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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."

13 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. 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. 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.

  5. 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
  6. 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.

  7. 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.
  8. 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.

  9. 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.

  10. 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.