astonishing. Well done, my good man. But in case you (and the people who modded you up) weren't aware, of course her lawyer is going to try to convince people that she's innocent. That's what lawyers are paid to do."

      That's silly. First off Lawyers aren't supposed to lie. Yes, I know like any human they are motiated by money to some extent, but the original poster said "Let's assume" which means - well - to assume it's the truth. Given his statement if it turns out to be a lie then the rest is worthless. Like any "If..then.." statement the later clause is only relevant if the "if" part is true. That's basic programming logic and as a slashdot user I'n shocked you don't see this. It's amusing that you want the RIAA to have every case stand on it's own but lawyers in general to be derided. There is no reason to believe that this lawyer told the truth or lied, so for the sake of the original poster lets assume that he told the truth. In fact, based on your own logic you shouldn't have any rael opinion.

      "The proper thing to do is to judge each case on its own merit."

      Really, do you truly believe this? If so, were I the RIAA, I would sue everyone. Those innocent would go free, those guilty would face the consequences. I'm not anti-corperation by any means (not even anti-RIAA either), but I'm anti-stupid lawsuit (nothing says the RIAA can not become a useful member of society and I wish it would). The RIAA has shown in the past a willingness to blanket sue which should be punishable. Your past actions should be part of the lawsuits. Of course, if you are guilty then what you say is true (because the prosecution has a vendetta is no reason to get off if you broke the law), but in the case of the blatantly innocent and negligent lawsuit it *should* be part of your past history that you are willing to blanket sue. It becomes important then. A simple "Each case on it's own" only works in the case where each participant is acting in good faith, once one side doesn't it needs to be punished.

      "This is how you would want to be treated if you were brought into court for anything, isn't it?"

      No, after being the 100'th person who is wrongly accused and had to spend 10's of thousands in lawyers fees I would like the court system to slap the prosecution down. Wouldn't you rather that happen if you were one in a long line of wrongly accused?

      --
      ------- Sorry about the spelling, I suffer from two problems. Dyslexia makes it difficult to spell well, lazy makes it
    25. Re:RIAA's investigative methods by muszek · · Score: 1

      My sister has exactly the same first- and surname as a famous actress. She sometimes receives fanmail, which is usually funny as hell ("I'm 13 and there's so much we have in common" stuff) :)

    26. Re:RIAA's investigative methods by mwvdlee · · Score: 2, Interesting

      From a legal point of view, that method could prove fatal if proven true.

      Filing frivolous lawsuits is already a good way to get in trouble with the judges yourself, filing lawsuits which you know to be completely baseless cab get lawyers disbarred or worse.

      --
      Slashdot social media options: AIM, ICQ, Yahoo, Jabber and Mobile Text. Why no MySpace?
    27. Re:RIAA's investigative methods by Anonymous Coward · · Score: 0

      Julia Roberts? Seems about the most likely to me anyway. ^^

    28. Re:RIAA's investigative methods by Max+Threshold · · Score: 1
      I'd rather not be brought into court over some facetious bullshit in the first place.

      In fact, if it were something like this, I wouldn't even entertain it.

    29. Re:RIAA's investigative methods by rolfwind · · Score: 4, Funny
      He hinted that it was in their interessed to create such absurd cases so their "hunt for pirates" stayed in the news. If nothing like that happens, people will forget the whole thing and start downloading again, as the papers will not print headlines "RIAA still hunting!" a few month after the first anouncements.


      That's it! I want to sue the RIAA for deliberately trying to cause global warming!

      Proven past refute by my religion:
      http://www.seanbonner.com/blog/archives/001857.php
    30. Re:RIAA's investigative methods by Anonymous Coward · · Score: 0

      Pandora Peaks?

    31. Re:RIAA's investigative methods by somersault · · Score: 1

      I never watch TV anymore (watch DVDs/go online instead), and I listen to the radio in the car. I'm 22. You have something against the radio? BBC Radio is so much better than soap operas and reality TV, though if I were given the choice between the radio only, or satellite, I'd go for satellite because it has music channels too :)

      --
      which is totally what she said
    32. Re:RIAA's investigative methods by noamsml · · Score: 1

      If you don't buy RIAA CD's, you are obviously a dangerous pirate that steals music and ruins the artists' life!

    33. Re:RIAA's investigative methods by OzRoy · · Score: 1

      The message it really send is the RIAA are a bunch of incompetent wankers who wouldn't be able to find a real pirate if they tried to. So actually it's quite safe to pirate as much as you want.

    34. Re:RIAA's investigative methods by Jack+Sombra · · Score: 1

      "The proper thing to do is to judge each case on its own merit. Some people the RIAA have sued have been caught red-handed. In other cases, there was a mistake. Again: judge each case on its own merit. This is how you would want to be treated if you were brought into court for anything, isn't it?" Except thats just what the RIAA don't want. If they actually had to fight all these cases in court not only would probably bankrupt the music industry and also cause the collapse of the court system. All these cases are little more than highway robbery, with the courts and the costs of lawyers being the weapon of choice. Guilt or innocence has little to do with it As to this woman, it was probably "her isp" that screwed up, aka accepted a stolen credit card or fake name

    35. Re:RIAA's investigative methods by Jack+Taylor · · Score: 4, Interesting

      Reminds me of my boss, who goes by the name of John Shuttleworth. Now, he lives in a flat on the ground floor of a house which he owns. He rents the flat above to his nephew, who goes by the name of *drumroll* John Shuttleworth. We call the nephew "Junior" as a rule. Anyway, Junior went bankrupt due to some bad business decisions, and suddenly John Senior found himself not being able to use his credit cards anymore. He only managed to get them back after several heated phone calls...

      They did give him £50 (I think that was the amount) when they found out they'd got the wrong guy. I can sympathise with the bank though - same name, same address, must be the same person, right?

      --
      One good turn - gets all the covers.
    36. Re:RIAA's investigative methods by n54 · · Score: 1

      According to RIAA lawyers she was spotted with a big black hat and a parrot on her shoulder. They didn't say if she had a moustache as well :)

      --
      this comment is provided "as is" and without any express or implied legibility or congruity [...]
    37. Re:RIAA's investigative methods by surprise_audit · · Score: 1

      For a while, my wife was getting calls from collection agencies because her name matched someone elses in the phone book, and never mind that the addresses for the two names were on opposite sides of town. Mind you, mistaken identity can have its humorous moments - there's a zoo not far from here with my name, and it's always good for a giggle when I write out a check for the entrance fee.

    38. Re:RIAA's investigative methods by caffeinated_eric · · Score: 1

      Doesn't this kind of behavior qualify as racketeering? If so, I'd be interested to hear from someone with a legal background as to whether RIAA could be prosecuted under RICO (FindLaw: http://criminal.findlaw.com/crimes/a-z/racketeerin g_rico.html)

      Federal and state racketeering, profiteering, and RICO (Racketeer-Influenced and Corrupt Organization) laws make it illegal for criminal organizations to profit from any legitimate business operations. Many of these laws allow for the confiscation and seizure of the criminal organization's legitimate enterprise assets, and are typically used against known "organized crime" groups. The goal is to cripple the operation financially, and cut off sources of cash that support ongoing criminal activity.
      --
      Homer: "Oh Lord, I know I should not eat thee, but... mmm... sacri-licious!"
    39. Re:RIAA's investigative methods by smchris · · Score: 1

      Guy with my name moved in a block away maybe eight years ago. I hoofed a record club selection to him once and I never got a book I suspect went to him. Year+ later, after he's gone, I get a letter from some mother crying about how I broke her daughter's heart and demanding a response. Since she was apparently looking for satisfaction of the family honor, I figured she'd just write another gusher, so it seemed I had to response and tell her that she had, embarrassingly, unloaded on the wrong guy.

      But being a /.er I did enclose a printout of people in the state with my name.

    40. Re:RIAA's investigative methods by rograndom · · Score: 1

      Name similarity.

      My mother used to get all kinda of harrasing phone calls
      because there was a women on her street with the same
      first and last name. The collections people would
      see on in ,
      and that was that.

      And they would always assume that what she was telling them
      was a lie to get them off her back.


      Is that a haiku?

    41. Re:RIAA's investigative methods by Tim+C · · Score: 2, Insightful

      "Let's automatically believe something the lawyer said" is the last thing I'd ascribe to the typical Slashdot reader.

      You've got it wrong, that's not what the OP is doing. What they're doing is automatically believing something that supports their own beliefs, in this case that the RIAA is evil and/or stupid. That sort of thing I see all the time on slashdot, and indeed everywhere else.

    42. Re:RIAA's investigative methods by corbettw · · Score: 1

      Sometimes it can go the other way, too. I had a friend years ago named Henry. He was named for his dad, Hank. When Hank passed away, Henry started going by Hank in respect of his dad's memory. He was pretty surprised a few months later when he received an offer for a credit card with a $20,000 limit (at the time, that was about what Henry was making per year in the Navy). Turns out his dad had had much better credit, so he had inadvertently given himself a bump by taking over the nickname.

      --
      God invented whiskey so the Irish would not rule the world.
    43. Re:RIAA's investigative methods by dragmar · · Score: 1
      can't even begin to figure out how they would identify her as a "pirate"
      By the hat on her head and the parrot on her shoulder matey
    44. Re:RIAA's investigative methods by Anonymous Coward · · Score: 0

      first off saying that a lawyer is lying is liable and will get you sued. Saying that they are manipulating the truth to mean something completely different is perfectly legal and is what every client pays the lawyer to do.

      Saying that lawyers are liars and crooked is wrong.

      Saying that they all are full of human fecies up to their ears and are a drain on society is not.

      Get your termianology right.

      and you are better off making it into law-speak and throwing in some latin to confuse the common person for bonus points.

    45. Re:RIAA's investigative methods by Oligonicella · · Score: 2, Informative

      "No, after being the 100'th person who is wrongly accused and had to spend 10's of thousands in lawyers fees I would like the court system to slap the prosecution down."

      So you don't understand the difference in case types?

      Your rant is unwarranted by TFA. The defendant's attorneys have (from linkage) "requested a pre-motion conference in anticipation of making a summary judgment motion dismissing the complaint and awarding her attorneys fees under the Copyright Act."

      Punitive damages can be added by the judge. By the way, bear in mind the Copyright Act is referred to by the defense.

    46. Re:RIAA's investigative methods by Oligonicella · · Score: 1

      "Except thats just what the RIAA don't want."

      See, that may not be what the RIAA wants, but it's what they're getting. Only stupid people roll over and pay unwarranted lawsuits. Instead, a moderately intelligent person gets a lawyer and then the RIAA has it's suit judged on an individual basis. That's what's actually happening.

    47. Re:RIAA's investigative methods by geoffspear · · Score: 1
      Umm, why the hell do you think Sony would sue one of their own products?

      I'm sure we'll all be in a hurry to listen to your legal "insight".

      --
      Don't blame me; I'm never given mod points.
    48. Re:RIAA's investigative methods by MECC · · Score: 5, Funny

      "Name similarity."

      That's how the terminator did it....

      --
      "We are all geniuses when we dream"
      - E.M. Cioran
    49. Re:RIAA's investigative methods by geoffspear · · Score: 1
      The truth is Britney is a big star on radio and TV but she won't be on the internet

      Right, because she was only the 8th most popular search term on google for last year. She'll never be able to compete online with all the musicians ahead of her on that list. Well, all 2 of them, who happen to be brother and sister.

      Face it, people like crappy pop music, and your favorite indy artist isn't suddenly going to be more popular than crappy pop stars just because they're on the internet now.

      --
      Don't blame me; I'm never given mod points.
    50. Re:RIAA's investigative methods by Boronx · · Score: 1

      When my wife's father passed away, she turned up dead in all three credit reports because her first credit card was a joint account with her father. Never mind that she kept using all her other credit for years afterwards without a peep from the credit people.

    51. Re:RIAA's investigative methods by JourneyExpertApe · · Score: 2, Funny

      I can't even begin to figure out how they would identify her as a "pirate".

      Maybe she wears an eye patch and owns a parrot.

      --
      If you can read this sig, you're too close.
    52. Re:RIAA's investigative methods by Rob+the+Bold · · Score: 2, Insightful
      "Isn't it to say, if you incorrectly fingered this woman as a pirate, how can you prove that you accurately identified me as a pirate?"

      The proper thing to do is to judge each case on its own merit. Some people the RIAA have sued have been caught red-handed. In other cases, there was a mistake. Again: judge each case on its own merit. This is how you would want to be treated if you were brought into court for anything, isn't it?

      Well, one of the merits of the next case is that the plaintiff (RIAA) has a tendency to blindly point fingers at random individuals in hopes they'll find something illegal. I don't see any reason to adopt a "brand new day" policy when dealing with a litigant with a history of filing bogus suits.
      --
      I am not a crackpot.
    53. Re:RIAA's investigative methods by Mycroft_514 · · Score: 1

      I used to get calls from collection agencies for a guy with the same name who lived about 40 miles away, especially after the area code split. My area kept the one he used to have, and his area got the new one.

      I finally cured it by moving and going to an unlisted phone number. But these bozos found it hard to believe me EVEN WHEN I DIRECTED THEM RIGHT TO HIM.

    54. Re:RIAA's investigative methods by Anonymous Coward · · Score: 0

      "Isn't it to say, if you incorrectly fingered this woman as a pirate, how can you prove that you accurately identified me as a pirate?"

      Incorrectly fingered a woman? Come on, that one's too easy.

    55. Re:RIAA's investigative methods by Anonymous Coward · · Score: 0
      ...if you incorrectly fingered this woman as a pirate...


      Arrr- kinky.

      And don't feel too bad about doing it incorrectly- practice makes perfect.
    56. Re:RIAA's investigative methods by anothy · · Score: 1

      there's plenty of other ways that don't even involve facts, too. about a decade and a half ago, some bank somewhere in one of the Carolinas (i forget which) transposed some digits in some woman's social security number - making it match mine, instead. then they sent something with that on it to the credit agencies. spent about five years cleaning that up.

      or so i thought. went into a bank about two years ago (after mine got bought by another) to update my address and get a new card (required by the buyout). bank manager asks for my information and pokes at a terminal for a bit. after about a minute, he gets this funny worried expression on his face and says "who's [woman's name]?" 'course, i'd forgotten her name by now, so i said i had no idea, at which point he informed me that she was some woman in the Carolinas that had some tie to my account information that he couldn't figure out.

      i've still not gotten this round sorted out. thankfully, this woman's never had any credit issues, so it's not been a problem for me, but i'm wondering what's going to happen when she dies.

      --

      i speak for myself and those who like what i say.
    57. Re:RIAA's investigative methods by catman · · Score: 1

      Name similarity can be deadly - to innocent bystanders.

      One of the last times I left a pint at the blood bank, the nurse checked the papers before preparing to stick a needle in my arm. "You are katman, born $date, blood group B?" "No, I'm catman, born $other_date, blood group A." It so happens that my name is unique[0] except for one letter, and the other guy lay on another couch being asked the same question. Both nurses paled and said they would henceforth take the questions much more seriously ...

      [0] yes, unique in the world. Better than an SSN :-)

    58. Re:RIAA's investigative methods by valkyriekl · · Score: 1

      it's probably something closer to:

      dart hits a name, obliterates whatever letter(s) it hits
      RIAA then decides to sue everyone who could have any name like that, something like:

      $ sue "Patty Cl*ne"
          now suing Patty Clane
          now suing Patty Clbne
          now suing Patty Clcne
          now suing Patty Claane
          now suing Patty Claaane ...

    59. Re:RIAA's investigative methods by Garnaralf · · Score: 1

      This happens all the time to me. My wife and my mother have the same first name, but different middle names. (Mary Ann and Mary Lou) We get all kinds of credit card companies calling us, and my wife saying "but we don't have a credit card at your store. We don't even LIKE your store." And what makes things worse is that my parents live with us. No, not a "You're 40 and you still live with your parents" thing. They're old, so we take care of them.

    60. Re:RIAA's investigative methods by Jelfia · · Score: 1

      I knew a lady once that had never used a tv inn her life. And she wasn't that old, 30s. Also I know a lot of the people I talk to each day, that don't have or have never used a computer, and not all are older people.

    61. Re:RIAA's investigative methods by budgenator · · Score: 1

      There's a woman in a neighboring city who has the same first name, middle initial and last name as my wife. To further complicate matters, her drivers liciense and SSN differ by only one digit that easy to transpose on the keyboard. We've had tax-liens on our house due to her as well as some of her bounced checks charged to us. I'm sure we've paid some of her hospital bills by mistake.

      --
      Apocalypse Cancelled, Sorry, No Ticket Refunds
    62. Re:RIAA's investigative methods by Anonymous Coward · · Score: 0

      Yep. That's it. In my hometown (and outlying areas served by the same post office), there were no less than three other people with the same first and last name. Occasionally, poorly addressed mail would wind up mis-delivered. Funny thing is, I wasn't related within four generations (we gave up at that point) to the other three. I moved there when I was 7.

    63. Re:RIAA's investigative methods by shark72 · · Score: 1

      "That's silly. First off Lawyers aren't supposed to lie."

      Alas, but sometimes they do. Sometimes they're misleading. Sometimes they deliberately omit things to confuse the issue (as I believe is the case here in the lawyer's page you read). Sometimes the lying is subtle, but often you hear it when they say "my client is innocent, your honor" when the lawyer is pretty damn sure that the client is not.

      The lawyer's page requires that we use those critical reading skills we learned in high school. If something sounds untrue, it probably is. The exercise, left to the reader, is to examine the lawyer's claim and ask what isn't being said.

      "Really, do you truly believe this? [that each case should be tried on its own merits]"

      Indeed I do. Lots of people here have slippery-sloped this -- "if this woman is innocent, then everybody the RIAA has sued is innocent!" and the like. That might sound righteous on the face of it, but what if it were reversed? "Joe Teenager was caught with 5,000 pirated songs in his share directory. So, everybody the RIAA sues is probably similarly guilty!"

      "Each case should be tried on its own merits" is one of those truisms that extends beyond piracy, and beyond civil law. Think about some instances and I think you'll see what I mean. But in this instance... perhaps they have the wrong woman. Perhaps it was her kid who did the pirating, and you don't happen to believe that adults should be responsible for the actions of children under their care in civil cases. There are thousands of possible outcomes, none of which relate to any other given case.

      --
      Sitting in my day care, the art is decopainted.
    64. Re:RIAA's investigative methods by muszek · · Score: 1

      Sorry to disappoint you guys, but it's neither. Just a Polish actress that's very popular over here, but I don't think anywhere else.

    65. Re:RIAA's investigative methods by Rich+Road · · Score: 1

      eye patch, peg leg, and parrot.

    66. Re:RIAA's investigative methods by poot_rootbeer · · Score: 1

      My question is, now that this obvious inconsistency has been exposed, what does this mean to those that have already been convicted?

      My question is, who has been convicted? Don't the majority of people fingered by the RIAA admit their actions and voluntarily pay a few grand?

      My other question is, what crime would they be convicted of?

    67. Re:RIAA's investigative methods by Your+Pal+Dave · · Score: 1
      Name similarity can be deadly - to innocent bystanders.


      I once saw a doucmentary about a woman named Sarah Connor...
    68. Re:RIAA's investigative methods by budgenator · · Score: 1

      If the lawyer gets the summary judgement, he's saved his client a ton of money, and the work he already done is more profitable for him then what he'd get standing arround in a court facing a bunch of corporate lawyers. If he doesn't get the summary judgement, discovery could be very interesting.

      --
      Apocalypse Cancelled, Sorry, No Ticket Refunds
    69. Re:RIAA's investigative methods by Nom+du+Keyboard · · Score: 1
      That's it! I want to sue the RIAA for deliberately trying to cause global warming!

      You actually have a case. How many additional power plants have been built just to use their product on electrically powered equipment.

      --
      "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
    70. Re:RIAA's investigative methods by soft_guy · · Score: 1

      I wish she would have waited until the last possible minute to disclose this piece of information before court, once the RIAA had its (marked) cards on the table she might have caught them lying through their teeth.

      She can't do that. First of all, she probably wants to spend the least amount of money on defending herself as possible, not the most money. Second, she is trying to get the RIAA to pay her attorney fees. In order to collect these kind of damages, you need to do everything you can to minimize those damages. You can't run up the damages on purpose (such as the stunt you advocate) and then collect.

      --
      Avoid Missing Ball for High Score
    71. Re:RIAA's investigative methods by Carthag · · Score: 1

      pls to be posting more pirate cliches!

    72. Re:RIAA's investigative methods by Double_Dark · · Score: 1

      Something like this happened to my wife. She was in an apartment and a young woman moved in next to her with the exact same name. The woman wrote some bad checks and didn't pay some of her bills. My wife spent the next year getting hounded by the woman's creditors.

      The kicker was the woman got a ticket at a state park. The officer apparently didn't get enough information from her and the ticket ended up with my wife's information. She only hears about the ticket six months after they enter a final judgement against my wife. Fortunately my wife saves receipts and on the night the ticket was written my wife was two counties over. A lawyer and a grand later and no ticket.

    73. Re:RIAA's investigative methods by Ximok · · Score: 1
      I see a flaw in your logical assessment of this woman's lawyer:

      But in case you (and the people who modded you up) weren't aware, of course her lawyer is going to try to convince people that she's innocent. That's what lawyers are paid to do.


      What does this mean for the wolfpack of lawyers the RIAA has? Because this woman's lawyer may be lying, that must mean that the RIAA's lawyers are innocent.

      Corruption comes in numbers my friend.
    74. Re:RIAA's investigative methods by redcircle · · Score: 0

      My question is, now that this obvious inconsistency has been exposed, what does this mean to those that have already been convicted? The thing is no one has been convicted.. they all have settled out of court.

    75. Re:RIAA's investigative methods by The_REAL_DZA · · Score: 1

      Obviously they saw a hook, a parrot and an eye patch and jumped to the conclusion for which they were primed and ready.

      --


      This space intentionally left (almost) blank.
    76. Re:RIAA's investigative methods by Anonymous Coward · · Score: 0

      Sorry. That might appear to be reasonable at first blush but fails on the no-idiot test: If we assume that the RIAA lawyers are, in fact, not morons then I'd expect something like this to happen:

      Defense: My client has never owned a computer!

      RIAA: Never?

      Defense: Never!

      RIAA: Then why is there one in her home purchased on her credit card?

      At which point, the judge would (rightly) itch-slap the defendant (and probably defense counsel) for perpretrating a fraud upon the court. Further the defense attorney has to know this, and therefore it is extremely unlikely he would either come up with such a 'plan' or allow the defendant to convince him it was true, when it wasn't.

      Unless and until the RIAA offers some sort of proof that she lied and does, in fact, own a PC, then I choose to presume she's telling the truth. If it were a lie, it's one of the dumbest I've ever heard (on par with 'my invisible friend broke the vase, mommy').

    77. Re:RIAA's investigative methods by Anonymous Coward · · Score: 0

      Ok, what the crap is wrong with this world when RIAA is going after geezers for downloading number one. Number two, how insane is it that we're debating whether this 80 yr old actually did or did not use a computer in her life. SHE'S FREAKING 80!!! Give it a rest - damn! If that article is true and they are going after someone that age, RIAA really is the evil empire and needs to be stopped.

    78. Re:RIAA's investigative methods by stevesliva · · Score: 2, Interesting

      I have a friend with a name similar to "Bob Smith." Turns out another Bob Smith was born on the very same day in a different state. That other Bob Smith eventually got his license suspended in PA. Well, that makes things tough on my friend Bob Smith, because the national database of shitty drivers has only birthdate and name as identifying information. So in order to get a license, my friend has had to negotiate with the DMV in two separate states swearing that he was not the Bob Smith of PA, and that he in fact living in completely separate state at the time. If ever one feels glad that the Social Security administration has blessed us all with truly unique identifying numbers, I guess this is it. And as the John Shuttleworths in England might learn one you all start paying for your national ID cards, credit agencies just love using your SSN.

      --
      Who do you get to be an expert to tell you something's not obvious? The least insightful person you can find? -J Roberts
    79. Re:RIAA's investigative methods by Feanturi · · Score: 1

      has been exposed

      You missed the yet again on that phrase as this is not the first time their 'investigative methods' have been found sorely wanting or just non-existant. A granny with a computer already got attacked for the acts of her grandchildren; there was also that suit over an Usher.mp3 found on a college ftp server, that was actually a recording of the lecture of a Professor Usher. I'm wondering how much more of this is required before they get the discredit they are bucking for. It almost seems hopeless as they should have already been laughed out of any law office by now.

