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Napster Legal Battle Reaches from Beyond the Grave

neelm writes "The EFF is reporting that EMI and Universal Music Group may have been caught lying to the Department of Justice in the 2001 antitrust investigation involving MusicNet, and pressplay. The 2001 investigation found no evidence of illegal efforts to monopolize digital music distribution, but new evidence presented by Hummer Winblad and Bertelsman ("original napster" investors) in their on-going defense from the RIAA suggests otherwise. The judge ruled that the documents to be turned over were not protected by attorney-client privilege because '[the court] finds reasonable cause to believe that the attorney's services were utilized in furtherance of the ongoing unlawful scheme.'"

20 of 131 comments (clear)

  1. Excellent by voice_of_all_reason · · Score: 4, Insightful

    Here's hoping they skip the white-collar gig and go directly to federal pound-me-in-the-ass prison. Heck, obstruction of justice was enough to get Martha Stewart convicted.

    1. Re:Excellent by Anonymous Coward · · Score: 5, Funny
      I know it is unpopular to have "morals" these days, but please get a grip. Even if these guys conspired to rip off music consumers, they do not deserve to be raped.

      You're correct of course. Tarring, feathering setting on fire and hanging is the appropriate punishment.

      By the way, which label do you work for?

    2. Re:Excellent by Sponge+Bath · · Score: 4, Funny
      Tarring, feathering setting on fire and hanging...

      That seems unecessarily wasteful.
      How about using the offenders as filler in highway repaving projects?

      I'm driving on sunshine, woahoh, and don't it feel good!

  2. The RIAA might be lying? by Anonymous Coward · · Score: 5, Funny

    Whoa. The RIAA might be lying. Let me sit down a minute and get my bearings.... This is pretty shocking. Give me a paper bag so I don't hyperventilate.

  3. Forfeit copyright? by Verdict · · Score: 5, Interesting

    Hopefully this will turn up some damning evidence on RIAA, but I no longer get my hopes up about anything related to them. Even if this works as a defense the chances that the DOJ is going to reopen the monopoly investigation is probably nil.

    The part that interested me is -

    "that the RIAA companies forfeited their copyright claims thanks to their coordinated and illegal effort to monopolize digital music distribution"

    What exactly do they mean by forfeiting copyright claims? Surely they don't mean that the members of RIAA would lose their copyright over their music? They've got senators that kill those sorts of laws don't they?

    1. Re:Forfeit copyright? by erbmjw · · Score: 5, Interesting

      IMNAL but I think that the defendents(Hummer Winblad and Bertelsman) are attempting to argue that criminal conspiracy took place.

      In which case the RIAA member companies who participated in this action should find their properties (copyrighted music) to be forfeited in the similar manner that a drug smuggling operation would loose properties.

      So then the arguement could go that any music that was covered by these RIAA companies copryrights at the time of these attempted criminal efforts becomes null or is handed over to the DoJ for auction. Furthermore I beleive that none of the RIAA companies involved in this action would be allowed to participate nor fund partners/outside interests in this possible auction.

      Copyright on new{newer} music should still be covered/enforcable.

  4. Just remember . . . Martha Stewart was set up. by mmell · · Score: 4, Interesting
    (Federal prosecutor): "Ms. Stewart, you've been granted immunity in these proceedings so that you can inform on your associates without fear of being prosecuted for whatever you've done. Please tell us all your illegal activities."

    Look, I learned real young - don't cop to anything until you know what the other guy has on you. Never.

    In effect, the fed has found a really neat way around that pesky fifth amendment. Just offer you immunity - even if you don't admit all of your crimes (and who would?), you may let slip evidence which will let them come get you, all the while screaming "Your fifth amendment rights were not abridged! You incriminated yourself!"

  5. Napster: Beyond the Grave by ettlz · · Score: 5, Funny

    Ah, it's the old "tunnelling over a PPP connection on a Ouija board" trick.

  6. Slap these companies up side the head, HARD!!! by mobiux · · Score: 5, Insightful

    The fact that companies even think this is ok to try is why I have no faith in our legal system.
    These companies should have something severe as a punishment, like serious jailtime for the offenders and big fines for the corporation.

    Although the current justice dept will probably just put them in the proverbial "time-out" then give them a cookie.
    Make an example out of a couple of them.
    The government should have the will to reject a corporation's charter for shit like this.

  7. You can bet... by Billosaur · · Score: 4, Interesting
    During the DoJ investigation, EMI and UMG apparently misled the investigators about these activities. In the words of Judge Patel: "[T]he documents provided by Hummer provide reasonable cause to believe that the statements in the [labels' report to DoJ] were deliberately misleading, if not completely false."

