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."

Comments

The hyperbole has gone nuclear

[Aglassis]

"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.

Re:What to do about it?

[Anonymous Coward]

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.

Re:Is it unusual

[Red Flayer]

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.

Re:What to do about it?

[EzInKy]

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.

Re:Or rather, how much can they get away with...

[Shakrai]

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.

Why They are Really Afraid of Downloading

[wombat13]

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.