      But just as Jack Thompson has proved, you don't have to have any credibility to keep going on stupid crusades.

    80. Re:RIAA's investigative methods by Duhavid · · Score: 1

      I wish I could take credit for that, but no.

      I've just got an ugly habit of using the enter key.

      --
      emt 377 emt 4
    81. Re:RIAA's investigative methods by Anonymous Coward · · Score: 0

      Doesn't this prove something about the RIAA's investigative methods?
      Why, yes it does.

      Federal Rule of Civil Procedure 11 . . .
      (a) Signature. Every pleading, written motion, and other paper shall be signed by at least one attorney of record . . .

      (b) Representations to Court. By presenting to the court . . . a pleading . . . an attorney . . . is certifying that to the best of the person's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances,--
      (1) it is not being presented for any improper purpose, such as to harass . . .
      (3) the allegations and other factual contentions have evidentiary support or, if specifically so identified, are likely to have evidentiary support . . .

      (c) Sanctions. If . . . subdivision (b) has been violated, the court may . . . impose an appropriate sanction upon the attorneys, law firms, or parties . . .

      Go get'em, girl.
      YIIALBIANYL. GYOGDL. YMNO.

    82. Re:RIAA's investigative methods by Deadstick · · Score: 1
      Again: judge each case on its own merit. This is how you would want to be treated if you were brought into court for anything, isn't it?

      Only if I were innocent.

      rj

    83. Re:RIAA's investigative methods by TubeSteak · · Score: 1

      If they identified her as a Pirate, it probably had something to do with eye patches, or that Parrot she keeps on her shoulder.

      There are a lot of obvious signs once you know what to look for.

      --
      [Fuck Beta]
      o0t!
    84. Re:RIAA's investigative methods by vertinox · · Score: 1

      Some people the RIAA have sued have been caught red-handed. In other cases, there was a mistake.

      Umm... Let me remind you none... I repeat NONE of those cases have actually been ruled in court one way or another.

      All of them have been have been settled out of court for a nominal fee.

      See... Either way, it costs the person more to fight it in lawyer fees even if they are innocent so it usually ends up being cheaper to admit guilt and settle.

      So the truth of the matter is that RIAA is winning by default by "brute forcing" guilt onto these people. On occasion (like the dead women) they have relented, but none of their cases have ever seen the light of day in court.

      Is this justice?

      I think it is more on the lines of extortion.

      --
      "I am the king of the Romans, and am superior to rules of grammar!"
      -Sigismund, Holy Roman Emperor (1368-1437)
    85. Re:RIAA's investigative methods by Doug97 · · Score: 1

      For your own safety, never EVER incorrectly finger a pirate woman!

    86. Re:RIAA's investigative methods by Anonymous Coward · · Score: 0

      Oh! Sorry for harassing your Mom.

    87. Re:RIAA's investigative methods by Senzei · · Score: 1
      So you're saying the lawyers wrote the website? Maybe it was just the developers they contracted for it following what for them is SOP. Regardless the GGP started his comment by saying "Let's assume that the woman is telling the truth" which tells me that everything after that might, implicitly, be based on a belief that what the lawyer is saying is true.

      I knew most people on slashdot didn't read the articles and only browsed the summaries, but this is just plain ridiculous.

      --
      Slashdot: Where anecdotes and generalizations can be freely substituted for facts, logic, or intelligence
    88. Re:RIAA's investigative methods by mako1138 · · Score: 1

      Heh, I'll raise you one. I'm half your age and prefer the radio.

  7. Re:Digg repost by MobileTatsu-NJG · · Score: 0, Offtopic

    "Wasn't this posted to digg a few hours ago with almost the same wording?"

    So?

    --

    "I like to lick butts!" by MobileTatsu-NJG (#32700246) (Score:5, Informative)

  8. TV License Parallel by chris_bloke · · Score: 5, Interesting

    Reminds me of a colleague back in the UK who was taken to court for not paying his TV license fee - when asked what his defence was he responded "I don't own one".

    Apparently the judge was not amused with the prosecution for not having bothered to do even this minimal check!

    If this is the case (pardon the pun) with this action then I hope the RIAA get a really embarrasing and well publicised dressing down. Shame on them.

    1. Re:TV License Parallel by alan.briolat · · Score: 5, Informative
      ... I hope the RIAA get a really embarrasing and well publicised dressing down.
      Yes, we could hope that. The same way we hope for it every other time they do something REALLY stupid. Instead they will most likely drop charges, pay fees, and make up some story about how they were the "good guys" in all this allowing this person to not be financially ruined. If it was a normal person bring a claim against the defendant, it would be thrown out, but the RIAA keeps a few people in the legal system employed with the number of high-profile cases they keep bringing, so it isn't in their (the court's) best interest to publically humiliate one of their sources of work.

      In a fair world this would be subject to a painful (for the RIAA) counter-suit. But then again, in a fair world you wouldn't have corporations running around bankrupting whoever they felt like just to make an example of them in the first place.

      I for one welcome our new Corporate Overlords! Oh, they aren't new...
      --
      I swear we should be allowed to give mod points to sigs... "-1, Offtopic"
    2. Re:TV License Parallel by Anonymous Coward · · Score: 0

      Embarrassed? You don't know the RIAA.

    3. Re:TV License Parallel by Anonymous Coward · · Score: 0
      In a fair world this would be subject to a painful (for the RIAA) counter-suit.
      s/fair/litigous/
    4. Re:TV License Parallel by Space+cowboy · · Score: 1

      To be fair, I've been in the same situation. They send a few letters (4 or 5). They come around to the house. They send a final notice with instructions on how to notify them that you don't have a TV, and then they eventually issue a summons. I assume your friend was just as much of an arsehole as we were, and wanted to "stick it to the man". Hell, we were students, what was his excuse ?

      Back then (more years ago than I care to remember) it seemed pretty damn funny. These days, I (almost :-) blush to recall what we got up to ... all part of growing up I suppose.

      We railed against the system for forcing us to pay for a licence that we might not have wanted (actually there were 3 TV's in the house, just none when the TV inspectors came with their warrants). It wasn't right. There were plenty of opportunities to correct any mistake. Frankly it became something of a game *because* there were so many hoops you had to jump through to get to court... We had a daily bulletin-board message about it... yeah, this was before things like /. ...

      I guess the point I'm making is that you can disagree with the TV licence (but those that do don't tend to be those subjected to US TV!), but you have to go out of your way to actually be prosecuted. Frankly, given how easy it is to circumvent prosecution, I'm amazed *anyone* is successfully prosecuted...

      Simon

      --
      Physicists get Hadrons!
    5. Re:TV License Parallel by 15Bit · · Score: 5, Funny
      I remember a friend got a uk speeding ticket with a similar absence of checks. The events went along the lines of:

      1. Fixed penalty ticket arrives.

      2. Friend posts back a denial that he was not at the stated place on the stated day.

      3. System replies, stating that his blue whatnot car with registration plate XYZ was clearly photographed by a speed camera at given location. Please see included picture.

      4. Friend replies again, stating again that he was nowhere the place and could they please review included picture of Red MOTORCYCLE, registration XYZ.

      5. Silence.

    6. Re:TV License Parallel by FidelCatsro · · Score: 1

      I had fun with the TV licensee people once when I was living back home in Scotland .
      They came to Tell me I had a TV , Of course I did and also a license , but I was not going to tell them that , they should keep the records .
      They started yammering about detection vans and asked if they could come in and inspect the premises , my basic answer was "Fuck off and go get a warrant" .
      So they did , turned up a couple hours later with with a police officer , upon which time I produced the license and asked them to stop wasting my time or I will file an official complaint. Closed the door and heard the police officer lecturing them , Never did see them again.

      So basically my advice to anyone without a license , basically tell them to go get a warrant , if you have a TV then remove it from its stand , place it in a Cupboard after removing its plug .
      They have no right to harass you and certainly no right to inspect your premisses.

      --
      The only things certain in war are Propaganda and Death. You can never be sure which is which though
    7. Re:TV License Parallel by MamiyaOtaru · · Score: 1

      When my father was stationed in England, we didn't bother with TV (didn't feel like buying a PAL set, or paying tax to use it). Also, being rude Americans, we lived in one of the largest houses in the village. We saw the BBC surveillance vans more than a few times. I am curious then how someone could get hauled to court without having one. We never were, despite their apparent zeal to do so, for the simple reason that their instruments never picked anything up. Maybe someone brought a portable TV to his house to watch a game?

    8. Re:TV License Parallel by sroddy · · Score: 1

      >Instead they will most likely drop charges, pay fees,
      >and make up some story about how they were the "good
      >guys" in all this allowing this person to not be
      >financially ruined."

      Except that the person will still have to shell out money to hire an attorney to get the case thrown out. Unless the defendent goes pro se, which would take time and research. Speaking as someone who was staring at a possible lawsuit in federal court by another less publicised dragnet, there is no easy way to come out of one of these suits unscathed. I would have gone pro se, but it still cost me on average 4 hours a day for many months to do enough research that I felt reasonably comfortable defending myself.

    9. Re:TV License Parallel by Gordonjcp · · Score: 4, Funny

      I know someone who regularly gets parking tickets, speeding fines and London "congestion charge" tickets posted to him. This is, of course, traced to him through the vehicle's registration number. The vehicle in question is an old tractor, which lives in a hedge on his farm, and indeed has done for 20 years or so.

      You'd think they'd be able to catch the black BMW with the same registration number as a 1950s Fordson tractor, wouldn't you?

    10. Re:TV License Parallel by Freexe · · Score: 2, Interesting

      Isn't one person counter suing the RAII for racketeering, as it's illegal to go around threatening to sue people and just settling all the cases (because the cost of losing makes it not worth the risk even if you are innocent [you can be completey innocent these days and still be sued for millions of dollars!])

      --
      "In a time of universal deceit - telling the truth is a revolutionary act." - George Orwell
    11. Re:TV License Parallel by swillden · · Score: 1

      If it was a normal person bring a claim against the defendant, it would be thrown out, but the RIAA keeps a few people in the legal system employed with the number of high-profile cases they keep bringing, so it isn't in their (the court's) best interest to publically humiliate one of their sources of work.

      Courts don't work that way. Every federal court in the nation has a huge backlog of cases, and judges are always looking for ways to expedite the process as much as they can within the bounds of the rules, and to prevent cases from coming back. Judges have no profit motive to see more cases filed... it just increases their workload because the legislature is never quick to respond with funding for more courtrooms, more judges, more clerks, etc. Judges *do* get upset at people for filing frivolous suits, and if it's clear that the attorneys pressing this case were negligent and didn't do any of the necessary research, they may well be sanctioned in some way.

      Odds are, even if the suit turns out to be as wrong as it appears, the RIAA attorneys did have some reasonable basis for believing that she was sharing music, so the judge won't do anything.

      IANAL, BTW.

      --
      Note to ACs: I usually delete AC replies without reading them. If you want to talk to me, log in.
    12. Re:TV License Parallel by bani · · Score: 1

      6. Ticket remains on person's record, even though it's completely fraudulent.

    13. Re:TV License Parallel by bani · · Score: 1

      And I bet the tickets stay on his record regardless. monstrous bureaucracies are like that. so quick to accuse and so slow to fix mistakes (if ever).

    14. Re:TV License Parallel by bani · · Score: 1

      surveillance vans. lollerskates. people must be really retarded if they think that shit actually works.

    15. Re:TV License Parallel by aaronl · · Score: 1

      Funny, but exactly the reason why speed cameras, and everything of the ilk, should be banned. They screw up constantly, and nobody is checking on them. This is *exactly* as predicted from when they started putting those horrid things up. At least the Aussies had some guts and were breaking the damned things.

    16. Re:TV License Parallel by Detritus · · Score: 1

      It works. Your average television set radiates a fair quantity of RF energy. The Germans and Russians used similar technology to find people who listened to forbidden foreign radio stations.

      --
      Mea navis aericumbens anguillis abundat
    17. Re:TV License Parallel by greenrd · · Score: 1
      Maybe the reason why we Brits don't get sued so much is because in the UK, the loser generally has to pay the winner's fees if a lawsuit is without factual merit.

      Therefore it's just less risky to sue people in the US than in the UK.

    18. Re:TV License Parallel by greenrd · · Score: 1
      Under the UK Data Protection Act (and similar laws in the rest of the EU) anyone has the right to request what information an organisation holds on them, and organisations are obligated to delete or correct any factually incorrect information after the person has shown them it is factually incorrect.

      Unfortunately there is a big long list of exceptions (most obviously the police and the "security services", but also some others).

    19. Re:TV License Parallel by Hrodvitnir · · Score: 2, Informative

      This guy?

      http://news.bbc.co.uk/1/hi/wales/south_west/462695 2.stm

      If you know him, why didn't you know he had a BBC article about him?

      --
      "There are more important things than stopping terrorism. Upholding the Constitution is one of them." - Ars Forumer.
    20. Re:TV License Parallel by Gordonjcp · · Score: 2, Informative

      Nope, another guy, near Glasgow. And that's a 6-year-old tractor that's currently in use, not a 46-year-old tractor that's in bits in a hedge.

      Interesting though.

    21. Re:TV License Parallel by greenrd · · Score: 1
      This highlights an interesting opportunity for highly corrupt governments (I know all governments are corrupt, but some are more corrupt than others). If the accepted norm is that mistakes are made by the automated systems all the time, and you will be treated with absolute disrespect and given the run around if you try to complain, then what's to stop a corrupt government sending out thousands of bogus fines, and claiming they were "computer errors" if called on it? A certain percentage of people will simply pay the fines without contest, especially if the fines are quite small relative to their income.

      The analogy with the RIAA should be obvious. Only the situation with the RIAA is worse from the citizen's point of view, because it costs thousands of dollars to "properly" defend yourself against the RIAA (i.e. hiring a lawyer), whereas sending a letter to the government to contest your penalty costs the price of a stamp.

    22. Re:TV License Parallel by Anonymous Coward · · Score: 0

      Any receiver also produces radio waves in a local oscillator used to amplify the incoming signal to a usable level. The detection vans can very accurately pinpoint the location of a television receiver - often down to a particular room in a multi-suite building.

    23. Re:TV License Parallel by barcodeplane · · Score: 1

      Does that mean when my cell phone bill comes... I say, "I don't own a cell phone" my college bill..."I don't go to college" Funeral costs for a member of the family..."I never had a grandpa..."

    24. Re:TV License Parallel by DocUi · · Score: 1

      Yes and I remember the introduction of photo radar here in Ontario.

      1. Guy gets letter from Police saying that his car had been caught speeding. Includes picture of his car with licence plate. Fine? $50.

      2. Guy, sends back fine envelope with picture of $50 bill.

      3. Police, not amused send back picture of handcuffs.

      3. Guy mails in cheque (NOT CHECK DAMMIT!) for said fine.

    25. Re:TV License Parallel by Alizarin+Erythrosin · · Score: 1

      If it was a normal person bring a claim against the defendant, it would be thrown out, but the RIAA keeps a few people in the legal system employed with the number of high-profile cases they keep bringing, so it isn't in their (the court's) best interest to publically humiliate one of their sources of work.

      One could argue that, but then with the state of the lame-ass lawsuits this country (the US, BTW) is in, the courts are plenty busy already, IMO.

      --
      There are only 10 kinds of people in this world... those who understand binary and those who don't
    26. Re:TV License Parallel by TechForensics · · Score: 1

      Most Courts have many too many cases and would like many less.

      --
      Those are my principles, and if you don't like them... well, I have others.
    27. Re:TV License Parallel by Anonymous Coward · · Score: 0

      They send a few letters (4 or 5). They come around to the house. They send a final notice with instructions on how to notify them that you don't have a TV, and then they eventually issue a summons.

      Yeah thanks for that condescending nugget of life experience there Dad, but you're not telling us the whole story, are you? For a court to issue them with a warrant to come and search your house (accompanied by a police officer, of course) the tv lisence officer would have to approach a judge with reason to suspect you were breaking the law - ie., you were watching broadcast television.

      Without doing that, they have no more right to enter your property than any other private, for-profit organisation does. I'm not obliged to write them a letter telling them I don't have a television - it's up to them to prove that I do, and if they want to drag me to court for watching television when I don't even own one, they best be prepared to pay me for my time on which they're doing it.

    28. Re:TV License Parallel by Isca · · Score: 1
    29. Re:TV License Parallel by rhendershot · · Score: 1

      >> more corrupt than others

      Wouldn't that be like being "more pregnant" ?

      Corrupt is Corrupt.

    30. Re:TV License Parallel by dajak · · Score: 1

      At least the Aussies had some guts and were breaking the damned things.

      Did that help in Australia? In the Netherlands the torching and knocking over of speed cameras (all links of the page point to photos of destroyed speed cameras) only resulted in a transfer of responsibility for repairing them from municipal governments (who sometimes ran out of budget and stopped repairing them) to the national government, and in more advanced speed measurement systems that are more difficult to destroy.

      The new average speed measurement systems take a coordinated effort, or timed explosives, to destroy the control boxes and they are guarded with cameras now, but on the plus side it takes the government many weeks to replace the computers.

    31. Re:TV License Parallel by aaronl · · Score: 1

      They do the same things in Australia, but it's a lot like a game. Add more levels of difficulty and it becomes more fun to get around it.

      More important... it should tell the government that the citizens don't want these cameras and are willing to risk themselves to get rid of them.

  9. idiots... by scchu · · Score: 0, Troll

    idiots...

    1. Re:idiots... by trezor · · Score: 0, Troll

      Greedy idiots is more like it.

      I hope they get smacked bad for this one.

      --
      Not Buzzword 2.0 compliant. Please speak english.
    2. Re:idiots... by rockstar1o9 · · Score: 2, Insightful

      Agreed.

  10. not having ever used a computer by pintomp3 · · Score: 3, Funny

    i'm assuming she doesn't have broadband either. what ip address did they use to find her? just goes to show how stupid these lawsuits are.

    1. Re:not having ever used a computer by shark72 · · Score: 2, Insightful

      "i'm assuming she doesn't have broadband either. what ip address did they use to find her? just goes to show how stupid these lawsuits are."

      A much more likely scenario is that somebody else in her household was doing the file trading, and her name happened to be on the cable or phone bill. It's a very common scenario for the cable or phone bill to be in the name of an adult (typically a parent or guardian), while a child or teenager uses the Internet connection to do something the parent/guardian doesn't know about. Might be downloading porn, might be sharing MP3 files. But it happens... a lot.

      --
      Sitting in my day care, the art is decopainted.
    2. Re:not having ever used a computer by Anonymous Coward · · Score: 0
      what ip address did they use to find her? just goes to show how stupid these lawsuits are.


      They pinged her from 666.666.666.666, obviously. Evil knoweth and obeyeth not the 8 bit field constraint.
    3. Re:not having ever used a computer by alx5000 · · Score: 1

      Then they actually can't sue the woman for something she hasn't done, can they? I mean, they might have some [bogus?] evidence that there was actual file trading over that line, but they can't sue her for it. It's like she getting charged with murder because there was one at her place.

      If they happened to find the trader (say, her child, grandchild, whatever), and she's legally in charge of him, they could sue him and she'd get responsible for it. But then, they'd have to identify who was it.

      They can't sue anyone blindly (warning: "can't" means "should not be able to in a world that makes sense") and hope to get away with it by burying them in bureaucracy and lawyer talk... right?

      --
      My 0.02 cents
    4. Re:not having ever used a computer by rahrens · · Score: 1

      RTFA, people!

      It says she Doesn't Own A Computer! That means even if she still has kids at home, there's no computer for them to steal files on! If there IS a computer there, it obviously belongs to her kids (grown up by now at her age) - all facts that a junior private eye could discover with one hand tied behind his back and both eyes blindfolded!

      --
      "Money is truthful. If a man speaks of his honor, make him pay cash." Notebooks of Lazarus Long, Robert A. Heinlein
    5. Re:not having ever used a computer by etan212 · · Score: 1

      She probably does have broadband, and is using it to run her underground pirating ring. She uses the loop hole of not having ever used a computer. What she fails to mention is the 50 PDA's she has that are working hard to download millions of song. There are plenty of ways to download music without a computer.

      --
      There's no place like 127.0.0.1
    6. Re:not having ever used a computer by Big_Al_B · · Score: 1

      It's probably mistaken or stolen identity. Someone of the same name with a computer is doing some music trading, or someone grabbed her name off a bill or ccard and is using it to open an account with an ISP. Much more likely the former than the latter.

      Either way, it'll likely get sorted out okay, especially with publicity. It does highlight a systemic pothole in the legal process the RIAA uses.

    7. Re:not having ever used a computer by Anonymous Coward · · Score: 0

      No wonder there's a shortage of ipv4 adresses if they give them to people that don't even have a computer

    8. Re:not having ever used a computer by Joseph+Hardin · · Score: 1

      Since when is a PDA not a computer?

    9. Re:not having ever used a computer by etan212 · · Score: 1

      It was a joke. Had my statement been serious, I would agree with you 100%.

      --
      There's no place like 127.0.0.1
    10. Re:not having ever used a computer by Feanturi · · Score: 1

      her name happened to be on the cable or phone bill

      And unfortunately, ISP's will have a user agreement that the stated customer is considered to have agreed to when signing up for the service, that states that anything done with the connection is the paying customer's responsibility. Doesn't matter whether the person paying is actually the one using it. I used to work for my cable ISP, in the field doing installations, and know that at least here, nobody is ever told that particular little tidbit. The company that had worked that territory before them (which I had also worked for) did actually make a point of getting a signature on a paper document that the installer would bring with him when connecting the service, and we were required to make sure they knew about it and be able to discuss its contents with them so that the understood their responsibilities. But that way of doing it stopped 5 years ago when they were bought out. The current regime does have such an agreement, but it's on a website somewhere and is not mentioned to anyone. Basically no better than a shrinkwrap EULA on software, but it can still be invoked as some kind of binding agreement somehow.

  11. Will this work?? by MagicDude · · Score: 4, Insightful

    Can this work? The entire request to dismiss the case was one paragraph, with only one sentence stating that the defendant never used a computer. Wouldn't some investigation or proof be required in order for a case to be dismissed?

    1. Re:Will this work?? by chris_bloke · · Score: 1

      It's very hard to prove a negative - in this case I would hope that it now falls on the prosecution to provide some rebuttal to this - which (if what the letter says is correct) may be fairly hard..

    2. Re:Will this work?? by ZenShadow · · Score: 2, Insightful

      I would think that some sort of evidence or proof would be required to prevent the case from being dismissed. But that's just me.

      --S

      --
      -- sigs cause cancer.
    3. Re:Will this work?? by interiot · · Score: 1

      Does presumption of innocence apply here? I guess that's mostly for criminal trials, but still, I can't see the judge requiring the defendent to spend a ton of money for a lawyer over such a relatively trivial issue.

    4. Re:Will this work?? by Scaba · · Score: 1

      Television should not be construed as legal advive. The burden of proof is upon the RIAA - she is not required to prove she didn't do something; instead, they are required to find the evidence she did use a computer and downloaded songs during the times they specified. If she wins, her case could be used as precedent to dismiss other similar cases. She may also countersue for malicious prosecution, depending on the facts of the case and jusrisdiction. The parts of the American legal system that haven't been gutted by Jorge Doublevee Busch and his corporate owners are still pretty solidly in favor of the defendant.

    5. Re:Will this work?? by Anonymous Coward · · Score: 1, Informative

      Not so fast here. She is trying to get a summary dismissal. Right now presumably the RIAA has enough evidence (IP address, name, street address, list of songs) to go to trial. Of course, discovery would show that it's not her, but that would have to happen first.

      In other words, this case will be dismissed, but not summarilly.

      dom

    6. Re:Will this work?? by Anonymous Coward · · Score: 0

      Achtually, it is technicaly impossible to prove that someone has NOT done soemthing. So it would be for the other part to prove that she HAS.

      my fingerprints not beeing on a mirror doesn't prove that I have never touched it. But if my fingerprints are there, it proves that I have.
      This is the main reason for "innocent untill proven guilty"

    7. Re:Will this work?? by Anonymous Coward · · Score: 0

      The letter was a request for a hearing for dismissal; In that hearing, evidence can be presented to show that the case should or should not be dismissed.

