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RIAA Subpoenas Neighbor's Son, Calls His Employer

NewYorkCountryLawyer writes "To those who might think that I might be exaggerating when I describe the RIAA's litigation campaign as a 'reign of terror', how's this one: in UMG v. Lindor, the RIAA not only subpoenaed the computer of Ms. Lindor's son, who lives 4 miles away, but had their lawyer telephone the son's employer. See page 2, footnote 1." From Ray's comments: "You have a multi-billion dollar cartel suing unemployed people, disabled people, housewives, single mothers, home healthcare aids, all kinds of people who have no resources whatsoever to withstand these litigations. And due to the adversary system of justice the RIAA will be successful in rewriting copyright law, if the world at large, and the technological community in particular, don't fight back and help these people fighting these fights."

22 of 593 comments (clear)

  1. How low can they go? by linuxci · · Score: 4, Insightful
    How low can they go? What does calling someones employer have to benefit the RIAA? The only thing it can do is give this persons boss a bad impression which may see him put last on any promotion shortlist and first on any planned redundancies as no doubt the RIAA would create the impression that this person is a full scale pirate (yarr).

    What's worse is that it's not even the accused, it's the accused's son.

    1. Re:How low can they go? by morgan_greywolf · · Score: 4, Insightful
      The only thing it can do is give this persons boss a bad impression which may see him put last on any promotion shortlist and first on any planned redundancies as no doubt the RIAA would create the impression that this person is a full scale pirate (yarr).

      The RIAA should fire their lawyers post haste. Seriously. While IANAL, it sounds like this guy easily has a defamation of character suit against the RIAA. What's more is that he doesn't need any serious resources to fight it. All he has to do is go find himself an ambulance chaser who will take the case on contingency since it's a deep pockets lawsuit that he's likely to win. Pain and suffering, loss of income or potential income...kaching!

  2. Or rather, how much can they get away with... by mrchaotica · · Score: 4, Insightful

    ...before it becomes actionable defamation? Surely they've already crossed the boundary and this guy has grounds to sue for slander, right?

    --

    "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    1. Re:Or rather, how much can they get away with... by chrish · · Score: 4, Insightful

      How's he going to beat the RIAA in court for that when they've already got billions of dollars worth of lawyers aimed at his family?

      --
      - chrish
    2. Re:Or rather, how much can they get away with... by Shakrai · · Score: 5, Insightful

      How's he going to beat the RIAA in court for that when they've already got billions of dollars worth of lawyers aimed at his family?

      Those billions of dollars of lawyers cost money. If I was sued by RIAA I'd go pro-say and drag it out for as long as humanly possible. I'd file motion after motion that they'd have to answer (while paying hundreds or thousands of dollars per hour for that legal help) and tie it up for years. I'd drag out any depositions that they requested for hours and hours. You think it can't be done? I've known people that turned "What is your name and occupation?" into a four page long answer about how that question reminds them of their favorite childhood pet.

      And counter suits? I'd counter sue them for everything from harassment to loss of consortium (my wife is stressed out by the suit they filed) to PTSD. Every thing that I file or every question that I answer with a non-answer costs them hundreds or thousands of dollars..

      And in the end, if they won? That's what bankruptcy is for.

      Yeah, I know, it doesn't have the glamour of fighting the good fight. But if just half of the people sued by RIAA adopted these tactics of filibustering and delay it would cost them a fortune and grind the court system to a screeching halt. It costs you nothing but grief and sweat equity. In the end they lose money.

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
    3. Re:Or rather, how much can they get away with... by Khyber · · Score: 3, Insightful

      Easy, the defamation costing him his job which can be proven in court, IN A SEPARATE LAWSUIT, the RIAA is 100% fucked. He's got proof of defamation, left and right, when he's not a part of the infringement lawsuit. Once he loses his job, or any chance of promotion, he can take the RIAA for destroying his job, effectively sue them for EVERYTHING they're worth (since they have just cost him everything, it's not an injust or unfair fine for the RIAA to pay) and that's the end of story. His family has the problem of one lawsuit, he can find a pro-bono lawyer easily and get one hellified lump-sum for defamation, harassment, emotional/mental damages, slander (since they called his employer) and at that point the RIAA is going to have to pay bigtime. I'm just hoping the son has enough sense or knowledge to sue the RIAA for somethign in the billions of dollars range in a civil lawsuit which they can't back themselves out of once he brings it in. I also hope he's smart enough to NOT FUCKING SETTLE OUT OF COURT.