    The judge has ordered UMG and EMI to hand over previously withheld documents relating to the DoJ investigation, overriding the attorney-client privilege because "the court ... finds reasonable cause to believe that the attorney's services were utilized in furtherance of the ongoing unlawful scheme." The labels have 30 days to comply. Stay tuned.

    I suspect that right now some law firms are watching their reputations take a serious hit. The RIAA is on a rampage and at every turn they do even more damage to their reputation; this is going be another big black mark. If we wait long enough, they will destroy their own cause with all their dirty tactics and outright lies. I'm gonna get some popcorn -- this will be fun to watch.

    --
    GetOuttaMySpace - The Anti-Social Network
  8. No Big Deal by RedHatLinux · · Score: 4, Insightful

    The investigation will result in a few token gesture penalities and business will continue as usual. Do you really think politicians are going to allow major donors to face serious punishment?

  9. Re:Excellent-Coming out of the closet. by Anonymous Coward · · Score: 5, Insightful

    It's, presumably, a quote from the movie "Office Space" where the characters talk about how they'll be going to "pound-me-in-the-ass prison" after stealing something like $400,000 from the bank their company wrote software for.

    You see, in America, anal rape in prison is considered funny and part of the punishment for whatever crime commited. I'm not entirely sure why anal rape is considered an acceptable part of prison and consensual anal sex is considered illegal (which is rather ironic - get convicted of having consensual anal sex, get sent to a prison where it's expected that you'll get anally raped).

    But, it's just another part of America's messed up culture on sex - sex is OK as a punishment, but must be bad if it's consensual. See, 'cause enjoying things is bad, according to some interpretations of the Bible.

  10. Re:Excellent-Coming out of the closet. by grub · · Score: 5, Funny


    What's with geeks and "pound me in the ass"?

    It's from the movie "Office Space". Sorry, but your fantasies about anal sex with geeks will have to go unfulfilled.

    --
    Trolling is a art,
  11. Been Caught Lyin' by digitaldc · · Score: 4, Interesting

    The EFF is reporting that EMI and Universal Music Group may have been caught lying to the Department of Justice in the 2001 antitrust investigation involving MusicNet

    Why does this not surprise me? Why do I automatically think nothing will happen under this administration? Why is the industry always complaining when sales are actually improving and boosting their stock value?

    --
    He who knows best knows how little he knows. - Thomas Jefferson
    1. Re:Been Caught Lyin' by rossz · · Score: 3, Insightful

      Under this administration? This kind of shit has been going on for decades. The entertainment industry has a death grip on the penises of so many politicians, both demos and repubs, that they can do pretty much what they want. They recording industry is caught in payola schemes and price fixing every couple of years and gets a light slap on the hand, then they go back to business as usual. It happens when the demos are in power, too.

      --
      -- Will program for bandwidth
  12. Hummer Winblad by Anonymous Coward · · Score: 5, Funny

    sounds like a Douglas Adams character

  13. No Problem by Bob9113 · · Score: 4, Funny

    No worries - the RIAA just needs to buy a law stating that, "Any activities by any RIAA affilliate shall not be considered in violation of any law."

  14. The real issue is copyrights by argoff · · Score: 3, Insightful

    I think the problem is that we clearly have a system that is unworkable in the information age and instead of dealing with it, people sue, people complain, they cry "wahhh, how will I make money with my book", or "wahhh, how will I make money with my movie", or "think of the starving artists", or they want to "fix" it in some way - without accepting that by now copyrights are an all or nothing game.

    In fact copyeight compromizes are the worst thing we could to. It's like the US conolists compromising with the Brits, it's like the slave states compromising with the free states. People who thought it was workable simply were in denial of the real world and real world forces that were in play.

  15. Can someone see this happen? by Opportunist · · Score: 4, Funny

    Universal lawyer: This is not the evidence you're looking for.
    Judge: This is not the evidence I'm looking for.
    Universal lawyer: Universal did not lie to the DOJ.
    Judge: Universal did not lie to the DOJ.
    Universal lawyer: My client may pass.
    Judge: Your client may pass.
    Universal lawyer: Case closed.
    Judge: (slam) Case closed.

    Universal sub-exec: Wow. Is that the Force?
    Universal lawyer: Kinda. Down here, we call it "money".

    --
    We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  16. Re:Excellent-Coming out of the closet. by finity · · Score: 3, Funny

    I bet the original poster uses the acronym IANAL a lot...