    8. Re:Will this work?? by judmarc · · Score: 5, Informative

      Actually, it's not a motion to dismiss, but a motion for summary judgment. That's a key difference. A motion to dismiss would *admit* everything the RIAA says, then contend it still doesn't have a case - so no necessity for evidence, because there are no facts in dispute.

      Where a motion to dismiss says, in effect, "Even if you're right, so what?", a motion for summary judgment says "We'll show you facts that are so clear we don't even need to go through the hassle of a full trial." Then you provide evidence (usually by means of an affidavit or some other way short of the full trial-witness-cross examination thing). If the other side can't seriously dispute those facts, and those facts indeed add up to "You win!", cool - you've just saved everyone the time and expense of a full trial.

      Yes, IAAL.

    9. Re:Will this work?? by pla · · Score: 2, Funny

      If the other side can't seriously dispute those facts, and those facts indeed add up to "You win!", cool - you've just saved everyone the time and expense of a full trial.

      So in this situation, she should have gone for a full trial, filing delay after delay a la SCO, to cost the RIAA as much as possible? ;-)

    10. Re:Will this work?? by Dachannien · · Score: 1

      The letter linked in the OP wasn't actually a motion for summary judgment, but rather a request for a conference at which they would (if necessary) present said motion, which would contain all the requisite legal mumbo jumbo. Most likely, the RIAA will settle for the minimal attorney's fees that have been racked up so far at that conference, and we'll never hear anything about this case again (unfortunately).

    11. Re:Will this work?? by darkmeridian · · Score: 1

      As the plaintiff, RIAA must prove the elements of its case. The woman contested the issue of her usage of a computer, so RIAA must prove that she had one; she doesn't have to prove she didn't have one. RIAA didn't seize any computer equipment from her, and they have no other evidence. Hence, they have not carried their burden of proof/production with regard to a material element of their claim. No dice.

      --
      A NYC lawyer blogs. http://www.chuangblog.com/
    12. Re:Will this work?? by Anonymous Coward · · Score: 0

      ....But if my fingerprints are there, it proves that I have.
      This is the main reason for "innocent untill proven guilty" .... (sic!)

      Umm. I can think of several ways of getting your fingerprints onto a mirror without you having to touch it. I suggest that your fingerprints would provide some evidence of you touching it, but not conclusive proof.

    13. Re:Will this work?? by HermanAB · · Score: 1

      Hmm, how do you prove that you *don't* have something?

      In the end, judges depend a lot on what people say. Eg. does the witness look and sound credible.

      --
      Oh well, what the hell...
    14. Re:Will this work?? by judmarc · · Score: 1

      Carrying the burden of proof is for trial. At this early stage, what the plaintiff RIAA has to do to avoid summary judgment is bring forward evidence of facts that create genuine issues for the trial court (affidavits or out-of-court depositions are common ways). For instance, they might take the deposition of someone she served as a home health aide saying he gave her CDs of downloaded music he'd burned on his computer for delivery to others, and she was paid a cut of what he made from those CDs - so even though she never used a computer, she was a paid participant. (Mind you, I have no knowledge that any such thing happened, just coming up with ways that someone who didn't own or use a computer might lose a motion for summary judgment.)

    15. Re:Will this work?? by Nom+du+Keyboard · · Score: 1
      Where a motion to dismiss says, in effect, "Even if you're right, so what?", a motion for summary judgment says "We'll show you facts that are so clear we don't even need to go through the hassle of a full trial."

      Since the RIAA has already refused in other cases to actually investigate a computer to clear one of the people they're charging, shouldn't summary judgement work in all cases because the RIAA has refused to perform due diligence to prove they're suing the proper computer user, and not just the user identified by an IP address?

      --
      "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
    16. Re:Will this work?? by defile · · Score: 1

      A motion to dismiss would *admit* everything the RIAA says, then contend it still doesn't have a case - so no necessity for evidence, because there are no facts in dispute.

      That's fascinating. Does this admission bind only the scope of that motion to dismiss, or are you basically risking your whole case? Which one "Assuming I really did vandalize the fence, plaintiff's case is moot, the fence was public property, not the plaintiff's" or "I confess, I vandalized the fence, but the plaintiff has no right to sue for cleanup, it's public property"?

      Wondering how the legal system treats hypotheticals...

    17. Re:Will this work?? by Anonymous Coward · · Score: 0

      > Yes, IAAL.

      A bad one. A motion to dismiss does not *admit* anything.

  12. What went wrong? by baburas · · Score: 2, Interesting

    She has never used a computer?
    Does she have internet access?
    How could she use the 'online distribution system'?

    Questions over questions....

    The only one who knows is RIAA.....

  13. Well she... by Himuanam · · Score: 2, Funny

    Must've been humming the tunes in her head - either that or she was talking on the phone while the radio was playing in the background, that's transmission of copyrighted material over a digital medium, string her up!

  14. How did the RIAA find her? by Anonymous Coward · · Score: 0

    Maybe they use a special version of RARP reverse DNS or something.

    L I N D O R
    108-105-110-114

    Nope cant be that.
    uhm...

  15. How much longer will this crap last? by v3c7r0n · · Score: 1, Interesting

    So if the lady has never used or purchased a pc, what grounds is the suit filed on again? I mean, what, was she pirating music the way it was done BEFORE the age of computers (namely with a boombox, a blank tape, and the trusty record button)?

    oh wait...lemme guess...some kid next in the lane next to her at a red light was playing a burned cd full of pirated music at full volume and thus she's listening to pirated music? This is ridiculous...the RIAA has gone beyond the wildest stretches of "you gotta be f*cking kidding me" with this one.

    Kinda makes me WANT to priate music, just so when they haul me into court I can look them in the eye, verbally crucify them, and then spit in said eye for wasting my time, the judges time, my lawyer's time, and tax dollars.

    When the hell are all these companies going to learn that piracy isnt going away, EVER. I mean, they can complain about DVD piracy, but what about back before DVD's when all it took was 2 VCRs? or previously stated music piracy method?

    I'm starting to think the pirates are viewing the way they RIAA has come down on piracy as just the music industry "thumbing their nose" at them.

    1. Re:How much longer will this crap last? by db32 · · Score: 1

      In theory, a large part of the argument is now about the quality of the copy since it is all digital. VHS degrades over time and music tapes degrade. mp3s and ripped DVDs don't degrade (unless you burn em, but then you still have copies to make new pure quality burns). What really kills me about this crap is that I have worked with high end recording equipment. CDs really aren't the amazing quality you would think. High end analog systems sound amazing, there are just some things that don't make it through the analog->digital conversion well, especially when you are converting down in quality so far for a CD. Even the high end digital systems sound amazingly better, the guy that I worked with on this stuff (I was just doing the electronic maintenance stuff, he was the musician) would usually only be able to fit 3 songs or so on a 5G DVD-RW. There is a ton of lost quality going down to CD.

      --
      The only change I can believe in is what I find in my couch cushions.
    2. Re:How much longer will this crap last? by v3c7r0n · · Score: 1

      Very very true, however, unless the device playing the media can match the quality, then does it matter? A chain is only as strong as it's weakest link, and it works the same way with media, and to be honest, you have to draw the line somewhere.

      A little less related by prime example, LCD monitors. after shopping around, i found that I could get a 19" in the range of $200, but yet a 20" was more like $300 for a crappy one...is the extra 1" diagonal of viewable space worth that much? Also goes for digital cameras, once you break X megapixels, does it REALLY matter(unless you happen to be a professional photographer that is)?

      Besides, on the piracy issue, if people REALLY don't want to pay for music/movies/games they WILL find away to get them without it any way possible (ranging from cracking the latest and greatest security measures or going to walmart and stealing the stuff in meatspace*)

      * Note: I do not advocate theft from walmart or any other store, however, the competence of their average employee leads one to believe it's actually relatively easy to do

    3. Re:How much longer will this crap last? by db32 · · Score: 1

      I remember my HS physics teacher showing us how to steal CDs with magnets. Now he wasn't trying to teach that skill specifically, so much as use it as an example of electromagnetic properties that would actually get everyones attention. It amuses me that other industries haven't gone through such insane measures, but still refuse to look to themselves for the problem. Compare Gimp and Photoshop, most people will admit that Photoshop is indeed the more advanced product...but go try to buy Photoshop...CD $649, Download $649...So by downloading all you do is increase their profit margin sigificantly...and can anyone say that Photoshop really has $649 worth of extra features over Gimp (outside of a few professional areas)? Same goes for Office...

      --
      The only change I can believe in is what I find in my couch cushions.
    4. Re:How much longer will this crap last? by v3c7r0n · · Score: 1

      Pretty much. Standard American way of doing things: "It's never my fault!I refuse to accept responsibility for my own actions because then I can't take you to court and sue the ever living hell out of you"

      And I have used gimp and photoshop, and personally I find photoshop to be much much more powerful, easy to use, and eyecandy 4000 makes things look pretty :P (nice when your school picks up the tab for it too)

    5. Re:How much longer will this crap last? by db32 · · Score: 1

      I have used both, but I'm not much of a graphics guy so I can't really judge that well. I know most of the people I have talked to that are graphics people and do use both say PS is better, but not $649 better, coarse alot of them pick it up for free through work or "other".

      --
      The only change I can believe in is what I find in my couch cushions.
    6. Re:How much longer will this crap last? by v3c7r0n · · Score: 0

      Yeah, that's about it. I definetly wouldnt pay that much for PS, but hey, when the price is right (FREE!) why not?

    7. Re:How much longer will this crap last? by db32 · · Score: 1

      That is what irritates me so much about the situation. If I could get PS to run in linux, and be priced competitively I would probably buy it, even for my poor use of its features. If they charged $30 or something I think more people that use it at the hobby level would pay for it. Sure, that means that 20+ people need to buy it vs the 1 person at the $649 price, but you get to tap a much larger market when you aren't charging so much. If I get hooked on it, then I tell a friend "hey, PS is only $30 and is awesome, pick it up"...the market would grow quickly. Look at VMware GSX, previously priced at a disgusting level, now potentially being free...just as a lead in to getting people to buy ESX, and get people to quit using the competitions products...at least someone seems to get the idea. I know if GSX goes free I will download it...and if I ever run into a serious project...I would be shelling out for ESX because I am already familiar with the VMware line instead of someone elses stuff, oh...and because they treated me like a consumer they want to win over vs a criminal they want to lock in.

      --
      The only change I can believe in is what I find in my couch cushions.
    8. Re:How much longer will this crap last? by v3c7r0n · · Score: 0

      have you tried using cedega to make ps run in linux? I've seen other guys do it, but i'm not a nix guy so idk the specifics on how.

  16. Great lengths to uphold copyright law by 2e · · Score: 2, Insightful

    This just goes to show you the great lengths to which the RIAA will go to protect their interests and punish those who violate the law.
    The RIAA will not be distracted by 'facts' or other nonsense in its relentless pursuit of justice!

    "customer": 'but I've never even used a computer!'
    RIAA: 'la la la - I can't hear you!'

    Steve

  17. Oh come on by evildogeye · · Score: 0, Troll

    I'll believe anything the RIAA says before I believe a person could live a life without ever once using a computer.

    1. Re:Oh come on by MichaelSmith · · Score: 3, Interesting
      I'll believe anything the RIAA says before I believe a person could live a life without ever once using a computer.

      My in-laws (67 & 72 years old, born in Malaysia) have never used a computer of any kind, other than pressing the walk button at traffic lights, playing poker machines and playing video tapes and DVD's on normal consumer equipment set up by myself or another relative.

      Maybe you were joking and I missed it. Lots of older people that I can think of would never use any kind of personal or work computer.

    2. Re:Oh come on by Anonymous Coward · · Score: 0

      I'm absolutely certain that my grandparents never have (excluding things like EFT-POS terminals and ATMs... but you can't exactly download music off of those)

    3. Re:Oh come on by abx0r · · Score: 0

      My grandparents can barely use a remote control, much less turn on a computer. They have never touched a computer. They live out in the middle of no where. My grandfather is 95, and my grandmother is 89 (or something, I don't remember, does that make me a bad grandson?)

    4. Re:Oh come on by thejynxed · · Score: 1

      My grandmother on my mother's side has never used one. In fact, she didn't even own a color television until the mid nineties, nor have an indoor toilet, bathtub or washer and dryer until then either. Her house dates back to before the US Civil War. She's lived there basically ever since she got married to my grandfather back in the 1930's. So yeah, some people DON'T use computers, never have, and never will.

      --
      @Mindless Drivel: 100% of Twitter posts ever Tweeted.
    5. Re:Oh come on by Anonymous Coward · · Score: 0

      Well then you are a fucking idiot.

    6. Re:Oh come on by pastpolls · · Score: 1

      My Grandfather worked in real estate and worked for/at a bank for over 30 years and has never used a computer. He still types out his taxes on this thing called a typewriter and does his business letters the same way. I have offered many times to give him one of mine, but he refuses. Funny thing is, he got a Tivo a couple of months ago and thinks it is the best device ever invented. He talks about how it looks better that his video tapes and is so easy to use. He said he may get a DVD player this year. //For what it is worth, he retired the first time at 40, but got bored and went back to work. ///Never heard one mention of money, except that he was upset he had to finance his house... but said he would pay it off within a year.

  18. That's it by quokkapox · · Score: 2, Funny
    I've had it with this country and it's legal system, and this stupid Internet thing.

    I'm suing Slashdot for wasting wast quantities of my time for the past year.

    CmdrTaco, you're goin' down.

    --
    it's a blue bright blue Saturday hey hey
    1. Re:That's it by Blaaguuu · · Score: 1

      I'm suing Slashdot for wasting wast quantities of my time for the past year.

      I'm suing you for making me spend several seconds of my day trying to figure out what a "wast" is.

      --
      My hand touched her hand. Her hand touched her boob. By the transitive property, I got some boob! Algebra is awesome!
    2. Re:That's it by Anonymous Coward · · Score: 1, Insightful

      it's legal system

      "its".

    3. Re:That's it by quokkapox · · Score: 1
      Oh my. Did ya'll hear that whooshing sound?

      That was the sound of the joke flying over your head.

      I don't make grammatical errors unintentionally, dipshit moron.

      --
      it's a blue bright blue Saturday hey hey
    4. Re:That's it by Anonymous Coward · · Score: 0

      unintentionally, dipshit

      "unintentionally, you dipshit".

      Also, it's not possible for a human to be correct, grammatically or otherwise, 100% of the time, so your statement is in eror.

      (Yes, "eror" is a joke. IO do'nt uninetntionaly misple wrods, ewihter, depressionexcrement.)

    5. Re:That's it by Kredal · · Score: 1

      Wast: adj; veddy veddy big. The nuclear wessles are floating on the wast ocean.

      --
      Whoever stated that signature sizes should be limited to one hundred and twenty characters can just go ahead and kiss my
    6. Re:That's it by Senzei · · Score: 1
      I'm suing Slashdot for wasting wast quantities of my time for the past year.

      Maybe you should go after the guy who has been messing with your keyboard. Something tells me you might find him out hunting "wascally wabbits".

      --
      Slashdot: Where anecdotes and generalizations can be freely substituted for facts, logic, or intelligence
  19. Don't jump to conclusions by commodoresloat · · Score: 5, Funny

    This woman does laundry a lot and has no dryer, so she hangs her clothes to dry. When the RIAA said she was using an "online distribution system" to make plaintiff's music files available, they were not referring to a computer; what they meant was that she is often heard whistling copyrighted songs while she hangs clothes on the line; hence, "online distribution system." Typical slashbots rush to this criminal's defense when it is clear she was openly and shamelessly stealing music and she was caught red-handed. Meanwhile, the RIAA music executives are being deprived of a living (or at least of a third yacht) thanks to the lawless actions of such criminals. Eventually this will kill music, as the RIAA warned us about home taping so long ago -- why would an artist bother creating or recording new songs when any old lady can just come by forty years later and whistle it without paying the company that distributes your cds a dime?

    1. Re:Don't jump to conclusions by Loconut1389 · · Score: 5, Funny

      her neighbor listens too, thus, public exhibition- an even more severe offense.

    2. Re:Don't jump to conclusions by BACbKA · · Score: 2, Funny

      LOL! Red-handed, indeed! Hands reddened by the frequent laundry...

      --

      VKh

    3. Re:Don't jump to conclusions by Anonymous Coward · · Score: 0

      she was caught red-handed

      That'd be wet handed...

    4. Re:Don't jump to conclusions by Dashing+Leech · · Score: 1

      Hold on. How do we know she's laundering clothes and not money? Hmmm.

    5. Re:Don't jump to conclusions by braindeader · · Score: 1

      I fear the day that RIAA sues to confiscate my brain, where I have no doubt made thousands of illegal copies of songs that, I must admit, I have not yet purchased.

    6. Re:Don't jump to conclusions by blake3737 · · Score: 1

      I heard her other neighbor is just a public exhibitionist, and having seen pics of said neighbor, that is a crime that should be punished severely.

    7. Re:Don't jump to conclusions by HTL2001 · · Score: 1

      wow. my sig is actually relevant

      --
      By reading this, you have given me brief control of your mind.
    8. Re:Don't jump to conclusions by Anonymous Coward · · Score: 0

      John Cleese? Is that you?

    9. Re:Don't jump to conclusions by Anonymous Coward · · Score: 1, Insightful

      RIAA needs to get an life and better investigators. This is like sueing Stevie Wonder for driving under influence.

    10. Re:Don't jump to conclusions by Popcorn+Dave · · Score: 1

      No, actually it's like arresting Stevie Wonder for peeking in your window.

  20. Oh noes! by jigjigga · · Score: 1

    If her case is true, I hope that the RIAA is forced to explain or show HOW ON EARTH they were led to her.

    1. Re:Oh noes! by Amouth · · Score: 1

      Oh i fully agree. i want to see the full details.

      I wonder if the judge's have the right to hit people with that little hammer they have, if so i would be more than glad to make this judge a new custom one.. nice and weighted,

      and i also wonder if this gets thrown out of court based on the RIAA being stupid.. can i as a US citizen sue them for damages as they have knowingly caused a waist of my tax dollors?

      --
      '...if only "Jumping to a Conclusion" was an event in the Olympics.'
    2. Re:Oh noes! by Kaetemi · · Score: 0

      They do it at random...
      Who knows... YOU COULD BE NEXT!

      --
      Kaetemi
  21. hasn't used a computer yet by pintomp3 · · Score: 5, Funny

    but 3 albino kids soaking in water told the RIAA that this woman was planning on buying a computer to pirate music so they sent tom cruise after her. thank god for these pre-emptive lawsuits!

    1. Re:hasn't used a computer yet by Anonymous Coward · · Score: 0

      Nah... He would just 'Jump the Couch'.

  22. IP by commodoresloat · · Score: 4, Insightful

    Yeah but when they come to break down your door they need a geographic address, not an IP address -- presumably the address you signed up for your ISP with. So most likely the actual pirate here signed up for an ISP using her home address and name.

    1. Re:IP by shark72 · · Score: 2, Insightful

      "So most likely the actual pirate here signed up for an ISP using her home address and name."

      Yup... like one of her kids. Remember when you were under 18, and your phone and cable bills were in your parent's name?

      The RIAA has already sued a lot of parents over the actions of their kids. So far, "I didn't know my kids were using my computer to break the law" has not been an effective loophole.

      --
      Sitting in my day care, the art is decopainted.
    2. Re:IP by shrub34 · · Score: 1

      Wait, you mean someone actually lives at
      123 My St
      Anytown, USA?

      --
      [url=http://thistleshrub.net]Thistle & Shrub Studios[/url] Central Illinois Painters
    3. Re:IP by i_am_not_a_bomba · · Score: 1

      "So most likely the actual pirate here signed up for an ISP using her home address and name."

      I was watching a show on pirates the other night. I just dont know if someone living in a hut in southeast asia would even have an ISP let alone get hold of someones address in the US to sign up to it with.

      Also, judging by the way the dude who was making the show had to bail out of the village when the pirates decided they didnt want him there anymore i dont think that some whitebread US attorney would be dropping by to hand over a subpoena either.

      Pirates kill about 90 people a year, they raid many vessels, they dont speak much english.

      In conclusion, i am quite confused as to what a pirate would possibly be doing living in the US giving out fake addresses to avoid being sued for copyright infringement by a CD/Cassette distribution trade association.

      The End.

    4. Re:IP by Kjella · · Score: 2, Interesting

      The RIAA has already sued a lot of parents over the actions of their kids. So far, "I didn't know my kids were using my computer to break the law" has not been an effective loophole.

      Well, if I remember the case about Brittany Chan (search google or slashdot if you don't remember) it seems the parent will get off. Of course, then they'll sue your kid instead, which makes it sooooo much better. Either the parents will a) be held liable for negligence b) pay the kid's bill so s/he can have a life or c) have a debt slave kid who has absolutely no incentive to get a real education or job, since the money will just be taken anyway.

      --
      Live today, because you never know what tomorrow brings
    5. Re:IP by Perl-Pusher · · Score: 1

      You forgot the 4th option. D) Downloading music becomes mainstream and consumers and voters react strongly. The RIAA screws up and sues a Kennedy, Senator Ed's head swells more and turns a darker red and that was all she wrote. It takes longer but that is the only likely solution to the current RIAA strategy.

    6. Re:IP by rich_r · · Score: 1

      Yeah. Parking's becoming a bitch and the post office now use an 40' trailer to deliver the junk mail.

    7. Re:IP by rhendershot · · Score: 1

      >> becomes mainstream and consumers and voters react strongly

      you're, like, some kind of an optimist then....

    8. Re:IP by rajafarian · · Score: 1

      Senator Ed's head swells more and turns a darker red...

      Sen Kennedy: Aaaaargh!!!!!

      RIAA: Our apologies, sir. Here's something for your political campaign next year. Sorry again.

      Sen Kennedy: Why thank you. No problem. Say when are you going to toss me that draft for that new law to stop all these thieves of your intellectual property?

  23. It just goes to show you ... by DrJimbo · · Score: 5, Funny
    ... nobody expects the RIAA inquisition!

    Perhaps this is part of a campaign to instill fear in the hearts of the "guilty" by first stringing up a few obviously innocent people.

    --
    We don't see the world as it is, we see it as we are.
    -- Anais Nin
    1. Re:It just goes to show you ... by fact0r · · Score: 1
      Perhaps this is part of a campaign to instill fear in the hearts of the "guilty" by first stringing up a few obviously innocent people.
      Yep - they love to be in the news - especially in the news where potential pirates hang out. I'm sure they are most pleased with all the free publicity they get on Slashdot! ... maybe Taco has defected to the dark side?
    2. Re:It just goes to show you ... by le+duf · · Score: 1
      Perhaps this is part of a campaign to instill fear in the hearts of the "guilty" by first stringing up a few obviously innocent people.

      This is excactly how the government works. In a recent op-ed piece for the NY Times, an Oregon DA wrote concerning death penalty cases:

      So, let's give [Samuel Gross of the University of Michigan] the benefit of the doubt: let's assume that he understated the number of innocents by roughly a factor of 10, that instead of 340 there were 4,000 people in prison who weren't involved in the crime in any way. During that same 15 years, there were more than 15 million felony convictions across the country. That would make the error rate .027 percent -- or, to put it another way, a success rate of 99.973 percent.

      Most industries would like to claim such a record of efficiency. And while, of course, people's lives are far more important than widgets, we have an entire appeals court system intended to intervene in those few cases where the innocent are in jeopardy...

      Americans should be far more worried about the wrongfully freed than the wrongfully convicted.

      I'm glad he's not my DA!
  24. Goes to show by laughingcoyote · · Score: 3, Insightful

    How many times have they said "Well if you don't want to get sued, don't download music!" Explain that statement, in light of THIS!

    I hope the court really slaps them one over this. It's clearly shown that they're not doing the most basic of fact-checking. (I mean, come on now, for godsakes, a dead woman, and now someone who's never used a computer at all?) Where did they pull the IP address out of -this- time? (Never mind, I don't want to know.) This is a massive waste of her time and that of the court, and I hope they get slapped with a good bit worse then attorney's fees. All their suits should be dismissed with prejudice after this garbage.

    --
    To fight the war on terror, stop being afraid.
    1. Re:Goes to show by shark72 · · Score: 1

      "It's clearly shown that they're not doing the most basic of fact-checking."

      The page you read is that of the woman's lawyers. They're paid to make you think she's innocent. Looks like they're doing their job well. The ironic thing is that you're accusing somebody else of not doing the most basic of fact checking!