      --
      Still waiting on Serviscope_minor to wake up to fucking reality and realize that Jessica Price isn't going to fuck him.
  3. The hyperbole has gone nuclear by Aglassis · · Score: 5, Insightful
    "To those who might think that I might be exaggerating when I describe the RIAA's litigation campaign as a 'reign of terror', how's this one: in UMG v. Lindor, the RIAA not only subpoenaed the computer of Ms. Lindor's son, who lives 4 miles away, but had their lawyer telephone the son's employer. See page 2, footnote 1."
    This isn't a reign of terror. The purges of Stalin would classify as a reign of terror. The French Revolution would classify as a reign of terror. This classifies as merely harassment. I understand that the poster wants to bring up how loathsome the actions of the RIAA are, but exaggeration merely turns people off. When I hear someone talk about a "reign of terror" I typically just ignore that person since he or she is trying to convince me emotionally instead of rationally.
    --
    Suddenly, the hairy finger of a familiar monkey tapped me on the shoulder. It was time.--G. T.
  4. Low act. by Merls+the+Sneaky · · Score: 3, Insightful

    Not only will they sue you, they do everything in thier power to make your life and that of your families a misery.

  5. Re:What to do about it? by dupont54 · · Score: 3, Insightful

    And stop funding these people by boycotting their products, of course...

  6. Re:What to do about it? by Anonymous Coward · · Score: 5, Insightful

    BOYCOTT!!!! Listen to what you already have and don't purchase or download anything else for a year.
    Go to concerts and enjoy live performances but DO NOT BY RECORDINGS IN STORES OR ONLINE!
    If most people took this approach, it would bring the recording industry to its knees or at least drive prices into the ground where they should be.

  7. Re:Is it unusual by Red+Flayer · · Score: 5, Insightful
    For a lawyer to call someone's employer? It sounds odd, but is it really rare and or unusual?
    Not unusual at all, when someone is attempting to send legal documents (such as a notice of judgment or a subpoena) and attempted delivery at the home address has failed. I personally have had notices of judgment served to debtors at their place of employment many, many times.

    Not for nothing, but it appears that the son was deliberately avoiding receiving the subpoena (good for him, every attempt at re-delivery is costing the plaintiffs cold, hard cash) -- and if he does this at home, he should expect and deal with the consequences (the subpoena being served to him at work).

    The plaintiff's lawyers decided to play tit-for-tat and ask his employer about the possibility of the son's work computer having material potentially relevant to the case.

    The lesson is, if you want to play hardball with the MPAA, then you'd better bring your bat, glove, and catcher's mask.
    --
    "Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
  8. The Objective: Fear by mpapet · · Score: 3, Insightful

    The main objective is to heighten the fear of using one's own files into the hearts of "normal" users.

    Much like a dog that has been beaten for no reason, consumers then get into a frame of mind where they will go to entertainment corps first and follow crazy usage rules in order to avoid getting criminalized.

    In exchange, then entertainment mega-corps content consumption will appear cheaper.

    I'm liking vhs/dvd's much more now than ever. (until I can build a silent mythtv box anyway)

    --
    http://www.maxineudall.com/2010/02/should-economists-be-sued-for-malpractice.html
  9. Re:What to do about it? by ack154 · · Score: 3, Insightful

    It really is a great theory... but it wouldn't work. There are too many people that do NOT see this sort of information that will continue to buy music and purchase normally. Of course everyone wants some boycott... but how often do they REALLY work? You just can't reach the necessary audience and have the necessary impact on them for it to be successful.

  10. Re:What to do about it? by b0s0z0ku · · Score: 4, Insightful
    They'd just blame piracy.

    Litvinenko blamed the Russians as he lay dying in hospital. Doesn't make him any more alive now, does it?

    -b.

  11. Re:What to do about it? by EzInKy · · Score: 5, Insightful


    Stop committing copyright infringement maybe?


    Ain't gonna happen. Copyright law has become so ridiculously restrictive that it has become nearly impossible not to infringe. The majority of people just don't care about it anymore.

    --
    Time is what keeps everything from happening all at once.
  12. Re:What to do about it? by Trails · · Score: 3, Insightful

    Boycott corporate music. Support your local (or another location's for that matter) indie music scene. Go to open mic nights at clubs, if you like something you hear buy their burned-on-a-pc cd's with fuzzy photocopied covers with third rate photoshop work(lense flares are teh awesome!!). There's more great music out there than what the idiots at BMG float.

  13. Ban trade association enforcement by HangingChad · · Score: 3, Insightful

    The simple solution would be to ban trade association enforcement. In one swoop that would take out the BSA, RIAA and MPAA. Make the parent companies be the litigants. If Sony starts suing people for file sharing consumers might well start avoiding all their products at the store.