      --
      Sitting in my day care, the art is decopainted.
    2. Re:Goes to show by laughingcoyote · · Score: 1

      If you're suggesting that her lawyers are knowingly lying, they can get in a -hell- of a lot of trouble for that. I presume, being that they're still practicing law, that they are probably aware of that, and have checked on this. I don't know her, how else do you propose I "check facts," other then to use a bit of basic logic?

      --
      To fight the war on terror, stop being afraid.
    3. Re:Goes to show by 19061969 · · Score: 2, Interesting
      Lawyers are not paid to intentionally lie - yeah some do, but if found out, they can kiss their career goodbye. It would be a big mistake to publically claim that their client had never used a computer and then in court have to admit that she did.

      And yes, the OP didn't check facts, but then they're not sueing someone in a court of law.

      --
      bang goes my karma... again...
  25. I don't get it..... by ChrisGilliard · · Score: 1, Insightful

    This lawsuit must just be a mistake since the lady never used a computer. If that's the case, why is this even newsworthy? They probably just messed up. It happens. That's what independant judicial system is there for.

    --
    No Sigs!
    1. Re:I don't get it..... by halcyon1234 · · Score: 3, Insightful
      This lawsuit must just be a mistake since the lady never used a computer. If that's the case, why is this even newsworthy? They probably just messed up. It happens. That's what independant judicial system is there for.

      For two reasons:

      1 - If this is a frivilous, baseless lawsuite in which the sued person is innocoent (extremely innocent, if one can use such a term), then how many other lawsuits, even those that have been extorted... urr... settled... were also made against innocent people?

      2 - Sure, the law of averages saw that eventually one might file a completely wrong lawsuit like this. But then how many lawsuits are the RIAA filing in order to be able to hit this long-long-long shot? This isn't just an "oops, we mispelled her last name" type thing. This is way, way, way to the edge of the curve. And that means, also according to the law of averages, that there are TONS of other suits they've filed that are also "not quite accurate".

      So, if it can be shown that the RIAA is filling a signifiant amount of lawsuits that range from innacurate to completely baseless, then what does that say about their abuse of the independent judicial system? It could leave them open for a massive countersuit on behalf of everyone who the RIAA has ever sued.

      After all, if THEY can file suits in a court system that enters guilty pleas without the need for "beyond a shadow of a doubt", why can't we? As long as we can show that it's plausible that the RIAA has been extorting people, then we can sue them for, shall we say $500,000 per person?

    2. Re:I don't get it..... by ChrisGilliard · · Score: 1

      then how many other lawsuits... were also made against innocent people?

      If there are many, then yes I agree it's newsworthy. A single lawsuit is not proof that there are many.

      This isn't just an "oops, we mispelled her last name" type thing.

      How do you know? It very well could be actually. Even if it's not that, maybe her grandson who lives in her house was downloading a boat load of music and the RIAA traced the ip to her house? That's equally likely, isn't it? Without knowing why the RIAA sued her we shouldn't rush to judgement about the RIAA's guilt. It could very well be that the RIAA did something wrong here, but there are explinations that could explain why they sued her.

      --
      No Sigs!
    3. Re:I don't get it..... by Alberic · · Score: 1

      In French law, filing a lawsuit against such innocent people is dangerous : it's against the law since its diffamation and delation. (wich anyway the patriot act re-enables for you all US folks) here's why:

      I think ths is why such a lawsuit is a shame : If this woman didn't have this argument of never having used a computer, she woud have been sued, and regarding the balance of forces, the n+1 lawyers of RIAA would probably have crushed her.
      The huge lawyerpower they use to bring down pirates can strike blind, and is so powerful you just can't do a thing.
      So if this case arises, and is found , in France you just get automagically sued and fined by the system. This way you just check you're honest before suing people.

      --
      *squeak*
    4. Re:I don't get it..... by LilBlackDemon · · Score: 1

      The problem is that the RIAA typically goes after only those who cannot afford to fight back against them legally. This guarantees little or no chance of a legal fight, and consequently a nice, quick settlement for them. However, the RIAA still needs to be careful. If cases start to be fought, say by filing one against a monied Slashdotter, than a judge might very well see that the case is baseless or lacks enough evidence. This would set a precedent in the favor of the defendant, and by the US court system, this case would be referenced by all similar cases, and this precedent would render all these lawsuits useless.

      The situation where a precedent is established against the RIAA is the worst possible situation for their lawsuits, so you can be pretty certain that they will try to avoid that situation as best they can.

    5. Re:I don't get it..... by jasen666 · · Score: 1

      If there are many, then yes I agree it's newsworthy. A single lawsuit is not proof that there are many.

      It only takes one precedent to throw the rest of them into suspicion. If any of the other defendants don't have the "I never owned a computer" defense, then how do they prove they're innocent?
      It's not that hard to spoof IP addresses, MAC addresses, and the like. The average consumer doesn't know this, the courts don't know this, and the RIAA doesn't care. What if the ISP's records are screwed up? Yeah, try to prove that one.
      The fact is, the RIAA has the ability to randomly pick an IP address, subpoena the ISP for that user's name, sue them, and win.
      They can identify a valid IP, belonging to a pirate, subpoena the ISP, who accidentally screws up the records, they sue the wrong person, and win.
      There's obviously almost no way to truly defend yourself in these cases, innocent or not. How many of these lawsuits has the RIAA actually lost?

    6. Re:I don't get it..... by ChrisGilliard · · Score: 1

      In French law, filing a lawsuit against such innocent people is dangerous : it's against the law since its diffamation and delation.

      I don't have a problem with there being laws against frivilous lawsuits. The US has similar laws as well. If a court agrees this is frivilous, then I support fines being imposed, etc. I'm not questioning that at all. I'm questioning why this is in the news? I mean we have no facts presented just that someone's being sued by the RIAA.

      (wich anyway the patriot act re-enables for you all US folks) here's why

      As far as I know the patriot act has no provision for allowing frivilous law suits.

      --
      No Sigs!
    7. Re:I don't get it..... by Alberic · · Score: 1

      As far as I know the patriot act has no provision for allowing frivilous law suits
      I thought it allowed delation again ?

      --
      *squeak*
  26. Truth in blurb? by beoswulf · · Score: 5, Insightful

    Okay, did I read the correct story? So she may have never used a computer, but I assume she is paying for the cable or dsl service that is likely attached to her television or phone bill? Or a child used her credit card to open an AOL account... And that there is someone in her household who uses the internet she is paying for to share music on p2p? That happens all the time in these cases. A kid shares the music and the parent is blissfully ignorant. The way the blurb is phrased sounds like it was written by Pravda. Is there another article with more details?

    1. Re:Truth in blurb? by Sneftel · · Score: 1

      Not that I can find... which lends credence to your theory. The e-muckraker's recipe for success: decontextualize a non-event so it sounds maddeningly absurd, and reap the perceived veracity of your claims when the mainstream media don't bother to report on the non-event at all. (For bonus points: Berate the mainstream media for being in bed with whoever it is you don't like.)

      --
      The opinions stated herein do not necessarily represent those of anybody at all. Deal with it.
    2. Re:Truth in blurb? by shark72 · · Score: 4, Insightful

      "Okay, did I read the correct story? So she may have never used a computer, but I assume she is paying for the cable or dsl service that is likely attached to her television or phone bill? Or a child used her credit card to open an AOL account... And that there is someone in her household who uses the internet she is paying for to share music on p2p? That happens all the time in these cases. A kid shares the music and the parent is blissfully ignorant. The way the blurb is phrased sounds like it was written by Pravda. Is there another article with more details?"

      THANK YOU.

      I have no idea what the full story is here. None of us do. But what I do know is that the page linked to in the writeup is that of the defendant's lawyer.

      It's the lawyer's job to convince you of their client's innocence. They don't need to be fair and balanced. They don't even need to be accurate, if it promotes their agenda and helps them win the case.

      It's really quite sad that so many people are reading a statement by a lawyer handling a case -- and thus whose motivation should be clear -- and are just swallowing it like it's gospel truth. Slashdotters are usually smarter than this.

      --
      Sitting in my day care, the art is decopainted.
    3. Re:Truth in blurb? by Flyboy+Connor · · Score: 1
      Or a child used her credit card to open an AOL account... And that there is someone in her household who uses the internet she is paying for to share music on p2p? That happens all the time in these cases.

      Yeah, but that is the point, isn't it? The RIAA just randomly pick someone to sue, and then go try to get the case together after the fact. "You are breathing, so you must steal music. It is just a question of determining how you are doing that." And with enough lawyers, against someone who cannot afford a lawyer, they are going to win, or at least scare the person they are sueing into settling out of court.

      The RIAA, and every other institution for that matter, should have sufficient grounds to sue a particular person, not just the fact that they know their name and where they live.

    4. Re:Truth in blurb? by vikks · · Score: 1
      It's really quite sad that so many people are reading a statement by a lawyer handling a case -- and thus whose motivation should be clear -- and are just swallowing it like it's gospel truth. Slashdotters are usually smarter than this.

      Which clearly shows that letters RIAA for sloashdotters are like red rag for bull or short skirt for men - smarts and intelligence goes out the window instantly. Just why is it this way is completely another question.

      --
      Digital is an exercise in precision, while analog was an exercise in controlled chaos.
      [ digitalFAQ.com ]
    5. Re:Truth in blurb? by just_another_sean · · Score: 1

      "Slashdotters are usually smarter than this."

      <oblig>
      You must be new here...
      </oblig>

      --
      Creationist Textbook Stickers Declared Unconstitutional by CowboyNeal
    6. Re:Truth in blurb? by laird · · Score: 1

      "So she may have never used a computer, but I assume she is paying for the cable or dsl service that is likely attached to her television or phone bill?"

      Exactly. The process that the RIAA goes through is rather contorted in order to protect ISP's customer's privacy. A few years ago they could get the customer's name from the ISP, do some research, then decide if they want to sue. But a court ruled that ISP's could refuse the request until there was a suit filed. The court ruling was well a good idea (protecting privacy is good), but it means that now the RIAA has to file a lawsuit with nothing more than an IP address and a timestamp (and a record of x-hundred files served by that IP address), and only finds out the name of the person paying for the account with that IP address after filing the lawsuit. Of course, they can't know the name of the person actually doing the file sharing, since there's no way to know who's sitting in front of the computer.

      So far as I recall, the RIAA hasn't ever been wrong about the IP address or the file sharing, but has been embarassed a few times because the person paying for the internet account was obviously not the one doing the file sharing. So while "I've never even turned on a computer" is a great line, my guess is that the reality is more along the lines of "Don't blame me, blame my kids/grandkids".

      One of these cases will be interesting when the file sharing is done by a neighbor over an open WiFi connection. Are you responsible for what someone else does if they're using your internet connection without your knowledge or permission? Given that WiFi gateways are all open by default, and plenty of people in apartment buildings "borrow" neighbor's internet connections, I'm surprised that this hasn't occurred yet.

    7. Re:Truth in blurb? by soccerisgod · · Score: 1

      oooooooor it was a simple mixup about the name (Mary Smith, anyone?), which is not that unlikely and which would be embarassing because it would show neglect in their "investigations".

      --
      If a train station is a place where a train stops, what's a workstation?
    8. Re:Truth in blurb? by rizole · · Score: 1
      "Slashdotters are usually smarter than this."

      Wait.....you must be new around here.

    9. Re:Truth in blurb? by Anonymous Coward · · Score: 0

      That's not where the problem lies, they don't know the persons name until they file the lawsuit. They go to judge with an IP Address and Time-stamps and a list of files being shared file a Lawsuit, asking for discovery of that person's identity from the relevant ISP. The ISP provides the records of which of their subscribers had that IP address at the time of question, identifying the subscriber for the purposes of the Lawsuit.

      The ISP only has the name of the person in which the ISP Account is held in, which is usually the homeowner, or whoever is paying the cable/internet bill. It could be that persons kids or grandkids, but the only person the RIAA can go after, is the person who pays the bills, as they are the "legal owner" of the connection.

    10. Re:Truth in blurb? by Spatula+Sam · · Score: 1
      The way the blurb is phrased sounds like it was written by Pravda. Is there another article with more details?

      In Soviet Russia, the blurbs are written by Pravda!

    11. Re:Truth in blurb? by marcosdumay · · Score: 1

      It is a matter of expectations. Most people expect the RIAA to sue everybody whitout bothering to check the facts. Most people also expect a lawer that asks for a judgement to be anteciped to have a point, because it would be follish to not have, and most lawers are not fools.

      But this may be a case where the RIAA checked the facts, and the lawer is a fool, who knows?

    12. Re:Truth in blurb? by darkmeridian · · Score: 1

      Looks like a technical defense that may not be really true. Woman probably has a computer but RIAA could not prove it. RIAA is the plaintiff so it has to prove every element of its case. Without a seizure there's no proof that she ever had a computer. So she can claim she never had one. I'll bet she probably has a computer somewhere in her house.

      --
      A NYC lawyer blogs. http://www.chuangblog.com/
    13. Re:Truth in blurb? by gd23ka · · Score: 1

      You know, your handle "Shark72" isn't all that confidence inspiring either...

    14. Re:Truth in blurb? by jasen666 · · Score: 1

      That's a pretty positive defense, one I'd like to see tried out.
      Even if you have WEP and MAC filtering enabled on your router, it's still easy enough to crack that. Any highschooler with the proper software can do it. So you'd have the additional defense of "I turned on all the security features my router provided me, therefore someone has additionally broken the law and trespassed against me, by bypassing my security, and then used my connection to commit further actions by downloading music and movies."
      Which would have the additional benefit of hopefully trumping their next logical argument against you, the "guilty through negligence" argument.

  27. Stop contributing to this problem by quokkapox · · Score: 1

    Stop contributing to the problem by buying media distributed by evil corporations. Share all the music you already have with all your friends and then buy your new music from the artists themselves, or make your own and give it away or try to sell it. Promote it yourself online. We don't need record companies anymore.

    --
    it's a blue bright blue Saturday hey hey
    1. Re:Stop contributing to this problem by archevis · · Score: 1
      Yeah, we can always download the rest from the Inte...

      Wow, who said that?

  28. Luckily for the RIAA by Gobiner · · Score: 1

    Luckily for the RIAA, they don't actually need evidence to prosecute.
    http://yro.slashdot.org/article.pl?sid=06/01/27/15 52240

  29. Helpful in future lawsuits? by Jason1729 · · Score: 1

    Can others sued by them use this to show that the RIAA is suing people at random with allegations that are hard to disprove and no real evidence and get their cases dismissed?

    1. Re:Helpful in future lawsuits? by The_Mr_Flibble · · Score: 1

      Probably not because most of them settled out of court. And if it went to court and you tried to get it dismissed you'd be taking a chance.

  30. Similar to earlier case by SiliconEntity · · Score: 4, Insightful
    This has similarities to the Santangelo case we discussed last year. There, the mother of four denied that she had ever used a file sharing program or downloaded any of the music the RIAA claimed.

    Here is an article that describes recent news in that case:

    http://www.forbes.com/business/energy/feeds/ap/200 6/01/26/ap2481064.html

    However her defense has changed slightly:
    The Wappingers Falls woman says she never downloaded any songs and if it was done on her computer by her children or their friends it's the fault of a file-sharing program for allowing them to do it.
    Ah, yes... the old "it's the fault of a file-sharing program for allowing them to do it" defense. I wonder how well that one will fly.

    Apparently Santangelo is receiving all kinds of donations from big hearted Internet file traders but frankly it looks like money down the drain to me. There is no way she is going to win when she's already basically admitting that she failed to supervise her kids and their friends when they were using her computer.

    As far as this new case, who wants to bet that it won't turn out the same way? The lady maybe never touched the computer, but what about the kids? She's responsible for their actions! Saying "I didn't do it" won't help if it's your kids, like what appears to be the case with Santangelo.
    1. Re:Similar to earlier case by Anonymous Coward · · Score: 1, Interesting

      How can one supervise what one cannot understand (excepting Management et all)? You'd think there would be some sort of "contextual mental age" measurement for determining who was more lucid of the dangers present.

    2. Re:Similar to earlier case by Anonymous Coward · · Score: 0

      The difference in this case is that she doesn't even own a computer.

    3. Re:Similar to earlier case by arkhan_jg · · Score: 1

      There is no way she is going to win when she's already basically admitting that she failed to supervise her kids and their friends when they were using her computer.

      Why not? Assuming the case is as portrayed, and it appears to be, the lady being sued DIDN'T commit the offence - the children did. The suit should be against the child responsible - but they're not old enough to be a defendant, because they're assumed by the law not to be capable of understanding that they were breaking one.

      If you're arguing that she's guilty because the account and computer are in her name, then try this on for size:

      Your underage child borrows your car. They joyride round for a bit, get in an accident, and kill someone. The police turn up, and you should be convicted of vehicular manslaughter because the car is in your name, despite the fact that it's clear you weren't the one driving, or had any knowledge that your child was going to do that.

      I'm sorry, but just because someone owns a computer and an internet account, that does not mean they should be legally liable for all that someone does on it without your knowledge, any more than boeing should be sued for causing 9-11.

      --
      Remember kids, it's all fun and games until someone commits wholesale galactic genocide.
    4. Re:Similar to earlier case by rahrens · · Score: 2, Insightful

      If this lady's in her 80's, she probably doesn't HAVE underage children, in which case, if there IS a computer in the house, it very well may belong to the kids, with no presumption of oversight on her part.

      RTFA - it says SHE Doesn't Own A Computer! If anybody else is in the house that DOES own one, the RIAA has to sue them, not her.

      --
      "Money is truthful. If a man speaks of his honor, make him pay cash." Notebooks of Lazarus Long, Robert A. Heinlein
    5. Re:Similar to earlier case by poot_rootbeer · · Score: 1

      The lady maybe never touched the computer, but what about the kids? She's responsible for their actions!

      But is she CRIMINALLY LIABLE for their actions?

      If a 12-year-old gets caught selling drugs, do they put his mother in jail?

    6. Re:Similar to earlier case by Himring · · Score: 1

      I don't see how this will fly. I don't know anything about copyright law, but I am familiar with certain laws and rulings. It's all about intentions. All law is about intention. If a judge or jury figures you intended to break the law then you'll fry. If they figure you never intended anything wrong, then you'll walk or get a light sentence/penalty.

      It's going to be darn hard to say that a parent running a house full of kids, working a fulltime job, etc., so forth must also be responsible for all tv viewing, radio listening, phone conversations, game console playing, hand-held gaming and the computer usage of their kids. Parents are not obligated to supervise their kids 24/7 nor know about obscure laws and cases going on that might so happen to infiltrate their home. Did she also know about her kids ripping the "illegal to remove" labels off of the mattresses?

      To me, these RIAA lawyers will have to prove that she intended to violate copyright laws either herself or by-proxy through her kids. I seriously doubt they'll be able to do that. This thing about "it's the software's fault" is her lawyers talking. All she has to do is convince the judge that she's a good mother her feeds her kids, gets 'em ready for school every day, feeds 'em dinner, drives 'em to soccer games, takes 'em to church and lets em goof off a half hour a day in the family room where there's a tv, playstation and computer. Other than that, she didn't know a damn thing about the computer system that was bought from Dell and that she uses herself twice a month to look at drapes and coffee tables on ebay. She probably doesn't even realize the computer is not the monitor.

      I honestly don't see how the RIAA can keep this shit up. It's just a matter of time before a big case is going to shut them down. Albeit, several families are going to go through some hell before that happens....

      --
      "All great things are simple & expressed in a single word: freedom, justice, honor, duty, mercy, hope." --Churchill
    7. Re:Similar to earlier case by Himring · · Score: 1

      I'm not done yet!

      Since when is a mother of four -- or anyone -- responsible for the content they receive across eletronic devices, approved by regulations to purchase, using technology that violates no laws to connect to? So, like, if she were listening to Howard Stern and he violates FCC regulations, is someone going to drag her to court? After all, she "heard" the violating words herself. Did she not plug in the device, turn it on, find the station and then intentionally sit there waiting for the crime to occur? Wtf people?!?

      This gets to another thing that bothers me and that's speeding tickets and/or "road tax." It's nothing more than another way for local and state police departments to generate more revenue. Wtf?!? If the fastest speed limit allowed on any road in the U.S. is 70 MPH then why sell cars to the public that violate that? By this logic, someone should pay a fine for hearing a violation of FCC regulations. It makes sense to put a governor on the vehicle so that it cannot break the law.

      Let's sum-up (to quote Inigo Montoya):

      "Speeding" in a car = your fault
      "Hearing" an FCC violation = someone else's fault
      "Hearing a song that could be played on the radio, but that you downloaded instead and listened to on your computer" = everyone's fault, but especially a soccer mom's fault....

      --
      "All great things are simple & expressed in a single word: freedom, justice, honor, duty, mercy, hope." --Churchill
    8. Re:Similar to earlier case by herbierobinson · · Score: 1

      In the case where minor kids install the file sharing program without the parent's knowledge, the providers of the file sharing program might be liable. The reasoning goes like this:

      1. Secretly publishing files off a computer belonging to person A without person A's permission is a felony.

      2. The file sharing suppliers get around this by having the installer of the program agree to a EULA.

      3. Minor children to do not have the authority to agree to the EULA; therefore, it is invalid.

      On top of that, tricking children into doing something illegal is probably illegal in and of itself (Contributing to the delinquency of a minor).

      If the RIAA lawyers are anything other than complete idiots, I would think they would jump at the chance to switch the blame to the file sharing program.

      --
      An engineer who ran for Congress. http://herbrobinson.us
  31. Lost profits! by Nephrite · · Score: 5, Funny

    Seriously, if she never used a computer then she didn't buy any media or software, so media producers lost profits. That's even worse than pirates 'cuz hardware manufacutrers lose profits either! Jail her now.

  32. I know what they're really after.. by Kohaku+Nanaya · · Score: 3, Funny

    Since they first sued a dead woman for copyright infringement, and now they're suing a woman for the same thing that does not have a computer. I can put these facts together, and come up with this idea: The RIAA is really a ghost hunting organization. First the dead woman (a ghost!), and now a nonexistant computer (a ghost!). These clearly show their hidden agenda :)

    1. Re:I know what they're really after.. by swissfondue · · Score: 1

      So, who ya gonna call?

      --
      Rubies and Pearls are not what you think.
  33. iPod listener? by buldir · · Score: 2, Funny

    I bet she also listens to her iPod with the volume up way too high.

  34. It can be explained... by Anonymous Coward · · Score: 0

    ...perhaps she's from Soviet Russia?

  35. Totally legal absurdum by Pecisk · · Score: 1

    I don't get. They want legal system go down in smokes? It is total massive abuse of court system at it's best. Maybe we should start to sue everyone who breathes the air?

    Gosh. Such shortsightness...

    --
    user@ubuntubox:~$ stfu This server is going down for shutdown NOW!
    1. Re:Totally legal absurdum by archevis · · Score: 1
      "Maybe we should start to sue everyone who breathes the air?"

      Sorry dude, I patented that.

  36. FutureCrime Strikes Again by Shacky · · Score: 1

    Perhaps someone at the RIAA had just finished watching "Minority Report" and got a bit wide-eyed at all the money they could make by using that method with this? :)

    1. Re:FutureCrime Strikes Again by Kohaku+Nanaya · · Score: 1

      Yeah, no kidding. Though in Minority Report it was called "PreCrime" IIRC.

  37. Not unusual by Anonymous Coward · · Score: 0

    I have never used a computer either. This woman is not guilty.

  38. *sigh* by Dri · · Score: 1

    I remember an old Teddybears STHLM song that comes to mind.. Only In America.

    --
    Girls are strange. They don't come with a man page.
    -- Michael Mattsson
  39. I live in germany by aepervius · · Score: 1

    And I never heard of the german equivalent making such "hunt". If they do , well, they are really bad at making themselves in the news.

    --
    C. Sagan : A demon haunted world:
    http://www.amazon.com/gp/product/0345409469/
    visit randi.org
  40. GVU by Nahooda · · Score: 1

    Maybe the notorious GVU?

    Regards,

    -DBS

    --
    Sigs suck!
    1. Re:GVU by muuh-gnu · · Score: 1

      No, they dont go after the ordinary filesharer here, but after release groups, professionel counterfeiters and so on. The only company who started suites on a large scale was a game developer, who practically "purged" the eMule network from his game, by suing some 10 oder 20 thousand filesharers who offered it. But on the other side, though he succeded, he "only" requested every defendant to pay the 30-40 Euros the game was initially sold for.

  41. Depends where You Live by giafly · · Score: 2, Informative

    Re: The lady maybe never touched the computer, but what about the kids? She's responsible for their actions!

    You sure? Marie Lindor and Patricia Santangelo both live in New York.

    "Today, all States but New Hampshire and New York have provisions holding parents civilly responsible for youth crime, with an average maximum recovery amount of $4,100." - Parent Responsibity Laws.
    IANAL

    --
    Reduce, reuse, cycle
    1. Re:Depends where You Live by EmagGeek · · Score: 1

      It's too bad for the defendants that they were sued in federal court and not state court...

  42. The odds are they would find copyright violations by usurper_ii · · Score: 2, Informative

    That is what is really bad, because just about everyone violates copyright, from your parents down to your little kid brother. It is like arresting people for being terrorists because they had bomb making materials under their sink...as does just about every single person in America.

    If we are going to have laws, the punishment should fit the crime, and getting 60,000.00 out of some poor sap for doing the same thing that every other person is doing is just wrong. If someone was printing up 10 thousand copies of a CD to sell at flee markets, that might be a reasonable fine (maybe).

    What we need to do is have some good old fashioned Black Sabbath The Mob Rules...and run a few RIAA execs up on a tree with a rope. Maybe that would put into perspective for them the concept of punishment fitting the crime.

    Usurper_ii

  43. Google's Ironic Quote of the Day by rockwood · · Score: 4, Informative
    "The music business is a cruel and shallow money trench, a long plastic hallway where thieves and pimps run free, and good men die like dogs. There's also a negative side."

    - Hunter S. Thompson

    --
    Never try to beat a professional at his own game!
  44. No, could be a shill for the lawyers by Potor · · Score: 1

    If you look at that page, there is more about the lawyers who are handling the case than about the case itself. There is even a sales pitch, and an attempt to solicit cases. I am against the RIAA as much as y'all, but the presentation of this story strikes me as funny ...

  45. $30 Copyright lasting 70 - 120 Years? by layer3switch · · Score: 1

    http://www.copyright.gov/circs/circ1.html

    REGISTRATION PROCEDURES
    Original Registration

    To register a work, send the following three elements in the same envelope or package to:

    Library of Congress
    Copyright Office
    101 Independence Avenue, S.E.
    Washington, D.C. 20559-6000

          1. A properly completed application form.
          2. A nonrefundable filing fee of $30 for each application.

                NOTE: Copyright Office fees are subject to change. For current fees, please check the Copyright Office Website at www.copyright.gov, write the Copyright Office, or call (202) 707-3000.

          3. A nonreturnable deposit of the work being registered. The deposit requirements vary in particular situations. The general requirements follow. Also note the information under "Special Deposit Requirements."

            *

                If the work was first published in the United States on or after January 1, 1978, two complete copies or phonorecords of the best edition.
            *

                If the work was first published in the United States before January 1, 1978, two complete copies or phonorecords of the work as first published.
            *

                If the work was first published outside the United States, one complete copy or phonorecord of the work as first published.
            *

                If sending multiple works, all applications, deposits, and fees should be sent in the same package. If possible, applications should be attached to the appropriate deposit. Whenever possible, number each package (e. g., 1 of 3, 2 of 4) to facilitate processing.

    ---------------

    No wonder RIAA is kicking in their own shit pile. People like fuck nut Sonny "Bonehead" Bono made this possible.

    --
    "Don't let fools fool you. They are the clever ones."
    1. Re:$30 Copyright lasting 70 - 120 Years? by HikingStick · · Score: 1

      The real kicker is that copyright law changed in recent decades, so you no longer need to file for specific protection. Copyright is automatically assumed for any original work. Of course, filing with the copyright office makes it easier to sue in the event of infringement, but it is not required.

      --
      I use irony whenever I can, but my shirts are still wrinkled...
  46. Re: The RIAA, Darts, and Lawsuits by some+guy+I+know · · Score: 1
    1. Rip pages out of telephone directory
    2. Pin to wall as darts target
    3. Throw dart
    4. Sue based on the result
    5. Profit!!!
    (6. Repeat)
    They'd better not be doing that.
    I have a patent on using darts to decide who to sue.
    --
    Those who sacrifice security to condemn liberty deserve to repeat history or something. - Benjamin Santayana
  47. I sure hope... by greyspk · · Score: 1

    ... that RIAA tactics are not taken on by other industries - cause otherwise we might end up being blamed and sued for illegally downloading and sharing music without using computers, speeding without driving a car, illegally migrating without crossing a border and doing oh-so-many things you can be blamed for without ever going anywhere near them.

  48. Oh good.. by Anonymous Coward · · Score: 1, Funny

    Now I can sue my neighbour for war in Iraq, he doesn't have any tanks but who cares.

  49. obvious by big_scary_robot · · Score: 1

    Isn't it obvious what is going on here? She is from the future. I mean, everybody know that people from the future do not need to use computer because they can simply plug the internet directly into their brain (of course an adapter is required to interface with the low-tech ethernet we have today). Actually, i was lying about that. she is not from the future. sorry to get you guys all excited and ready to "welcome our internet-teathered-brained overloards." What really happened, and in telling you this, i know i am risking the safety and well being of myself and my family, is the government, in association with the RIAA, implanted in her a computer that, when she thinks about a song, crosschecks against the music that she has legally purchased. If the song she is thinking of is a song she hasn't legally purchased, it is automaticly downloaded and stored on a hard drive located where one of her kidneys was removed. So this is a warning to you, and future generations: buy your music before you think of it or suffer the fate of this woman.

    1. Re:obvious by The_Mr_Flibble · · Score: 1

      I for one think that no one is inoccent therefore she is at sometime going to be guilty of copyright infringment, in the future at some point, therefore this is a pre-emptive attack.

  50. Cease and Desist by commodoresloat · · Score: 5, Funny
    RIAA: 'la la la - I can't hear you!'

    Dear Steve:

    Greetings. I represent the RIAA. The song "la la la - I can't hear you!" is copyrighted by BMG, an RIAA member corporation. Your appropriation of the lyrics without permission of the copyright holder is in direct violation of Title 17 USC 101-810. Indeed, your transmission of said lyrics over the internet constitutes a distribution of copyrighted material, and your use of the "online distribution system" known as "slashdot" for your criminal activity amounts to conspiracy to commit copyright infringement. Moreover, the use of the "moderator" system to enhance the visibility and thus the distribution of our client's intellectual property multiplies the damages significantly. Please cease and desist in the use and distribution of our client's property or face legal action.

    1. Re:Cease and Desist by Anonymous Coward · · Score: 0

      la la la - I can't hear you!

    2. Re:Cease and Desist by Doctor+Faustus · · Score: 1

      RIAA handled recordings. This would be an appropriate joke about ASCAP.

  51. Well, I'm not a lawyer... by Anonymous Coward · · Score: 0

    But I've never heard of a "summary judgement" motion being heard before discovery, much less what sounds like a standing, oral one. Seems like a motion to dismiss or motion for declaratory judgement is more appropriate if the complaint was just filed, and that's the impression I get in the letter from the defendant's attorneys

    Hope they know what they're doing.

  52. In related news by Karem+Lore · · Score: 1
    SCO sues IBM (and whomever) for whatever.
    Apple is sued for hearing loss.
    RIM gets sued by paper pushing company.
    Rockstar gets sued for hot coffee.
    Google gets sued by government for client confidentiality.
    Microsoft sues Linus Torvalds for not having a windows license. (OK made this one up).

    Anyone else see that there is no point in fighting the US, they are doing a perfect job of screwing themselves over...

    karem

    --
    When all is said and done, nothing changes...
    1. Re:In related news by damsa · · Score: 1

      Rim is a Canadian Company.

    2. Re:In related news by Karem+Lore · · Score: 1
      But is fighting a US court case against a Luxembourgish company...hmmm

      Check out here for more info. Karem

      --
      When all is said and done, nothing changes...
  53. For a moment, imagine she had by Opportunist · · Score: 3, Funny

    Let's imagine 2 things for a moment. First, that she's an old granny of 80something, and second, that her grandson bought her a computer so she could stay in touch with him via e-mail.

    No, she didn't download. How could she? She has no idea how that machine works. All she knows is "click here, click there, write text, click here". But what do you think happens then?

    Search warrant, all her neighbors watching, realizing that the police is hauling stuff from her home. A computer? Oh, kiddy porn. After all, that's what you get to see on TV when they haul computers out of homes.

    Granny dealing in kiddy porn? How could she? But then, she's always been the quiet one... you know, gotta watch those creepy quiet ones...

    That lady better be VERY glad she doesn't have a computer! Own a computer, hook it to the 'net and you're already with one foot in the prison. But nobody cares when you own 10 guns and an artillery piece...

    --
    We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  54. Heard it in the ether by LiquidCoooled · · Score: 1

    So I woke up this morning, radio was blaring.
    Terrible music - crappy DJ just general RIAA crap.
    walked downstairs turned on the tv.
    More shitty music videos blaring blaring.

    Get in my car tuned to 103. Roll down the windows as happy as can be.
    Blasting my eardrums - its Britney this time.
    I need more, time for 102 - dance and hardcore - woohoooooo

    Arrive at work to start streaming.
    Radio 1 from the ip nice and loud
    Turning it louder to drown out colleagues - might finally get some work done.

    Time for the weekend - have lots of fun.
    Out to the club - blasting my eardrums
    Back at the house - Barry white's on the turntable.

    Sat in the cafe soothing my hangover - chillout tunes all through my head.
    Go to the park, find some band playing - oh no it hurts my head.
    Sat at the comp - readin slashdot, hear about an artist and see where they are.
    Yayyy kazaa has got one, time to start. Downloading all well listens so fine.
    Think to myself - I like this artist I'll go buy his album.
    Wake up on Monday happy as can be - set to go CD shopping as quickly as can be.
    Finds a letter - its addressed to me - the RIAA are suing me :(

    It seems I did something wrong - I shouldv been more careful.
    The bastards they heard me and started to rant.
    Now I have to get a lawyer or I can't pay the rent.
    All because I whistled to Britney at a public event.

    The moral of this tale is that music is everywhere in our lives.
    We listen for free day in and day out and have it everywhere.
    grrrrrrrrrrrrrrrrrrrr
    and more grrrrrrrrr @ the stupid bastards

    --
    liqbase :: faster than paper
  55. Simple ... pick victims at random by KnightTristan · · Score: 3, Funny

    Why would the RIAA actually bother to investigate what songs are downloaded and by whom? Too much trouble for them! Everyone has illegally downloaded before, right? So no one will ever notice if you just ...

    1. pick up the phone book and choose your victims at random.
    2. pick a few popular songs that everyone must have downloaded anyway
    3. ...
    4. profit!

    1. Re:Simple ... pick victims at random by Mark-Allen · · Score: 2, Interesting

      Everyone has illegally downloaded before, right?

      Hmmm... No. I haven't. And I don't intend to ever download songs illegally. As an ex-DJ, who always made sure the clubs I worked at had paid their license fees, I see little reason to do download illegally.

      But this is my personal decision.

      I go out and buy what I want.

      I have never copied/downloaded a movie DVD or a CD. It just doesn't sit right with me.

      Just my 2 centimes.

      --
      If you can stay calm, while all around you is chaos... then you probably haven't completely understood the question.
    2. Re:Simple ... pick victims at random by indifferent+children · · Score: 1
      I have never copied/downloaded a movie DVD or a CD. It just doesn't sit right with me.

      Don't worry, your RIAA lawsuit is in the mail and will arrive shortly. If you do not receive it within 6-8 weeks, please call 1-800-555-1212 and another copy will be sent for a small handling fee.

      --
      Censorship is telling a man he can't have a steak just because a baby can't chew it. --Mark Twain
    3. Re:Simple ... pick victims at random by Rorgg · · Score: 1

      I haven't either. Frankly, there's not much in pop music I'm interested in, so I don't mind shelling out $15 for a CD the once a year I get an itch to hear something. As for movies, I just can't imagine sitting at my PC watching the movie. If I'm sitting there, I'm either working or playing some sort of game. I'll sit on my couch and watch the movie that Netflix mailed me or TiVo saved. It's just... less irritating, and I can afford the small monthly fees.

      It's not even that I have a big moral objection to the downloading -- any more than I had to accepting a mix tape from a friend in 1982 and listening to it. It's just not worth my bother. Those PIRACY = STEALING advertizements on DVDs I'm forced to fast forward through and stuff like this though are nearly irritating enough to get over the inertia that's keeping me legal.

    4. Re:Simple ... pick victims at random by Hrodvitnir · · Score: 1

      3. Sue
      3.5. Settle

      --
      "There are more important things than stopping terrorism. Upholding the Constitution is one of them." - Ars Forumer.
  56. RIAA Sues Woman Who Has Never Used a Computer by RokcetScientist · · Score: 0

    'Frivolous' lawsuits like this - facilitated by the system - are a clear sign of the fascism that is developing alarmingly fast in American society. Very scary!

  57. Not buying it by rjdohnert · · Score: 1

    For some reason, I think the defendant in this case is full of shit. First, what does she do? She is a home health aid, sometime in the course of her training she has used a computer and if she is so old that she didnt have computer training and she still works in the field I wouldnt want her as my home health aid. Also, home health aids are normally given a laptop to store their clients information. Very rarely and Im talking only bumfukt Egypt do they use paper anymore. I live in the very redneck part of North Carolina where they cant even spell 'computer' and they have computers

    Whether this story is made up, or she is just trying a new innovative defense I find it very hard to believe as would any judge. The only way she is going to get this thrown out is if she can show massive identity theft and be able to prove it.

    1. Re:Not buying it by 1000baseFX · · Score: 1

      Garbage, I know more than a few home healthcare people that don't use/bring a computer/laptop to the clients home as there is no need for one. Remember, this is not the first bogus suit filed by the RIAA.

    2. Re:Not buying it by rjdohnert · · Score: 1

      Where do you live? Egypt? Let me guess they seem to magically remember everything about their clients? Garbage, every home health worker I know of including hospice workers are issued and use Laptops or other mobile computing device. I'm beginning to think this thing is made up. Fact checking isnt turning up much of anything.

  58. not again by wwmedia · · Score: 0

    looks like RIAA really frecked up (again)

  59. RIAA sues woman by Anonymous Coward · · Score: 0

    Let's all e-mail her to let her know she has our support!

  60. RIAA by galdrin · · Score: 1

    Pseudo code for dealing with the RIAA:

    do while number of RIAA Lawyers > 0
            select RIAA Lawyer
                    execute RIAA Lawyer (no one will miss it)
    loop

  61. Not only cheating RIAA by GomezAdams · · Score: 3, Funny

    But also Bill Gates is due his $300 - $400 dollars for a computer operating system and a full office suite (plus anti-virus software) she should be using. What a thoughtless woman. She and her kind are resposibible for holding back the economy. Think of the starving Chinese children turning out computer boards and peripherals that are being denied their daily bowl of rice. Oh, the humanilty! Think of all those pimple faced kids in their first job at the local appliance stores being deprived of ales. And the ISPs not getting their share.
    What a shame. This woman and her kind are criminals. Let's round them up and send them all to re-education camps and force feed them computer classes until they change their anti-social behaviors.

    --
    Too lazy to create a sig...
    1. Re:Not only cheating RIAA by Dunbal · · Score: 3, Funny

      Think of all those pimple faced kids in their first job at the local appliance stores being deprived of ales.

            At first I thought this was a typo and you meant sales, but no, that's right, isn't it? Hehe.

      --
      Seven puppies were harmed during the making of this post.
    2. Re:Not only cheating RIAA by Himring · · Score: 1

      Think of all those pimple faced kids in their first job at the local appliance stores being deprived of ales.

      They work for beer?...

      --
      "All great things are simple & expressed in a single word: freedom, justice, honor, duty, mercy, hope." --Churchill
    3. Re:Not only cheating RIAA by VGPowerlord · · Score: 1
      But also Bill Gates is due his $300 - $400 dollars for a computer operating system and a full office suite (plus anti-virus software) she should be using.

      I noticed that you left out the word "each" after dollars. :P

      --
      GLaDOS for President 2016! "Well here we are again. It's always such a pleasure." -- GLaDOS, 2011
  62. You certainly don't know how the law works. by porkchop_d_clown · · Score: 1

    Parents are liable for the behavior of their minor children. In your strawman case, the parents can, in fact, be sued for negligence.

    1. Re:You certainly don't know how the law works. by arkhan_jg · · Score: 4, Insightful

      Parents are liable for the behavior of their minor children. In your strawman case, the parents can, in fact, be sued for negligence.

      Yes, but that's because the parent has not been performing their duty of care - an offence for which they would probably be found guilty in my hypothetical. My point is that they are not guilty of the offence the child committed.

      If the police wanted to prosecute Ms Santangelo for negligance for allowing her child to use the internet unsupervised, that's one thing; but for the RIAA to be able to successfully sue her for Copyright Infringement, an offence she didn't commit, is another thing entirely, and wrong.

      --
      Remember kids, it's all fun and games until someone commits wholesale galactic genocide.
    2. Re:You certainly don't know how the law works. by glesga_kiss · · Score: 1
      Parents are liable for the behavior of their minor children.

      No they aren't. They should be, but under the law in most countries they are not. Try and find examples of a parent being convicted of a childs crime that was committed without the parents knowledge.

      In your strawman case, the parents can, in fact, be sued for negligence.

      You can sue someone for anything. Doesn't mean you'll win. How many parents lock up their car keys? How is it negligent if a child takes keys out of a kitchen drawer? Good luck winning that case.

      I've long argued for legislating parental responsibility. Parent's should accept a percentage of their childrens crimes. So, if the child gets caught stealing once, no biggie. However, if the parent then does nothing to change things, the parent should be convicted of every third crime done by the child. Exceptions would be if the parent was actively trying to improve things. Many of the problems in society are caused by increasing amounts of people not giving a fuck about others. Force them to and things will improve.

    3. Re:You certainly don't know how the law works. by Anonymous Coward · · Score: 0

      You should NEVER legislate responsibility for one person's actions onto another - if the person who committed the crime is too young to be responsible for it then you just have to accept that this time no-one gets punished. When you punish a parent for the actions of their child you do nothing but embitter the parent (and increase the number of people who may-go-psycho-with-a-shotgun) and send the message to the child that they can do anything they like and someone else will get punished for it. Kill someone? no biggie, your parent gives you a clip around the ear just before they're led off to the gaol.

    4. Re:You certainly don't know how the law works. by aardwolf64 · · Score: 1

      I agree... if a 16 year old flips out and kills a bunch of people, they don't give the parents the electric chair. They try the kid as an adult.

  63. I see a resemblance by Anonymous Coward · · Score: 0

    Both parties sued in your example were women.
      Does RIAA hate women ? Does RIAA discriminate against them ?
     
    I smell a class-action suit coming their way with 50% of the world's population participating in it !

  64. That's easy by Savage-Rabbit · · Score: 5, Funny

    I know... like, how the hell does she pirate music and have meaningless arguments with strangers?

    You join either the Democrat or Republican parties and attend the party congress. You will get into plenty of meaningless arguments although some say the the patriotic music offered at these events tends to be a bit cheesy. If you want to get serious about meaningless arguments you can also run for the Senate. Be warned it is an expensive hobby and you have to have your moral backbone and conscience surgically removed.

    --
    Only to idiots, are orders laws.
    -- Henning von Tresckow
    1. Re:That's easy by RevMike · · Score: 1

      I know... like, how the hell does she pirate music and have meaningless arguments with strangers?

      You join either the Democrat or Republican parties and attend the party congress. You will get into plenty of meaningless arguments...

      Actually, in such a situation you have an extremely small but measurable chance of actually influencing the national direction on something. To be certain of getting into an a 100% meaningless argument, attend meetings of third parties. Or look for the community activist organizations run by old hippies who advocate solutions like "If we hold a big music festival with folk singers and jam bands, it will bring peace and fix the environment."

    2. Re:That's easy by ab0mb88 · · Score: 1
      although some say the the patriotic music offered at these events tends to be a bit cheesy.

      Let the eagle soar....

  65. World's fastest tractor :) by abelian · · Score: 5, Funny
    A couple of weeks ago in England: http://news.bbc.co.uk/1/hi/wales/south_west/462695 2.stm

    A farmer from Wiltshire got a penalty notice accusing him of doing 85mph on his tractor in south Wales.

    His tractor, however, has a top speed of 26mph and has never been to Wales. Simple case of mistaken identity: automatic numberplate reader gets the plate wrong.

    The farmer's quote:

    "It's a good tractor, but not that good."

    1. Re:World's fastest tractor :) by Jah-Wren+Ryel · · Score: 1

      The farmer's quote: "It's a good tractor, but not that good."

      Little does he know that his kids have been hot-rodding it and now it is equipped with a turbo-charger, racing-stripe and 44" spinners. Since they are minors he is still responsible for their use of his tractor.

      --
      When information is power, privacy is freedom.
    2. Re:World's fastest tractor :) by Anonymous Coward · · Score: 0
  66. Article by franksands · · Score: 1

    Does anyone have a link to the actual article, instead of somebody's blog?

    1. Re:Article by Kredal · · Score: 1

      The fact that it's her lawyer's blog helps the case against the submitter, though.

      --
      Whoever stated that signature sizes should be limited to one hundred and twenty characters can just go ahead and kiss my
  67. how did she scan and post the letter then? by Anonymous Coward · · Score: 0

    how, tell me, how?

  68. Since TFA was pretty thin... by Anonymous Coward · · Score: 1, Funny

    Here are some more facts about the person sued by the RIAA:

    * She has been dead since 1983

    * Is on the terrorist watch list

    * Was recorded by Diebold as having cast three votes for President Bush in the 2004 Ohio general election

    * Lost her life savings when the buggy whip industry unexpectedly collapsed

    * Is blind and deaf

    * Is named in legal documents as the Principal on 35 offshore Enron subsidiaries

    * Has been the subject of NSA wiretaps and was recently classified as "a clear and present danger" in a Presidential daily security memo after an alleged meeting with several Quakers and other terrorists

    * When recently sued by the MPAA for downloading a copy of Backdoor Adventures of Butthead and Beaver, her successful defense was that the bulb in her movie projector burned out in the early 1960s and was never replaced

    1. Re:Since TFA was pretty thin... by Anonymous Coward · · Score: 0

      "Backdoor Adventures of Butthead and Beaver"

      You have outdone goatse using words only. Truly, you are a master. I puke in your general direction, sir.

  69. In Soviet Union joke. by AHuxley · · Score: 0, Offtopic

    In capitalist west music industry notes ip's when you share recording.
    In Soviet Union music industry shares recording of YOU with KGB.

    --
    Domestic spying is now "Benign Information Gathering"
  70. Re:The odds are they would find copyright violatio by n54 · · Score: 3, Interesting

    Good illustration with the pipe bomb example.

    The only thing I disagree with is the lynch mob because we simply don't need it, society already does something much more effective: blatantly ignoring misconstrued laws. It's not even civil disobedience simply the aggregate of common sense. Imho RIAA lost close to a decade ago and have since been involved in a protracted harakiri as they continue to sue willy-nilly while not managing to follow their own rules and seeing major artists publicly state their support for ordinary filesharing.

    I know it's little comfort for those unlucky enough to be affected by the death throes of RIAA. I know the justice system and most politicians are lagging at least 20 years behind society but that has always been the case and isn't any kind of surprise. If one tries to speed things up one should be very wary of doing more harm than good.

    Rant warning!

    RIAA really had/has no reason to fear individuals filesharing and should have jumped at this gratis opportunity for broad artist exposure and recognize the market for high-quality reasonably priced unobstructive digital formats. Instead of their centralized campaigns for a handful of artists they could have taken advantage of everyone promoting everyone for free and let the naturally popular artists rise instead of trying to manufacture them. If they had any business sense they would be actively promoting filesharing, making it easy for fans and casual listeners alike to support & pay those they enjoy, making it easy for artists and consumers alike to find each other and create communities. If they did all that they would be doing their job which boils down to having a living thriving music industry, as it is they're doing the opposite. They could still change course but they wont because they do not understand anything about their customers or the market. Businesses that have no clue about their own market disappear over time, I doubt the RIAA will exist in their present form come 2016.