    Make the companies behind these tactics be front and center in any adverse actions and you'll see lawsuits against all but the worst offenders, the ones very few of us feel sorry for, dry up almost overnight.

    --
    That's our life, the big wheel of shit. - The Fat Man, Blue Tango Salvage
  14. Stop sharing music illegally by KalvinB · · Score: 4, Insightful

    problem solved.

    While their tactics can be extreme it's not like they're going through a phone book and randomly suing people. They find an IP that's illegally sharing files of content that is copyright by the RIAA and then contact the ISP to get the information of the person that is responsible for the account the IP was assigned to at the time the offense was committed.

    It doesn't matter what your socioeconomic status is. If you break the law, you broke the law and are subject to punishment. I don't think anyone doesn't understand that if you have something you were supposed to pay for but took it without permission and without paying, you broke the law.

    Game companies do the same thing. It doesn't matter what electonic media you're peddling illegally. It's all warez; music, movies, games etc. And the companies that are victims of the crime are fighting back.

    It's rediculous to try to paint the people committing the crime as the victim just because they're everyday people. There's nothing nobel about taking things you have no right to have.

  15. Why They are Really Afraid of Downloading by wombat13 · · Score: 5, Insightful

    First of all let me say that I am a Musician. The FUD about downloading costing them money is a smokescreen. What they are really afraid of is Musicians bypassing the record companies entirely and selling their music directly to consumers online. Remember MP3.COM it was shut down by the RIAA even though the music that was available on the site was posted by the musicians that held the copyrights to it. They are afraid that musicians will figure out that they are no longer needed as a middleman. There is an excellent article by Steve Albini who was involved with many of the Seattle Grunge Bands during their heyday. The Article shows just how screwed a Band will Get for Signing a contract and having a hit record. And how much money everyone else makes off them. http://www.negativland.com/albini.html This has nothing to do with "saving the starving Artists" this is just greed.

  16. Re:What to do about it? by Anonymous Coward · · Score: 4, Insightful

    There have been plenty of responses thus far to your question, but IMHO none of them go far enough.

    Here's what needs to be done: stop listening to music. Completely. Don't listen to corporate music. Or indie music. Or local bands. Don't go to concerts. Don't listen to the radio. Don't own a radio. Don't buy music. Don't download music, legally or illegally. Don't trade it. Don't have any CDs or tapes or LPs or 8-tracks. Get rid of it all.

    The reason the recording industry seems to have so many people in their clutches is that so many people have made music a part of their lifestyle. Remove music -- ALL music -- from your life, totally. Change your lifestyle.

    That will hurt them the most, and they will have no power over you.

    But so few are willing to do that. You've been trained to think your every action, your every waking moment, needs a soundtrack. It doesn't.

    Let the RIAA control music all they want. Every lyric, every note, every recordable sound. So what? You don't need any of it. They can control all the music, but it only has value if someone else wants it. Stop wanting it.

  17. Yes it is by Opportunist · · Score: 3, Insightful

    Fight fire with fire.

    They don't listen to reason, they listen to money. Denying them money is like denying fuel to fire.

    --
    We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  18. Re:What to do about it? by rossifer · · Score: 3, Insightful
    The only way you could get it to work would be to get the liberals, who watch liberal biased news [...]
    Newsflash: the news is big corporation biased and lowest common denominator biased. The only people stupid enough to believe in a strong left or right bias are so far gone to the other extreme that the middle looks like a right/left bias. Based on your remark, I guess we know where you stand and your relative intelligence.

    [...] to mentally equate the *IAA's with big, evil(TM) money grubbing business
    Um, the **AA's are evil (TM) money grubbing businesses, and pretty much everyone I know acknowledges that. There's no need to be a liberal to understand that.

    I get the impression you think that the political left in this country is responsible for the DMCA and the abuses of the common man that have arisen since then. The DMCA was passed in a Republican-dominated congress by unanimous vote, and signed into law by President Clinton, arguably the best Republican (ahem) president this country has had in decades. You did read the bit about unanimous?

    Most of your senators and representatives, Democrat and Republican, are bought and paid for by corporate special interests. Those corporate special interests want to keep their income steady and have made sure that laws intended to prevent the internet from threatening those income streams has been quickly passed.

    This is not a left/right issue. This is a corporation/rest of us issue. The fact that you think it's a left/right issue just means that you're believing the corporatist propaganda. Good luck getting any straight information from talk radio. They're far too distracted unraveling nonexistent conspiracies to actually inform anyone. But good luck anyway.

    Regards,
    Ross