    Wow I've got to add a rant warning at the beginning lol :)

    MPAA has tried to learn from RIAAs fiasco but the whole bizarre strategy of DRM, DCMA etc. is so fundamentally flawed that they can't have learned much. At the least they have not understood that the only people they punish with such strategies are their lawabiding customers and as such they're in practice fighting for "piracy" even if that's not their intent.

    RIAA & MPAA shooting themselves in the foot is too much of a mild description; they're repeatedly stabbing themselves in the chest and have been doing so for years -- noone survives that but luckily it has nothing to do with the continued existense of great music and movies as eventually the cash flows will just end up being rerouted around them.

    I'm eagerly avaiting the day a senators or congressmembers child/familymember is hauled in to court by the RIAA or MPAA, they share too. Hell, I'm pro-Bush but I'm sure there's at least one track on his beloved iPod that's "pirated" lol :)

    --
    this comment is provided "as is" and without any express or implied legibility or congruity [...]
  71. She should countersue for price-gouging by digitaldc · · Score: 1

    I think she should countersue the RIAA for the price-fixing scheme for CDs she never even bought.

    --
    He who knows best knows how little he knows. - Thomas Jefferson
    1. Re:She should countersue for price-gouging by DaveV1.0 · · Score: 1

      No, she should sue for harrassment, lost work time, defamation of character, and intentional infliction of emotional distress.

      --
      There is no "-1 offended" or "-1 you don't agree with me" mod options for a reason.
    2. Re:She should countersue for price-gouging by tony1343 · · Score: 1

      If she didn't buy a CD under the price fixing scheme she would have no injury, and thus, no standing to sue in court.

  72. It doesn't seem that the suit would hold water if. by ursabear · · Score: 0, Redundant

    If, indeed, she doesn't use a computer, then she should be safe from the lawsuit. If she has a relative/friend that is using a computer on her internet connectiton that did indeed deal with lots of music sharing, then she's going to have some issues.

    Seriously, the way that the industry's lawsuits are going, they're going to sue themselves out of business. Public relations nightmares like this are bad news for the white-hat artists, labels, and outfits. NOISE(like this lawsuit) gets in the way of providing MUSIC for FANS and keeping artists CREATIVE and focused on the FANS.

    I have strong opinions about the rights of creative people's productions, but I have even stronger opinions about mis-guided, money-focused individuals who do not place appropriate value on the FANS and the CREATIVE process.

    [operator_voice]We're sorry, the music fans you have reached are no longer in service or are no longer interested. Please make a note of it.[/operator_voice]

  73. color blind by jasonhamilton · · Score: 1

    Are you calling me color blind?

    --
    SearchIRC - Now with live chat directory!
    1. Re:color blind by vikks · · Score: 1

      Not unless you are a bull (as in bos taurus). Assuming you are male, see the short skirt part - it does work, does it not?

      --
      Digital is an exercise in precision, while analog was an exercise in controlled chaos.
      [ digitalFAQ.com ]
  74. Re:It doesn't seem that the suit would hold water by rahrens · · Score: 2, Funny

    "Marie Lindor, a home health aide who has never bought, used, or even turned on a computer in her life,"

    If she DOESN'T even OWN a computer, WHY WOULD SHE HAVE AN INTERNET CONNECTION?

    "Read the f****** article", people!

    --
    "Money is truthful. If a man speaks of his honor, make him pay cash." Notebooks of Lazarus Long, Robert A. Heinlein
  75. Re:It doesn't seem that the suit would hold water by ursabear · · Score: 1

    Spelling... eye dough kneed dispel chequer...

  76. I got one by GoMMiX · · Score: 1

    The Computerized Accounting class in Rogers High School, of Rogers, Arkansas, did not even have or use computers in any of it's lessons until a few years ago.

    That was an interesting class.

    And educators around the state keep asking themselves what they need to do to bring our educational system up to par with the rest of the country. Pfft.

  77. Wrong person, right name by Tzinger · · Score: 1

    It happens often that someone gets confused about where "Marie Lindor" lives. Now if I could only make a joke out of this, I could get modded higher.

    --
    "If all the American people want is security, let them live in prisons." Eisenhower
  78. Cause for applause?? by Crimson+Dragon · · Score: 1

    Well well.... here we are again. The decaying corpse of a business model that the RIAA upholds persists in its campaign to put out an inferno with lighter fluid. The tone of that sentence alone tells you how much I begrudge the wasted efforts in this field as opposed to appropriate market adaptations. .... but I applaud Marie being sued by the RIAA.

    How in the world does one maintain such an untenable position? It's simple, really. The more truly innocent people the RIAA sics their dogs on, the less credibility they have when they lie about losing their money to unscrupulous thieves. I want the RIAA to go after Jane Doe who never touched a PC, or any other John Q. Public who never uses a computer. I want the toxicity level in the music consumer's blood to rise to the point of doing what should have been done a while ago: permitting market forces to crush competitors who do not innovate.

    I will always feel for the artist who needs to get by on the $0.17 an album they may get from the big label pigs, but I will feel a lot better with the RIAA beaten from this current path, and P2P philosophy finally hitting music production.

    --
    The Crimson Dragon
  79. Robots are primarily used for destroying japan... by BecomingLumberg · · Score: 3, Funny
    If it is true that this woman has never used a computer, it is clear that this woman must be a cyborg. How else could she have downloaded all these songs and reproduce them in all that analog bliss with a 3-note range? *She* must be the computer doing all the downloading and redistributing, causing the decline of capitalism and the rise of Godless comunism.

    I advise that we send her ass to GitMo or Area 49 (used for cyborgs, not aliens, located in California, of course) for some serious probing- let Congressmen Conyers and Sensenbrenner plug her analog hole for a little while!

    --
    If a nation expects to be ignorant and free, in a state of civilization, it expects what never was and never will be.-TJ
  80. Wrong names by SeanDuggan · · Score: 1

    Anyway, Junior went bankrupt due to some bad business decisions, and suddenly John Senior found himself not being able to use his credit cards anymore. He only managed to get them back after several heated phone calls...
    You think that's bad... just wait until the companies have an even more shared databasing system. It's hard enough getting your name out of one database, but when it's ditributed over 50 of them and they all cite the others when asked for the authenticity of the source of their data, things can get pretty ugly.

    --
    This sig has absolutely no significance and serves only to take up screen space and waste the time of the reader.
  81. Laws Need To Be Reviewed? by CreativeGuy · · Score: 1

    Maybe the law the RIAA is using to sue people needs to start being reviewed like the Patriot Act.

  82. OT: Microwaves by dwandy · · Score: 2, Funny
    We were just talking about microwave networks to connect remote communities ... and I was wondering what a medium-sized kitchen appliance had to do with internet connections.
    There was some debate here, so thanks for clearing up that it is a computer. ...so, err, how do you get the internet onto one of them things?

    I guess this OT here, and should go in as an Ask/. but any help would be appreciated.

    --
    If you think imaginary property and real property are the same, when does your house become public domain?
    1. Re:OT: Microwaves by mikael · · Score: 1

      You can get a web enabled washing machine. It automatically downloads clothing care programs. However, the 1st generation machine needs to be connected to a PC in order to download files, but the 2nd generation machine will have a built-in modem.

      The machine is the result of a three-year development project that involved 30 engineers and cost roughly $3.5 million, according to the company.

      There was also a web-enabled refrigerator that would allow you to download music, E-mail, take photographs and do teleconferencing. Photograph of the machine. Original article

      And there's also a microwave with a built in LCD display which doubles as a TV screen and CCTV system so you can see what is cooking inside.

      Add a personality chip and a speech synthesizer, and your refrigerator could become your personal dietician. As Dave Lister would say Smeg.

      --
      Vintage computer adverts: http://www.vintageadbrowser.com/computers-and-software-ads
  83. Bah! by TheConfusedOne · · Score: 1

    Come back to us when you've got uuencoded jpg's on your 'fridge using those magnetic letters...

    --
    --- I wish I could hear the soundtrack to my life. That way I'd know when to duck.
  84. Email by Anonymous Coward · · Score: 0

    How does she check her email?

  85. I'm starting to think the RIAA picks at random.... by Joce640k · · Score: 2, Insightful

    I'm starting to think the RIAA "investigators" pick people at random from the phone book or something and the only reason there aren't more cases like this is because almost everybody is using P2P.

    --
    No sig today...
  86. Re:Picture of money by tbcpp · · Score: 1

    I heard of a guy this same sort of thing happened to. He got a picture of his car speeding. So he took a picture of $100 and sent it back. The Police must have been in a good mood, because they sent him annother letter with a picture of handcuffs in it. The guy paid his bill

    --
    Man is the lowest-cost, 150-pound, nonlinear, all-purpose computer system which can be mass-produced by unskilled labor.
  87. Free Range vs. Modern Husbandry by SeanDuggan · · Score: 4, Interesting
    RIAA really had/has no reason to fear individuals filesharing and should have jumped at this gratis opportunity for broad artist exposure and recognize the market for high-quality reasonably priced unobstructive digital formats. Instead of their centralized campaigns for a handful of artists they could have taken advantage of everyone promoting everyone for free and let the naturally popular artists rise instead of trying to manufacture them.
    While I want to agree with you, I'm going to have to call you on that. I suspect they make a lot more money by grooming particular artists and therefore knowing where their money will be coming from. To use an analogy, look at the state of animal husbandry. In medieval times, it was not uncommon to let your pig or cow free range for food. It was considered cheaper than providing for feed. Nowadays, I'm sure people would argue that it provides for a survival of the fittest, much as you state your idea regarding music. However, what typically happened was that there was little control over your animal and its productiveness. Your cow might be stolen by bandits. It might be shot by an errant poacher (or an earnest one). Even when it survived, you had no idea what it had been eating and who it was breeding with. And average production for those cows was small. With modern animal husbandry techniques, we now keep the naimals penned and well fed, control their breeding, and we wind up with cows who have easily 50 times the milk production of medieval cows. Right now, the RIAA has those penned and bred cows. They know they can milk those cows and be assured of a rich bounty because they bred them that way. And you're asking them to free range their artists? It's just not a smart move for them.

    I'm eagerly avaiting the day a senators or congressmembers child/familymember is hauled in to court by the RIAA or MPAA, they share too. Hell, I'm pro-Bush but I'm sure there's at least one track on his beloved iPod that's "pirated" lol :)
    Feh! Do you think their lawyers would let them get that far? I would not be surprised if they have a database of names which they automatically remove from consideration. At that, they probably do make a non-token effort to ascertain who's actually pirating out of the people they prosecute. It's only due to volume that we're getting these "never touched the Internet" people. If the RIAA were at all smart, they'd come out publically and state that this person was all a mistake and award her $500 worth of music from RIAA artists. It would be good publicity, the "we made a mistake and are making up for it" kind, plus it will cost them all of $5 plus shipping to do so, since they own the CDs.

    --
    This sig has absolutely no significance and serves only to take up screen space and waste the time of the reader.
    1. Re:Free Range vs. Modern Husbandry by dwandy · · Score: 4, Insightful
      we now keep the naimals penned and well fed, control their breeding, and we wind up with cows who have easily 50 times the milk production of medieval cows. Right now, the RIAA has those penned and bred cows. They know they can milk those cows and be assured of a rich bounty because they bred them that way. And you're asking them to free range their artists? It's just not a smart move for them.
      An interesting analogy, 'cause I think it continues:
      Although the production quantities and profit have gone up for the farming conglomorates (from our moddern food production system), there is growing evidence that we are in essence poisoning ourselves. As an example, cows are fed steroids and antibiotics and these are then found in the milk. While this is good for the profits of large corporations, it doesn't do us any good. We can already produce more food than we can eat.
      So, the RIAA is able to control music production to their own enrichment. The cost that we are paying is that the human spirit, the soul, the whole reason humans make music in the first place is lost. In other words: the music supply is poisoned.

      The solution is to support free-range artists...

      --
      If you think imaginary property and real property are the same, when does your house become public domain?
    2. Re:Free Range vs. Modern Husbandry by Anonymous Coward · · Score: 0

      Are you calling Britney Spears a cow? :)

    3. Re:Free Range vs. Modern Husbandry by lspd · · Score: 2, Insightful

      With modern animal husbandry techniques, we now keep the animals penned and well fed, control their breeding, and we wind up with cows who have easily 50 times the milk production of medieval cows.

      There is one problem with your analogy. The cows in this case aren't the musicians, they're the consumers. The RIAA wants to keep consumers penned in and forced to listen to radio stations they control, to watch music television they control, and to buy CDs at record stores they control. We are the cows that can't be trusted to make decisions on our own.

    4. Re:Free Range vs. Modern Husbandry by symbolic · · Score: 1

      and we wind up with cows who have easily 50 times the milk production of medieval cows.

      Unfortuanately, this production comes at a cost to those who consume it, as the cows are also often pumped full of steroids and other crap that a free-ranging cow would have no contact with. There are some remarkable similarities here, since RIAA artists tend to exhibit the same sense of "artificiality".

    5. Re:Free Range vs. Modern Husbandry by rhendershot · · Score: 1

      >> To use an analogy, look at the state of animal husbandry

      One thing about this analogy though; if you imagine an infinite number of animals on the free range then the return per animal is more than enough to make up the difference. Digital distribution allows for infinite 'free-range animals'.

      The genetics issue is interesting. While there's no chance that "Master of Puppets" can breed with "Hotel California", there is a lot of remixing/sampling going on. It would be a mistake to assume the RIAA has no clue to what it's fighting.

      I think they've well acknowledged that opening music reduces it's 'uniqueness' on which the whole concept of Copyright is based. When this chord riff or that staccotic change is deemed 'in general use' then music based on it loses its raison d'etre.

      Even, to return to your analogy, in the days of simple farming and open free-ranging, a particular bull which presented unique genetic traits would be protected from open breeding since it was a clear 'market edge' that the rancher should contain.

      If true, personally I'd consider it of minimal real concern. I remember many rock bands of the 70's that re-used similar chord progressions and whatnot. But I surely could identify which band as it released new music - before the DJ told us who it was. And it was that 'personality' of the band that kept me returning (plus a dose of trust that they'd continue to talk about things I wanted to hear).

      I could see how an exec might be given an analysis of exponential decrease of revenue based on marginalizing of their stables uniqueness though.

    6. Re:Free Range vs. Modern Husbandry by Maxo-Texas · · Score: 1

      I would add to this that most animals (and plants) raised by animal husbandry methods have a lot less nutritional value than free range animals.

      You produce a lot of animals with lots of meat but they are missing some of the nutrients that we needed in the first place (and sometimes contain more of bad things because of antibiotics and chemical fertilizers). It's like the tomatoes that are flushed with gas so they look red, but really they are not ripe, don't taste right, and are over 80% useless fiber (so they won't bruise in shipping) vs something like 20% for a real tomato.

      By corollary- we produce a LOT of music via RIAA methods, but most would agree a lot of it is not very good (no message, no emotion, nothing new). The last club I went to, you could not distinguish one song from another- it was basically a beat to bounce up and down to- how things have changed in the past 30 years. Basically, it's down to the least common denominator.

      --
      She was like chocolate when she drank... semi-sweet at first and then increasingly bitter.
    7. Re:Free Range vs. Modern Husbandry by budgenator · · Score: 1

      In medieval times there was no refrigeration so a cow that produced 50X more milk or with an extra 500Kg of meat meant either a village feast then famine or a lot of waste.
      The RIAA will never admit they made a mistake, at best they'll say she is a victim of some nefarious file-sharing pirate who stole her identity and that they'll continue to investigate to protect us all.

      --
      Apocalypse Cancelled, Sorry, No Ticket Refunds
    8. Re:Free Range vs. Modern Husbandry by thegnu · · Score: 1

      As an example, cows are fed steroids and antibiotics and these are then found in the milk.

      Plus, the application of rBGH causes distention of the udder, and illness. It causes there to be massive amounts of pus and mucus in the milk you drink. Yum. Buy some organic milk alongside non-organic, and do a taste test. That mucus residue in your mouth after you drink commercial milk is COW MUCUS. Not even cow snot. It's sick-cow-disgusting-leaking-from-its-titties mucus.

      IN YOUR MOUTH.

      --
      Please stop stalking me, bro.
    9. Re:Free Range vs. Modern Husbandry by Anonymous Coward · · Score: 0

      What... you don't like cow mucus? How very un-American of you.

    10. Re:Free Range vs. Modern Husbandry by n54 · · Score: 1

      "One thing about this analogy though; if you imagine an infinite number of animals on the free range then the return per animal is more than enough to make up the difference. Digital distribution allows for infinite 'free-range animals'."

      I was going to reply but you put it perfectly right there: it's the one primary point that escapes the cartels. Diversity of products increases overall consumption. The cartels are stuck applying meat-space economics (in which the cost of diversity sometimes doesn't increase overall profits) to mostly "virtual" products (creativity, skill, distribution) which is a big money-losing mistake.

      I've got to add that in my opinon a "Master Puppet of Hotel California" mash-up would be even more unique than either of the original songs :) (someone please feel free to make it).

      --
      this comment is provided "as is" and without any express or implied legibility or congruity [...]
    11. Re:Free Range vs. Modern Husbandry by uab21 · · Score: 1
      I would not be surprised if they have a database of names which they automatically remove from consideration.

      Time to change my name to "Geroge W Bush" and get a server.

  88. Clarification by Daath · · Score: 2, Funny

    Let me clarify your post:

    1. Rip pages out of telephone directory
    2. Pin to wall as darts target
    3. Throw dart
    4. Sue all those that weren't hit by dart
    5. Profit!!!
    (6. Repeat) :)

    --
    Any technology distinguishable from magic, is insufficiently advanced.
    1. Re:Clarification by Senzei · · Score: 1
      Let me clarify your post:

      1. Rip pages out of telephone directory
      2. Pin to wall as darts target
      3. Throw dart
      4. Sue all those that weren't hit by dart
      5. Profit!!!
      (6. Repeat) :)

      Which means the RIAA is the only place in the world where games of darts played by blind people are an encouraged practice.
      --
      Slashdot: Where anecdotes and generalizations can be freely substituted for facts, logic, or intelligence
  89. Where's the information? by spud603 · · Score: 1

    As far as I can tell, this entire hullabaloo is based on a three-sentence letter allegedly posted by the defendent's lawyer, an Inquirer article about as long and detail-rich as as the back of my cerial box, and a blog entry taken almost word-for-word from that article.
    What and where are the sources? The the lawyers just call the Inquirer and tell them that they have a story? How 'bout we do some source checking before we post inflamatory articles to slashdo?

  90. Safest place to hide is out in the open by scottsk · · Score: 1, Flamebait

    So the RIAA is sending the strong and unmistakeable message that the safest place to hide is out in the open. They sue parents because of what their children do, sue a guy who wiped his hard drive, sue a woman who has never used a computer. The only safe thing to do is BE A PIRATE because they're the ONE GROUP NO ONE IS SUING!!! Fire up WinMX - er, BearShare now - and get to work being very OPEN about BLATANT DISSIMENATION OF COPYRIGHTED MATERIAL. That's the only way to avoid the RIAA. (And you have to wonder what the POINT of all this is, since it has zero effect on any sort of file sharing.)

  91. When .sigs attack by dwandy · · Score: 1
    I've had it with this nonsense. I don't buy CDs from RIAA affiliates anymore and neither should anyone else.
    --
    Hello, Dad? I'm in jail.
    ...if the RIAA had their way, these would be related.
    --
    If you think imaginary property and real property are the same, when does your house become public domain?
  92. Bikers by Anonymous Coward · · Score: 0

    I have to admit. The fuckers are winning somewhat. My gf is extremely afraid of them and therefore does not download music. We've talked about it and I'm like, "nah, no big deal. Just do it." "But won't they catch me?" "Nah," I say, "how they gonna catch you?..."

    This is some story where they're suing the lady who has never powered up nor touched a computer in her life. Funny as shit some of the comments. Gotta love /.

    But worrying about the RIAA, it all reminds me of this biker I spoke to once who was talking about buying a stolen harley. I was like, "but won't you get busted some day riding it?" He was like, "how they gonna do that?" I was like, "well, serial numbers?" And he proceeded to give me the future conversation between himself and an officer:

    Him: Is there a problem officer?
    Officer: Yea, where'd you get the bike?
    Him: I bought it off a guy.
    Officer: Who?
    Him: Dunno, never got his name, paid cash.
    Officer: Why are the serial numbers filed off?
    Him: Dunno, I guess the guy didn't like 'em....

  93. Realistic Costs by SeanDuggan · · Score: 1

    But on the other side, though he succeded, he "only" requested every defendant to pay the 30-40 Euros the game was initially sold for.
    Unless there's some degree of "cost of court" added to that, I'd think that's a nice way to win yourself out of business. Even if he only did this with people who admitted their guilt, the costs are likely to add up to more than the margin on his game. Then again, that does mean that he's got some publicity both from his altruistic bent and from several thousands copies of his game as running advertisement for other people to buy it.

    --
    This sig has absolutely no significance and serves only to take up screen space and waste the time of the reader.
    1. Re:Realistic Costs by henni16 · · Score: 1

      Unless there's some degree of "cost of court" added to that

      There are additional fees so that (IIRC) it comes to ~200 Euros..

      It is an almost completely automated system that works like this:

      0. Game developer use the service of some dubios firm (logistep) that makes some bullshit (*) claims about their great P2P monitoring technology.

      1. Dubios firm collects IP addresses of people sharing the game or at least files named like it, using a modified shareaza client that automatically sends the data to a closely connected law firm and the sharers' ISPs.

      2. Lawyers swamp the attorneys of their district by filing tens of thousands of autmatically generated form letters (similar to "John Doe" stuff in the US).

      3. Attorneys subpoena ISP subscriber infos, will likely cease/delay prosecution because they (and the courts) have real work to do and can't keep up with the form letter machinery. Although there were already some raids.

      4. BUT the attorneys have the subscriber infos in their files and the plaintiff can (and will) request access to those records.

      => lawyers send a kind of cease and desist letters offering not to sue them in civil court if they pay X Euros damage and bill them their (practically not existing) legal "costs". But the criminal prosecution may still continue.

      5. AUTOMATED PROFIT!!!

      (6. One ISP got pissed by the hundreds of mails per hour telling them to keep the logs for IP a.b.c.d and got a court order against the law firm to stop the mass-mailing abuse of their network

      7. Attorneys are pissed off, publically asking for a law change that allows them to drop the mass of those bagatelle cases

      8. Politicians listen with the left ear to the attorneys and with the right ear and their pockets to the music industry and discuss to grant direct access to ISP customer records to the "content producers" )

      (*) technical bullshit claims like "monitoring FTP services like WinFTP and Bittorrent"

  94. Possible defense for others? by DaveV1.0 · · Score: 1

    I wonder if this case could be referrenced as proof that the RIAA "evidence" is false.

    After all, how correct could it be if they are suing a woman who has not, and does not own a computer?

    Seems like it would be built in doubt for all cases past, present, and future.

    --
    There is no "-1 offended" or "-1 you don't agree with me" mod options for a reason.
  95. 15-minute famous by trollable · · Score: 1

    Every one will be famous 15 minutes in his life. I guess it was the time for her.

  96. Sadly by hey! · · Score: 5, Insightful

    it doesn't matter.

    RIAA doesn't sue people for the money.

    It doesn't even sue people to get them to stop doing whatever they are supposedly doing.

    They sue them for the publicity.

    This is worse than mere barratry: the more outrageous the abuse of the legal system, the more it suits there purpose. They'd send a spurious C&D to a deaf vegan paraplegic nun who runs a homeless shelter, if they could find one. In fact, brazenly baseless accusations are better than substantive ones; it gets the point across without the expense of a trial.

    They're trying to establish a reputation like the La Cosa Nostra. And they want to use that reputation exactly the same way: to create de facto privileges that do not exist de jure, e.g. "You don't want to park there, that's Vinnie the Hatchet's spot."

    And you can't call them to task for their misappropriation of state machinery to despoil private individuals of their fundamental human right to be left alone; not without talking about it, which is exactly what they want you to do.

    --
    Post may contain irony: discontinue use if experiencing mood swings, nausea or elevated blood pressure.
    1. Re:Sadly by WhatAmIDoingHere · · Score: 1

      The only publicity they're getting is "They Sued an Infant" and "They sued a crippled grandmother".. there's no "OMG FILESHARING IS BAD CUZ DEY SUE LOL I SHUD STOP, ROFL" happening because of this.

      --
      Not a Twitter sockpuppet... but I wish I was.
  97. Hooray! Field Day! by l3prador · · Score: 5, Funny

    Lawyer: "When's the last time you used a computer?"
    Ms. Lindor: "Actually, I've never used one in my life."
    RIAA Lawyer: "OBJECTION, relevance!"

  98. Grammer Nazis by Spock+the+Baptist · · Score: 5, Funny

    When out in public how can you tell a Grammar Nazi by just looking at them?

    Simple, look for an adhesive label on their lapel with an upsidedown lower case 'e' on it.

    By their schwa-stickers ye shall know them.

    --
    "Oh drat these computers, they're so naughty and so complex, I could pinch them." --Marvin the Martian
    1. Re:Grammer Nazis by thePowerOfGrayskull · · Score: 1

      That's all well and good for grammer nazis, but how do you recognize the grammar nazis?

    2. Re:Grammer Nazis by Marc_Hawke · · Score: 1

      Walmart has this thing called 'SWASH'es. Or 'SWAS', I can't remember what it is, (my sister works for Walmart, not me). Anyway, she was telling me about these 'SWAS' stickers they were putting up.

      She totally didn't get it.

      --
      --Welcome to the Realm of the Hawke--
    3. Re:Grammer Nazis by narcolepticjim · · Score: 2, Funny

      Does a Grammer Nazi point out mistakes in the television series "Frasier"?

      Affectionately,

      The Spelling Nazi (I monitor "The Love Boat," "90210," "Melrose Place," etc.)

    4. Re:Grammer Nazis by renehollan · · Score: 1
      "By their schwa-stickers ye shall know them."

      Heh.

      I remember when doing speech recognition research, we'd refer to the schwa as the "garbage vowel", the catch-all phoneme for all miscellaneous vocalizations.

      --
      You could've hired me.
    5. Re:Grammer Nazis by Lesson+No.+25 · · Score: 1
      "By their schwa-stickers ye shall know them."

      Heh.

      I remember when doing speech recognition research, we'd refer to the schwa as the "garbage vowel", the catch-all phoneme for all miscellaneous vocalizations.

      Eh?
    6. Re:Grammer Nazis by Anonymous Coward · · Score: 0

      Best. (Worst?) Pun. Ever.

      A shame about the "singular them," though. Yeah, yeah, Shakespeare used it, I know. Whatever. Suck it, descriptivists. Pedants rule.

  99. Re:I'm starting to think the RIAA picks at random. by Mick+Ohrberg · · Score: 3, Insightful
    ...the only reason there aren't more cases like this is because almost everybody is using P2P.

    Kind of like the old adage that goes something like "Discipline your child often. Even if you don't know what they did, they do." And no, I have no children. Yet. But it would seem clear that the RIAA really needs to look over their methods for collecting evidence. Didn't they end up suing a supposedly innocent Mac-user once, because they didn't realize that on a DSL or Cable subscription, you have dynamic IP? Maybe they need to be taught that *everybody* do not have computers, and *everybody* with computers are not using them to l33ch mp3s.

    --

    Quidquid latine dictum sit, altum sonatur.

  100. Re:I'm starting to think the RIAA picks at random. by bosabilene · · Score: 5, Insightful

    In the old days people had a way of dealing with people like the RIAA execs. They grabbed them, stripped them, beat them, coated them in tar and feathers. In other words they made a public example of them to discourage other similar-thinking assholes from doing the same thing. Are we too civilized for that today?

  101. Re:Picture of money by avdp · · Score: 1

    That's an old classic joke. I've seen it make the email rounds several times...

  102. Paris Hilton? by Anonymous Coward · · Score: 0

    Is there anyone else?

  103. Offtopic - TV License Fee Question by TheRealBurKaZoiD · · Score: 0

    So, just out of curiosity, how much IS a tv license fee in the UK?

  104. Incorrect Quote? by Anonymous Coward · · Score: 0
    I JUST read a book (Chapter 10, page 151, of Bias, by Bernard Goldberg) for English Comp 2 that used that quote, but what's being quoted is... well, not what the book used. The person that it's being attributated to is correct. Here's what was in the book:

    "The TV business is a cruel and shallow money trench, a long plastic hallway where thieves and pimps run free, and good men die like dogs."

    Oh, and the title of the chapter is, "Where Thieves and Pimps Run Free."

    I also checked Wikiquote, and the parent's quote is up there. However, it's only in the "attributed" section.

    1. Re:Incorrect Quote? by Rucker · · Score: 2, Informative

      Here's an interesting article on the misquotes.

      --
      Rucker
    2. Re:Incorrect Quote? by Anonymous Coward · · Score: 0

      Ah, very interesting. I just emailed the link to my teacher, thanks.

    3. Re:Incorrect Quote? by WhatAmIDoingHere · · Score: 1

      Ask Al Franken about that book.

      --
      Not a Twitter sockpuppet... but I wish I was.
  105. If the RIAA didnt have their heads up their asses by taxevader · · Score: 1

    ..they'd do a quick background check on all potential defendants, costing them thousands but saving them millions worth of bad PR. Idiots.

    --
    -Copyright law #69:Whenever Mickey Mouse is about to enter the public domain,copyrights get extended by 25 years.
  106. thank you by Anonymous Coward · · Score: 0

    Thank you for making me laugh out loud on a Friday that feels like a Monday.

  107. This pisses me off... by octaene · · Score: 1

    Mainly because this poor woman (note: making the assumption of total innocence) is going to have to hire a lawyer, deal with this crap on her offtime or maybe even take off time from work in order to deal with this crap.

    I hope she files suit against the RIAA and sues them for her lawyer fees, etc.

    1. Re:This pisses me off... by Mccavity91k · · Score: 1

      You didn't even have to RTFA, just the whole of the post: "She has requested a pre-motion conference in anticipation of making a summary judgment motion dismissing the complaint and awarding her attorneys fees under the Copyright Act."

  108. I get the impression.... by cbiltcliffe · · Score: 5, Funny

    this is just the ISP's playing games with the RIAA.

    RIAA: Give us the user of this IP address!!!
    ISP: Why?
    RIAA: We have the right to commit murder to prevent copying of our intellectual property under the DMCA! This IP was trading files! Give us the name or we'll kill you!
    ISP: [flips through phonebook.....] Ok, Ok...it was....Joe Schlabotnick, of 123 Main Street, Fukyusville, Montana.
    RIAA: Thank you. Well...not really. You should consider yourselves honoured to give us the information of your cruminal customer scum!
    ISP: Oh, we are....we are... [giggling in background]
    RIAA: SUESUESUESUESUESUE!!!! [Calls Joe Schlabotnick]
    Joe: Hello?
    RIAA: We know you are stealing our music using Napster! [whispering in background...What?...that's legal now....ok, then what's still illegal?......] using KaZaA, eMule, LimeWire, and Bearshare, all at once! You have no chance to survive make your time!
    Joe Schlabotnick: Huh? It couldn't have been me. I don't even own a computer.
    RIAA: What happen? Someone set us up the bomb!

    --
    "City hall" in German is "Rathaus" Kinda explains a few things......
  109. how long? by intthis · · Score: 1

    how long will it be until the RIAA has plain-clothes agents wandering the streets of major cities, harassing everyone they see, with those too-familiar white earbuds, about how they acquired their music, and can they produce doccumented proof on the spot...

    --
    now is the winter of our discotheque
    1. Re:how long? by rts008 · · Score: 1

      Yeah, that's kinda where my mind takes this also.

      New RIAA investigation tactic: "Are you Sarah Conner?"

      --
      Down With Slashdot BETA!!! I've been around the corner and seen the oliphant; you can only abuse me from your perspecti
  110. Re:I'm starting to think the RIAA picks at random. by rts008 · · Score: 1

    A good, old fashioned tarring and feathering???!!!
    You sir are my temporary hero! Outstanding idea!

    "Are we too civilized for that today?"

    from what I see on the news and read in the papers, no, we are not too civilized for this, but we sure like to delude ourselves we are!

    --
    Down With Slashdot BETA!!! I've been around the corner and seen the oliphant; you can only abuse me from your perspecti
  111. Re:I'm starting to think the RIAA picks at random. by Rude+Turnip · · Score: 1

    I, for one, cannot *wait* until the day comes when the RIAA sues a legitimate businessman from a respectable family, if you know what I mean. What's that old saying? Don't ask for more money that it would cost to have you whacked ;-)

  112. Ignorance by HermanAB · · Score: 1

    of a computer is no excuse...

    There are always two sides to a story - how did her name get into the system after all, but it sure sounds even more hokey than radar speed fines.

    --
    Oh well, what the hell...
  113. Do you want your enemies to be efficient? by redelm · · Score: 1
    'Scuse me, but is the OP somehow in favor of the RIAA? Why complain about their inanities and injustice? It hurts them enormously, and accelerates their demise. Yes, there is some collateral damage, but citizens _do_ have a civic duty. Being sued so unjustifiably isn't so onerous.

    If the RIAA were even modestly cautious (and I'm not gonna mention how), they'd be far less defective. Then their suits would be far less ridiculous, better received and they'd win. Judges may not be able to acknowledge they read the newspapers, but they sure as H3ll can pay close attention to all court rulings. They don't like paperhangers.

  114. Identity theft [Re:How...] by tuomas_kaikkonen · · Score: 1
    To me this sounds more and more like a case of an identity theft victim being sued for using her banking card in a business, who leaked her information to an identity thief. Or maybe she just ordered some magazines from a door-to-door salesman and gave away her information. Who knows, there are too many ways for a thief to get your personal financial data.

    How would you prove you are a victim of an identity thief? How could you have prevented the theft from happening in the first place?

    Remember, if you have a debit or credit card, you are using computers. Your data gets transferred online between computes, over the phone lines, over the Internet, over the USPS, UPS, FedEx, in tapes, DVD-ROMs, CD-ROMs, etc. Then the courier agent loses your tapes (Read, someone stole them).

  115. Re:I'm starting to think the RIAA picks at random. by MarkGriz · · Score: 4, Funny

    I'm starting to think the RIAA "investigators" pick people at random from the phone book ...

    Indeed, and once we see a lawsuit against Navin R. Johnson, well know for sure.

    --
    Beauty is in the eye of the beerholder.
  116. Re:I'm starting to think the RIAA picks at random. by mooingyak · · Score: 2, Interesting

    It wouldn't get the exec whacked though. He'd suddenly have union troubles and every last thing he'd ever done that was remotely illegal would have local cops investigating it. It'll all go away when he drops the suit AND pays a handsome penalty.

    A bigger truism is don't whack a guy when you can extort him for some cash.

    --
    William of Ockham had no beard. The most likely explanation is that it was chewed off by squirrels every morning.
  117. Harrassment? by findawg86 · · Score: 1

    Isn't the RIAA's action's considered harrassment in this case? I mean they are sueing a woman who never even turned on a computer in her life. What data could they possibly have had to have justification for this acusation? I just think the RIAA is getting out of hand.

  118. Preemptive Strike by Bob9113 · · Score: 1

    You're all overreacting. You have no understanding of the complex issues involved. Clearly this was an entirely justified preemptive strike by the RIAA. They had intelligence from a reliable source, code named "Curve Ball", that this woman intended someday to use a computer and that she holds many of the same philosophies as those who have already infringed copyright. They even had specific intel showing exactly where she planned to set the computer up. It's a slam-dunk. Furthermore she is well known to have jaywalked several times and that she is not a pure free-market capitalist. It doesn't matter if she didn't intend someday to use a computer - the RIAA (as well as everyone else, by the way) believed that she would, and even if that is now known to be false, she is still a jaywalker who supports socialist programs like medicaid. This preemptive lawsuit was the right thing to do. It was never about copyright infringement, from the beginning of this post I have said it is about jaywalking and socialism. If the RIAA cuts and runs from this battle it will only provide aid and comfort to the enemy.

  119. Typical closed minded Slashdotters by swagr · · Score: 1

    Just because someone is completely innocent doesn't mean you can't sue the pants off them.
    C'mon, give the RIAA a break. Haven't they suffered enough?

    --

    -... --- .-. . -.. ..--..
  120. Re:I'm starting to think the RIAA picks at random. by Gilmoure · · Score: 1

    Is he related to Mike Hunt?

    --
    I drank what? -- Socrates
  121. Maybe they're smarter than most of us. by wonkavader · · Score: 1

    Maybe the RIAA know something we all know as a rule of thumb. But maybe they've figured out that it's actually, literally true.

    "Everyone downloads music. Everyone is guilty."

    Once you realize that that statement is actually TRUE, then it doesn't matter whom you sue. Sue names out of the phonebook, and then listen as they protest, pulling a John Edwards based on their excuses with a high degree of accuracy, because THEY ARE GUILTY. EVERYONE ACTUALLY IS.

    And exceptions like this woman are so rare it just doesn't matter.

    Now for a second, imagine that that they screwed up on this woman. We don't know what their screw-up rate is, but they may be utterly wrong 10% of the time. They may get the wrong person one time out of 10, but nobody realizes because since everyone REALY IS GUILTY, the wrong people think "Oops. Ya got me." and fork over some cash.

    Is anyone reading this completely innocent? Anyone?

    (Except me, of course. I've never done it.)

  122. Comment removed by account_deleted · · Score: 1

    Comment removed based on user account deletion

  123. Re:I'm starting to think the RIAA picks at random. by budgenator · · Score: 1

    Identity theft is also a possibility, as well as the ISP simpley makes a mistake when examining their logs.

    --
    Apocalypse Cancelled, Sorry, No Ticket Refunds
  124. Re:I'm starting to think the RIAA picks at random. by kimvette · · Score: 2

    No, we've become pussies due to the political correctness police.

    --
    The Christian Right is Neither (Christian nor right). See: Matthew 23, Matthew 25, Ezekiel 16:48-50
  125. I don't believe it. by Anonymous Coward · · Score: 0

    She's never used a computer? Not even a calculator? COME ON!

  126. "You Win! " by Anonymous Coward · · Score: 0

    For some reason the "You Win" in quotes made me think of SF2.

    So if the motion is granted, does the Judge call out "Finish Him!!!" where upon the Defendant's lawyer does a fatality on the plaintiff's? ;)

  127. But have you ever.. by brunes69 · · Score: 1

    ... borrowed a DVD from a friend and watched it? ... made a mixed tape in the 80s from some songs your friends had? ... recorded songs on the radio and played them later?

    To the **AA, these are all the same as "piracy" and "theft" too, and if they could they'd sue you for each of them.

    1. Re:But have you ever.. by soft_guy · · Score: 1

      Borrowing a DVD from a friend and watching it is fair use. It is not a copyright violation to do that.

      --
      Avoid Missing Ball for High Score
  128. Re:I'm starting to think the RIAA picks at random. by Bodysurf · · Score: 1

    "In the old days people had a way of dealing with people like the RIAA execs. They grabbed them, stripped them, beat them, coated them in tar and feathers. In other words they made a public example of them to discourage other similar-thinking assholes from doing the same thing. Are we too civilized for that today?"

    It's for the same reason, we don't challenge them to a duel like men.

    It's because they are pussies who hide behind lawyers, judges, lawsuits, attorneys and law enforcement agents.

    IOW, they are cowards who can't fight their own battles man to man.

  129. Actually in the old days by rsilvergun · · Score: 1

    RIAA execs would be hiring goons to beat people to death (strike breakers and whatnot). We sometimes forget these people are our rulers and masters, because it's such a scary thought.

    --
    Hi! I make Firefox Plug-ins. Check 'em out @ https://addons.mozilla.org/en-US/firefox/addon/youtube-mp3-podcaster/
  130. Re:The odds are they would find copyright violatio by arminw · · Score: 1

    .....run a few RIAA execs up on a tree with a rope.....

    A better way would be to write your Congress and tell them they'll be out of office unless they change copyright law. Making copies without the copyright holders permission is illegal, but ONLY for the purpose of producing real money income. All non-profit copying is allowed. Others should not be allowed to PROFIT with real income from someone else's work.

    However, if someone got a copy for free from someone, that does NOT mean that person might have gone and bought a copy, if they had not gotten the free copy. That person might really like the free song, like from the radio, and decided to see what else that artist had to sell. As a result, the artist might have sold several copies of other similar material.

    Some artists, but not the **AAs have figured ou that this free copying is a good advertising system for them.

    --
    All theory is gray
  131. Re:I'm starting to think the RIAA picks at random. by Sexc0w · · Score: 5, Funny

    RIAA Exec: "The new phone books are here! The new phone books are here!"

  132. Re:Raison d'Etre by rhendershot · · Score: 1

    >> The cost that we are paying is that the human spirit, the soul, the whole reason humans make music in the first place is lost. In other words: the music supply is poisoned.

    I agree with you. Commercial and Pop music has long been known to emulsify the brain ;)

    A bar in my small town was hosting live bands. They were able to do this for a few months. I don't know exactly why they stopped as the manager's answer to my question was something along the lines of "never again". Could have been a bad experience with a band or two or could have been they didn't have enough draw to be economically viable (I'm guessing the latter as they were never really 'packed').

    People expect a lot from live performances. All the lighting, all the effects, 'just like the record'. errr, CD...

    I think the democratizing of music via indie bands available over the internet might serve to normalize the puplic's expectations and, perhaps, bring about a resurgence of live music.

    Obviously, the record (err, CD) producers do not want that to happen. Not in a way they cannot control. I'm sure they recognize that it's the ONLY way "music" can survive as it gives rise to the new generation of musical expressionists and proponents. I suspect they'd rather the whole thing die than have it out of their control.

  133. Re:I'm starting to think the RIAA picks at random. by chicken_moo · · Score: 3, Insightful

    F*** the political correctness BS. That's probably the single biggest reason America is declining as much as it is today. If people would replace their PC attitude with some good old fashioned common sense (and the occasional tar-and-feathering of idiots who don't use common sense), this world would be a much better place.

  134. This is very disturbing by Anonymous Coward · · Score: 1, Interesting

    I have known that what the RIAA was doing is morally wrong. However, I (ignorantly) believed that I was safe from their evil because I don't trade music online. I don't visit any peer to peer sites, and I have no peer to peer client software on my computer. I figured I just won't show up in their lists, and hence they wouldn't sue me.

    I hoped that the possibility of my computer or IP address being hijacked by a trader were low, since I am pretty security-savvy, and have a good setup.

    No dice. If they are suing people who don't even use a computer, then they could sue me, too. It could happen this very day. This would cost me a lot of money, time, and frustration. They would further present me with this difficult choice: maintain my right to privacy on principle and refuse to let them search my private computer (and risk loosing even though I am innocent) -or- roll over and expose my underbelly to the bigger dog.

    I am not happy.

    1. Re:This is very disturbing by Sepper · · Score: 1

      Bah!
      Move to Canada. Problem solved.

      --
      I live in Soviet Canuckistan you insensitive clod!
    2. Re:This is very disturbing by HiThere · · Score: 1

      You just noticed? This may be a bit more extreme than most, but they've been doing this for quite awhile.

      My guess is that someone who has (or was using) the same name did something wrong (well, illegal, or plausibly illegal anyway) and the RIAA picked up a phone book and got the address for that name.

      It might not be that reasonable...but you couldn't prove that it was any more reasonable.

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
  135. more silly bank by mzs · · Score: 2, Interesting

    When we bought a house we had an escrow account set-up with the mortgage for paying things such as property taxes and home owners' insurance. Well it turns-out that the banks that do the mortgages often farm out the duty of handling escrow related matters. So the processing company that worked for our bank paid our property taxes for the first year. Unfortunately the company that handled the escrow accounts for another bank also did because someone at their company mis-entered some number in their system. Now the county returned the money once to the company for our bank and once to the company for the unrelated bank. Years later we get a bill for a couple thousand dollars plus.

    By that time we no longer had the same bank for our mortgage and both companies that handled the escrow accounts had been absorbed by larger companies. This all was a large pain in the butt to work out. I actually had to pay a lawyer to look over the terms of a settlement between all of the parties in the end.

    The worrisome aspect was that the county clerk told me that it is very common for this sort of mix-up to happen. You would think that if that was the fact the county would mail a letter to the homeowner on record if they got two checks for paying the property taxes as a heads-up, but no we don't get that sort of service even though it is our taxes that finance the county.

  136. Swatting flies with a bazooka by btaratoot · · Score: 1

    Ok, the article says nothing of the specific circumstances of the case. But unless this lady's children were on the streets of Bangkok (or wherever folks sell such things) selling thousands pirated copies of Britney Spear's latest album, I think the lawsuit totally overboard - even if the RIAA is in the right (which I don't concede). Children do stupid things. You don't see Nestle suing the parents of every kid who steals a candy bar from a 7-11.

  137. Found the article! by mano_k · · Score: 1

    For those of you who can read German (or don't fear babelfish):

    http://www.heise.de/tp/r4/artikel/16/16269/1.html
  138. Re:I'm starting to think the RIAA picks at random. by GreekPimpSlap · · Score: 0

    Navin R. Johnson [John Q Public]: "Good things are gonna start happening to me now. " [Sniper [RIAA] scrolls through a phone book] Sniper: "Navin R. Johnson ...... Sounds like a typical asshole. "

  139. Fair use? Where have you been. by Don_dumb · · Score: 1
    Sorry, but the RIAA haven't let 'fair use' get in the way of lawmaking or litigation. Just a quick look at the back of my 'Curb Your Enthusiasm' DVD and it says at the bottom, (which to the RIAA is as legally binding as any will signed in blood)
    "Any unauthorised copying, editing, exhibition, renting, lending, public performance, diffusion and/or broadcast of this DVD, or any part thereof, is strictly prohibited"
    After all if lending was legal then we could just 'lend' these to everyone.

    I wonder how many RIAA members have lent a book to someone, after all dont books have the same copyright laws as any other media?
    --
    If this were really happening, what would you think?
    1. Re:Fair use? Where have you been. by soft_guy · · Score: 1

      It doesn't matter. Lending is still legal.

      --
      Avoid Missing Ball for High Score
    2. Re:Fair use? Where have you been. by Don_dumb · · Score: 1

      Not being a lawyer (and I dont know where you are either), I cant really dispute you. But I am sure it wont be long before it effectively isnt. After all isn't filesharing just a form of 'lending', kinda.

      --
      If this were really happening, what would you think?
  140. What happens with wireless? by kilodelta · · Score: 1

    When I got my new laptop with wireless 802.11g I was shocked to not just find 15 wireless networks in my immediate vicinity, but that more than half of them were wide open.

    Whilst using a neighbors connection until my WAP came in it occured to me that if I spoofed the MAC address on my laptop, and then connected and installed Kazaa or the like, it would mean the trail to me would be muddied. Good luck to the RIAA since the connection I was using belonged to a local business that sells car accessories, in essence a Ricer Shop. Imagine them telling the RIAA they weren't downloading music.

    I would have been perfectly happy to use said connection but then I realized my hardware firewall wasn't doing me any good. All good things must come to an end.

    1. Re:What happens with wireless? by /dev/trash · · Score: 1

      Can you even get a full speed signal?

  141. The elephant in the middle of the room by sjames · · Score: 1

    1 - If this is a frivilous, baseless lawsuite in which the sued person is innocoent (extremely innocent, if one can use such a term), then how many other lawsuits, even those that have been extorted... urr... settled... were also made against innocent people?

    For the U.S. (and probably oher) court system, this is the elephant in the middle of the room. There can be no justice so long as the courts allow situations to exist where going to court and being found not guilty is worse for you financially than just giving the plaintiff what they want without comment.

    That the court system does allow it certainly does NOT let the RIAA and others off the hook. While an unjust and unethical practice is allowed under law, anyone who takes advantage of it is no less unethical.

  142. Can this be used as a future defense? by kostaki · · Score: 1

    I mean if they sued dead people or people with no computers doesn't that set precedence that their methodology for picking copyright infringers is not fullproof? CZ

  143. I've said it before... by vonsneerderhooten · · Score: 1

    These suits do nothing more than publicize the fact that you can download music illegally.

  144. You still don't know how the law works. by porkchop_d_clown · · Score: 1

    1. There is a difference between criminal law and civil law.

    2. Parents are DEFINITELY liable for the actions of their children - which is one of the reasons theres a liability clause in most homeowner's insurance policies.

    I know this first hand - when I was a kid I ran a red light on my bike and caused an auto accident. Completely my fault. My parents ended up paying for all the repairs.

  145. RIAA checklist by merc · · Score: 3, Funny

    Multiple "john does"...CHECK

    7 year old girl...CHECK

    A mother of four...CHECK

    Non computer users...CHECK

    Nuns...

    President bush...

    Lars Ulrich...

    Ourselves...

    God...

    --
    It's true no man is an island, but if you take a bunch of dead guys and tie 'em together, they make a good raft.
    1. Re:RIAA checklist by etan212 · · Score: 1

      Chuck Norris... (nevermind, not ever RIAA is that crazy)

      --
      There's no place like 127.0.0.1
    2. Re:RIAA checklist by Anonymous Coward · · Score: 0

      Oh come on, it's only karate. Give me six months to train, I'd be able to take him down and I wouldn't even be using some pussy martial art.

  146. 'up us', not 'us up'! by Anonymous Coward · · Score: 0

    It's "set up us the bomb". You'd think after it was plastered over the entire net, people could get it right.

    1. Re:'up us', not 'us up'! by Anonymous Coward · · Score: 0

      It's "set up us the bomb".
      Wow, I didn't know it was possible to be a Grammar Nazi on an AYBABTU quote. Kinda makes one's head spin.

    2. Re:'up us', not 'us up'! by cbiltcliffe · · Score: 1
      You'd think after it was plastered over the entire net, people could get it right.
      http://www.google.ca/search?client=firefox-a&rls=o rg.mozilla%3Aen-US%3Aofficial_s&hl=en&q=somebody+s et+us+up+the+bomb&meta=&btnG=Google+Search

      Apparently more people get it my way than yours. Besides...I was going by what I remember from the flash animation, which says 'up us' in the text, and 'us up' in the audio. I've never actually played the game, or even seen it. If 75% of the Internet gets it wrong, how the hell am I supposed to know? It's not like they taught it in school, or anything.....
      --
      "City hall" in German is "Rathaus" Kinda explains a few things......
    3. Re:'up us', not 'us up'! by typical · · Score: 1

      Yes, because spreading across the Internet is a great way to ensure the integrity and unchanging nature of something.

      --
      Any program relying on (nontrivial) preemptive multithreading will be buggy.
  147. Re:The odds are they would find copyright violatio by thegnu · · Score: 1

    I doubt the RIAA will exist in their present form come 2016.

    Since the world is ending in 2012, I'd say that's a pretty safe bet. ;-)

    --
    Please stop stalking me, bro.
  148. Re:I'm starting to think the RIAA picks at random. by Mike+Keester · · Score: 1

    Indeed, and once we see a lawsuit against Navin R. Johnson, well know for sure.

    Navin can countersue because he was not given proper artist credit for his smash hit "I'm Picking Out a Thermos For You."

  149. I think you're confusing civil and criminal law. by porkchop_d_clown · · Score: 1

    In criminal law, you are correct - but for civil liability (such as downloading music) the parent can be held responsible, just as an employer can be held liable for sexual harassment committed by an employee.

  150. Re:I'm starting to think the RIAA picks at random. by Hosiah · · Score: 1
    Are we too civilized for that today?

    I'm not, but I'm a minority. The majority is something more than civilized, somewhere between hypnotized and lobotomized.

  151. Re:I'm starting to think the RIAA picks at random. by Skye16 · · Score: 1, Insightful

    I'm sorry, but I have a hard time saying two people pointing guns at each other makes them "men". It makes them idiots.

    You want to be really manly, and slightly less idiotic? Throw a punch. Using a gun is for pussies -- even more so than hiding behind a lawyer.

  152. Re:I don't get it.....Here's Why by Nom+du+Keyboard · · Score: 1
    If that's the case, why is this even newsworthy?

    Here's why: It would be the first actual court judgement against the RIAA in these matters.

    The RIAA would no longer be able to claim have sued thousands (a lie, most aren't sued) successfully and never lost. That is very big.

    --
    "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
  153. Pay the money by Anonymous Coward · · Score: 0

    Pay the money you owe...

    GET a real job rather than wasting your time here on /.. Over 2000 slashdot comments posted, wow, time well spent; but money not earned or paid back to your creditors.

    By the way she is using a computer... her brain by any definition is a computer... and she was booted once like most of us... most likely she's not only viewed porn but has been involved in it (at least in private)...

    When music is listened to you are making a squishy analog copy of the digital music; therefor the RIAA has a right to sue.

    A REAL JOB: Time Well Spent Earning Money for your creditors and the RIAA.

  154. ARRRRRR! by vethia · · Score: 1

    We prefer to be called Buccaneer-Americans.

  155. Re:I'm starting to think the RIAA picks at random. by ChrisN79 · · Score: 1

    Indeed, and once we see a lawsuit against Navin R. Johnson, well know for sure.

    He hates these songs!!!

    Great reference by the way.. that made my day. For those of you that didn't get the joke.

  156. Re:I'm starting to think the RIAA picks at random. by operagost · · Score: 3, Funny
    I prefer a sword duel.

    Of course, those work better when you are an immortal and, after your rival runs you through ten times without killing you, you can apologize for calling his wife a bloated warthog and bid him good day!

    --

    Gamingmuseum.com: Give your 3D accelerator a rest.
  157. If Sarah Connor is sued by mindaktiviti · · Score: 1

    Then it truly is "all over". *Starts digging hole for bomb shelter*

  158. Re:I'm starting to think the RIAA picks at random. by ars · · Score: 3, Interesting

    "Kind of like the old adage that goes something like "Discipline your child often."..."

    OMG that is the most horrible piece of advice I have ever heard. I hope you were using it sarcastically, because if you actually did that to a child you would have the most horrible miserable child on the face of the planet.

    Have you ever been punished for something you didn't do? You NEVER forget it, and you NEVER forgive either. It eats at you till you can find some way of revenge. I'll prove.... (most likely that I can do something really bad and get away with it, to balance out the unfair punishment.)

    And even if they did do some minor thing, if you constantly discipline someone, they never learn to discipline themself. You never trust them, so they never trust anyone else, and they never learn to contain themself either.

    At the most extreme you get kids like that elf on harry potter - they do something bad, and punish themself, then do something bad again. They never learn that it's bad to do something bad - all they learn is that if you get punished then the bad thing is neutralized.

    --
    -Ariel
  159. Re:I'm starting to think the RIAA picks at random. by Mick+Ohrberg · · Score: 1
    I hope you were using it sarcastically...

    Oh absolutely! I'm sorry - I figured that was such bad advice it would be obviously sarcastic...

    --

    Quidquid latine dictum sit, altum sonatur.

  160. Re:I'm starting to think the RIAA picks at random. by starfishy · · Score: 1

    I wonder why they bother with trying to get addresses of filesharers from the ISPs at all.

    1) Open phonebook
    2) Select people
    3) Sue these people
    4) Settle with these people
    5) Collect revenue

  161. Not a typo; that spelling was "by design"... by The_REAL_DZA · · Score: 1
    Obviously, the parent poster's wiliness is such that he intentionally screwed-up the order of those two simple words with the intent of creating a
    "novel and unique combination of letters or words"
    so as to not infringe upon any/all copyrights, patents, prior use, or daydreams. Unfortunately you chose to copy his choice of words exactly, thereby making yourself a target for (in this case, international) action. Congratulations, sucker!

    Suddenly I realize it's becoming a good thing to be a crummy speller. My wife will be delighted!
    --


    This space intentionally left (almost) blank.
  162. She should sue them!! by v3xt0r · · Score: 0

    They need to learn the hard way, you can't just legally bully innocent people and think you can continue to get away with it.

    If we can't sue w/ the Police for this type of behaviour (unless it's on video), we can at least sue the RIAA! =p

    Mental Anguish
    Pain & Suffering
    Character Defamation
    etc. etc.

    I wish I was a lawyer sometimes! =/

    --
    the only permanence in existence, is the impermanence of existence.
  163. Dupe License Plates in the UK? by wsanders · · Score: 1

    So how does the license,er licence or whatever, plate scheme work in the UK? I notice the newspapers are full of ads from people auctioning off their anagrammatic or otherwise cool plate numbers, like /. numbers, the lower the cooler. Is there no system in place to prevent duplicates?

    In the US each state has its own system, numbers are assigned randomly, and the state plate are all different enough that there's no confusion. Of course you can get "vanity plates" of your own design but they can't be a sequence easilty confused with the normal random plates.

    Of curse any system is subject to data entry errors.

    --
    Give a man a fish and you have fed him for today. Teach a man to fish, and he'll say "WHERE'S MY FISH, YOU IDIOT?"
  164. Tar and feathers seems a tad extreme. by Ungrounded+Lightning · · Score: 1

    In the old days people had a way of dealing with people like the RIAA execs. They grabbed them, stripped them, beat them, coated them in tar and feathers.

    As I understand it:

    The tar, of course, was heated so it could be poured. This made it hot enough to burn them sufficiently that their skin fall off not long after. Unless, of course, they were lit off. Then the feathers served as wicks for the torch.

    Tarring and feathering looks (in our sanitized history books) like extreme ridicule. But it was really death by torture.

    It was the North American colonial version of the the modern African practice of "neclacing" - execution by hanging a tire around a person's torso, adding a bit of kerosene to get it started with rubber's slow burn, then letting them loose to struggle and run about as the toxic fumes and heat kills them, slowly and painfully.

    In other words they made a public example of them to discourage other similar-thinking assholes from doing the same thing.

    Yes, burning them alive, or covering them with a strong adhesive, hot enough to give them an all-over blister, so the skin comes off with it later, would definitely discourage similar behavior in others.

    These days, with extreme medical treatment in a burn unit, some of them might even survive long enough to tell others what a bad idea it is to get people mad enough to do this to them.

    Are we too civilized for that today?

    I sure hope so.

    It seems a bit extreme, even for RIAA execs.

    --
    Bantam Dominique roosters crow a four-note song. Once you've heard it as "Happy BIRTHday" you can't NOT hear it that way
    1. Re:Tar and feathers seems a tad extreme. by schenkzoola · · Score: 0

      Today we have adhesives that replace tar in many applications. Perhaps some polyurethane foam and feathers would be more appropriate.

    2. Re:Tar and feathers seems a tad extreme. by HiThere · · Score: 1

      Perhaps you'd suggest napalm or white phosphorus instead?

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
    3. Re:Tar and feathers seems a tad extreme. by Ungrounded+Lightning · · Score: 1

      Perhaps you'd suggest napalm or white phosphorus instead?

      One of the versions of napalm used in Vietnam includes finely divided white phosphorus in the formulation.

      Military claimed they only used napalm for destroying bridges and material. The inclusion of white phosphorus led many to doubt that, because of this effect: If someone splashed with napalm managed to jump into nearby water to put it out, the white phosphorus would make it re-ignite when they came up.

      --
      Bantam Dominique roosters crow a four-note song. Once you've heard it as "Happy BIRTHday" you can't NOT hear it that way
  165. Re:I'm starting to think the RIAA picks at random. by davecarlotub · · Score: 1

    F*** the political correctness BS. That's probably the single biggest reason America is declining as much as it is today.
    Oh No! The world is going to hell in a hand basket

  166. Re:I'm starting to think the RIAA picks at random. by ehrichweiss · · Score: 1
    "Have you ever been punished for something you didn't do? You NEVER forget it, and you NEVER forgive either. It eats at you till you can find some way of revenge. I'll prove.... (most likely that I can do something really bad and get away with it, to balance out the unfair punishment.)"

    I know EXACTLY what you are saying. Basically, the above is a recipe for sociopathic behavior. Having been in the wrong place at the wrong time, I got punished for things I never did and eventually I got really, really good at staying aware of what was going on so I wouldn't get in trouble AND doing really nasty things without being caught, repeatedly. Didn't make me a better person, made me a better "criminal" kinda like how putting marijuana dealers in maximum security makes them excellent murderers, thieves, rapists, etc.

    --
    0x09F911029D74E35BD84156C5635688C0
  167. Right from the IRS playbook by Deadstick · · Score: 1

    The IRS loves to pull that maneuver. They find a $50 mistake some sweet old grandma made, throw the book at her, and boast about it around the first of March.

    rj

  168. Gnomes Know All by spammyd · · Score: 0
    • Phase 1: Sue them all
    • Phase 2: ...........
    • Phase 3: PROFIT !!!!!!
  169. Re:I'm starting to think the RIAA picks at random. by javamann · · Score: 1

    Oh like 'Common Sense' is even common anymore. The problem is natural selection is not happening anymore. How many people do you know that ten thousand years ago would have either walked off a cliff or been eaten by lions. Today not only do we protect the stupid, but they create a bunch of kids that have half of their genes.

  170. Re:I'm starting to think the RIAA picks at random. by Anonymous Coward · · Score: 0

    I'll bet that you were one of those guys who got his ass kicked more than once a day as a child... am I right? Jesus, just buy the pocket protector and get it over with, would you?

  171. Re:I'm starting to think the RIAA picks at random. by operagost · · Score: 1

    You must be new here.

    --

    Gamingmuseum.com: Give your 3D accelerator a rest.
  172. This would never happen at my bank by aardwolf64 · · Score: 1

    I'm a QA employee at a very large bank.

    For two customers with the same name and address to be automatically merged in our system, their social security numbers must only differ by one digit (indicating a typo.) The chances of that man and his nephew having SSNs that are off by that amount are astronomical... it just wouldn't happen here.

    1. Re:This would never happen at my bank by Duhavid · · Score: 1

      Parent post didnt seem to talk about SSN's at all.

      In fact, from the amount paid to the senior ( 50 pounds,
      if I read correctly ) he is not in America.

      And if you are assuming that astronomical odds against
      == impossible, then I would guess that it *will* happen
      there, given enough time.

      --
      emt 377 emt 4
  173. Next headline by c0d3h4x0r · · Score: 1

    "Man sues greedy industry conglomerate that has never used a brain"

    --
    Moderator hint: a comment is neither "Flamebait" nor "Troll" if it is true.
  174. Lies! All lies I tell you! by fireboy1919 · · Score: 1

    She's
    (Allegedly a woman)
    80 years old
    (Allegedly),
    PCs didn't become widespread (and ceratinly not practical) until she was about 60
    (Allegedly he or she used a PC to distribute music. Could be she used a crude computer fashioned out of used pinball-machine parts.)

    I know plenty of 80 year olds in nursing homes that still listen to the RADIO, because they prefer it to TV.
    (No you don't. All old people like TV better. Its well-known fact to those who know it well.)
    Not everyone is moving as rapidly into the "technology age" as Slashdot readers.
    (Lies. Everyone reads Slashdot. People who don't aren't people.)

    Clearly the 14 year old male who built an internet theft machine out of pinball machine parts is going to be going to jail for a long, long time.

    --
    Mod me down and I will become more powerful than you can possibly imagine!
  175. Re:I'm starting to think the RIAA picks at random. by Senzei · · Score: 1
    Of course, those work better when you are an immortal and, after your rival runs you through ten times without killing you, you can apologize for calling his wife a bloated warthog and bid him good day!

    Of course that would require me to actually be apologetic, which, as an immortal, I am not.

    --
    Slashdot: Where anecdotes and generalizations can be freely substituted for facts, logic, or intelligence
  176. Re:I'm starting to think the RIAA picks at random. by Anonymous Coward · · Score: 1, Interesting

    Maybe they need to be taught that *everybody* do not have computers, and *everybody* with computers are not using them to l33ch mp3s.

    Nonsense. To a crook, all people are crooks.
    Therefore, to the RIAA, we're all MAFIA goombas.

  177. ACLU + RIAA by Anonymous Coward · · Score: 0

    Imagine what their children would look like!

  178. Re:I'm starting to think the RIAA picks at random. by pembo13 · · Score: 1

    Preach it my brother. I totally aggree.

    --
    "Thanks for all the money you paid to us. We've used it to buy off ISO among other things" -Microsoft
  179. Boy! I am beginning to be glad! by ab_iron · · Score: 1

    Glad that the RIAA is over here on this side of the pond.
    ab_iron

  180. Re:I'm starting to think the RIAA picks at random. by pembo13 · · Score: 1

    You are now my friend.

    --
    "Thanks for all the money you paid to us. We've used it to buy off ISO among other things" -Microsoft
  181. Re:Lies! All lies I tell you! by Joe123456 · · Score: 0

    pinball 2000 is a pc with custom pci cards

  182. Re:I'm starting to think the RIAA picks at random. by bornbitter · · Score: 1
    ...too civilized for this?

    naw... it all depends on how much $$ you have and if you can get your case tried in California.

    --
    "Our Constitution was made only for a moral and religious people. It is wholly inadequate to govern any other" -John Ada
  183. Re:I'm starting to think the RIAA picks at random. by mrchaotica · · Score: 5, Funny
    F*** the political correctness BS.
    LOL! You're railing against political correctness, yet you're censoring your own expletives? If you really don't give a fuck about that political correctness bullshit, spell them out!

    ; )
    --

    "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

  184. Next ISP who gives data on IP's please say this: by guruevi · · Score: 2, Funny

    The IP is translated into 127.0.0.1 I'm sure they are sharing music!!!

    It was John Doe and John Smith, sue them!!!

    --
    Custom electronics and digital signage for your business: www.evcircuits.com
  185. There are plenty of people who lived tarring by G00F · · Score: 1

    Tarring while bad, and painful, was not always a death sentience and living through that as long as that was worst of it, was very common.

    My Gramps who died a few years back in his 80's had a few friends who survived a tarring. I even meet one, although I do not remember as I was younger than 10. I know this because my dad video taped his dad tell him him all the old stories of when he was growing up. Apparently it was a common thing to do to people who did not believe the same religion as you.

    Also it was not usually poured over them, but painted on because it was to think to pore.(read: cooler than what you think, but plenty hot) Yes they where covered in 2/3 burns. But being able to walk a few days after was not rare.

    --
    The spirit of resistance to government is so valuable on certain occasions that I wish it to be always kept alive
  186. noids by Anonymous Coward · · Score: 0

    the RIAA should limit their lawsuits to pimple-faced nerds to avoid such motions to dismiss their suits.

  187. Re:I'm starting to think the RIAA picks at random. by Anonymous Coward · · Score: 0

    LOL. Jokes like these make Slashdot addictive.

  188. Re:I'm starting to think the RIAA picks at random. by sudog · · Score: 1

    ... and then one day the RIAA outnumbers you and does the same thing. Yea, I want to live in a society like that. Not.

  189. Here's what I think happened by binarysins · · Score: 1

    the RIAA identified more than one "Marie Lindor". Or she was a victim of identity theft, but I think the first case is more likely. They filed suit against either just her, or all of them. And they will claim to their graves that their system of identifying users is flawless. "We can identify the user who is assigned to an IP address with 100% certainty!", they cry. Yeah, except when the person assigned to the IP address is the guy with the unsecured WiFi across the street from the person leeching off of it, who is doing the real downloading.

  190. Re:I'm starting to think the RIAA picks at random. by Fishead · · Score: 1

    One of the engineers at work (Our supervisor actually) had a good penalty he prescribed for a supplier that made a pretty majour mistake on a piece of equipment they sent us.

    "We'll nail his bag to a stump, then push him over backwards"

    I have been laughing about that for 3 days now!

  191. Re:I'm starting to think the RIAA picks at random. by rts008 · · Score: 1

    LOL!!!
    At one time (WAY long ago!) I might of thought all of this a bit extreme, but not anymore.

    The stump you mention should be used after the fun of the tar and feather routine originally suggested- make it a reality show, and even the "politically correct" sheeple will embrace it!

    Should we patent this? ;)

    --
    Down With Slashdot BETA!!! I've been around the corner and seen the oliphant; you can only abuse me from your perspecti
  192. Re:I'm starting to think the RIAA picks at random. by Anonymous Coward · · Score: 0

    "Kind of like the old adage that goes something like "Discipline your child often."..."

    OMG that is the most horrible piece of advice I have ever heard. I hope you were using it sarcastically, because if you actually did that to a child you would have the most horrible miserable child on the face of the planet.

    Have you ever been punished for something you didn't do? You NEVER forget it, and you NEVER forgive either


    Good grief! Get a sense of humor, its a JOKE!

  193. Re:I'm starting to think the RIAA picks at random. by kimvette · · Score: 1

    Self-censoring expletives is not political correctness, it's simply showing manners and respect for others. However, I have no respect for politically correct people, so fuck them - preferably using a mace or a rusty old railroad spike.

    --
    The Christian Right is Neither (Christian nor right). See: Matthew 23, Matthew 25, Ezekiel 16:48-50
  194. Re:I'm starting to think the RIAA picks at random. by Anonymous Coward · · Score: 0

    lol, you're funny

  195. Re:I'm starting to think the RIAA picks at random. by LadyMatika · · Score: 1

    give me a f'n break they sued a person a couple of months ago and that person was dead, lol not a couple of months dead years dead, they sued a skeleton,lol , so they don't know f'n shit man they're sources needed to lay off the drugs!!!!!!
    because they're f'n up the riaa's works,lol
    what a bunch of L-O-S-E-R-S

  196. Animal Husbandry by SeanDuggan · · Score: 1

    Unfortuanately, this production comes at a cost to those who consume it, as the cows are also often pumped full of steroids and other crap that a free-ranging cow would have no contact with. There are some remarkable similarities here, since RIAA artists tend to exhibit the same sense of "artificiality".
    Before the chemicals and supplements, there were tremendous gains made through simple animal husbandry, breeding and managing the cows as dedicated producers, not as animals who you just harvested every once in a while.

    --
    This sig has absolutely no significance and serves only to take up screen space and waste the time of the reader.
  197. Re:I don't get it.....Here's Why by ChrisGilliard · · Score: 1

    It would be the first actual court judgement against the RIAA

    I never read anything about a court judgement against the RIAA. I thought this was a lawsuit filed by the RIAA against this women? It's not an abuse of process to make a mistake. They'd have to prove that the RIAA is randomly suing people. So, if that happens, fine. I guess I'd be ok with this post if we had some info from the RIAA or at least an attempt to contact them. Without even giving a single point from there side, this story is just not newsworthy in my opinion.

    --
    No Sigs!
  198. I don't use a computer either.... by wilec · · Score: 1

    In my nutty world my computer uses me.

  199. New Information (there was a WAP) by herbierobinson · · Score: 1

    One of the lawyers in the case has posted that

    All they know, or have reason to believe, about Marie Lindor is that she was the person who signed the check paying for internet access through which the internet was accessed by an insecure wireless router in her house.

    The router had been used by her adult children, but not at the time of the alleged screenshot, at which time there was no computer at all in the house.

    Plaintiffs are completely aware that Marie Lindor herself did not infringe any copyrights. However, they refuse to drop the case against her, hoping to use the pressure on Ms. Lindor as a means of putting the squeeze on her family.

    So this turns out to be another case of unsecured WAP mayhem. Perhaps the defense lawyers can convince the RIAA to sue the WAP vendor for negligence (shipping the WAP with encryption turned off) instead of their clueless client.

    --
    An engineer who ran for Congress. http://herbrobinson.us
  200. My 8& year old grandmother hasn't by SonicSpike · · Score: 1

    She hasn't. She has also never owned a VCR, had cable, doesn't have long distance, or use her dishwasher. She didn't own a mircowave until 5 years ago.

    She was raised in rural Mississippi. VERY rural.

    --
    Libertas in infinitum
  201. that letter is a fake by proudhawk · · Score: 1

    there was a PDF of the letter sent by the attorney's of record in that case.

    A couple of small problems arise though:
    1. the case file ID does not match anything on record in the state of New york
    2. the indicated case material is for health care litigation and recovery of fees.

    I hate to say this folks, but someone put over a very good forgery on the blogs.

    --
    Understanding is much like a 3-edged-sword. in this: there are always 2 sides and the truth.
  202. Re:I'm starting to think the RIAA picks at random. by Anonymous Coward · · Score: 0

    "Are we too civilized for that today?"

    I think we've backslid to the point where we're not even civilized enough for that. All we're allowed to do now is hoot and throw rocks.

  203. Not the way of the Mafia... by hummassa · · Score: 1

    The way of the mafia (that's the family the PP was referring to... but I really should assume you knew that) is to extort the guy out of his money and then whacking him.

    --
    It's better to be the foot on the boot than the face on the pavement. ~~ tkx Kadin2048
  204. Yep, they are many and powerful by Sigg3.net · · Score: 1

    I am sure there are lots of people like that out there, just that us geeks are not aways aware of them.

    One word: Management.
    *shudder*