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."
What's worse is that it's not even the accused, it's the accused's son.
The RIAA needs to sue the Mafia and the Mafia will send in the hit men.
"if the world at large, and the technological community in particular, don't fight back and help these people fighting these fights."
OK..
In all seriousness. WHAT SHOULD WE DO?
Please.. what can I do to help make this go away?
Don't Tread on Me
...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
Suddenly, the hairy finger of a familiar monkey tapped me on the shoulder. It was time.--G. T.
Not only will they sue you, they do everything in thier power to make your life and that of your families a misery.
By the way, this is the case against the home health care aide.... who has never even used a computer.
Ray Beckerman +5 Insightful
-b.
If you read the response from the record industry, Richard Altman is not an innocent bystander. According to the RIAA he has reinstalled Windows on his mom's computer several times and he was the one who delivered his mom's computer's hard drive to the RIAA. It is not like he has not been involved
The RIAA says that the hard drive they have is not the hard drive that was attached to the computer they are looking for, so they are looking at Richard Altman's computer equipment to see if he has the information they want.
Do they have probable cause to do this? I don't think so, but that is their argument.
-Matt
See? This is bullshit. I'm so scared of getting sued by the RIAA, that I don't download music anymore -- and I don't buy CDs either. No, I don't have a 20+G inventory of MP3s. Instead, I use many of the online commercial-free radio stations (Like the fabulous SomaFM.com).
Now I've been a little scared of being hit by the MPAA for downloading Doctor Who and James Burke shows. Oh, wait...
Zhrodague.net - I do projects and stuff too.
biopowered.co.uk - catalytically cracking triglycerides for home automotive use since 2008. Just say no to big oil!
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
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
The guy was illegally downloading music, dodging legitimate subpoenas, having people lie about his whereabouts to avoid legitimate subpoenas, having people *impersonate his dead father* to help him dodge legitimate subpoenas, and then after finally being served he tampers with evidence?
Say what you will about our thieving jackbooted fascist powertripping RIAA overlords, I'm having a hard time mustering up much sympathy for this guy. I disagree with much (if not all) of the **AA's tactics, but I'm just as rapidly running out of compassion for people who don't have the nerve to man up and just *do without* all their downloaded music and movies. At least the stoners have the nerve to stand right in front of the cops in a crowd of thousands and say "go ahead, arrest us all." I've yet to see a single person say "yes, I'm illegally filesharing and I'm willing to take the legal consequences as a symbol protest." Instead all I hear is "b-b-but it's not stealing, it's sharing! Everybody does it! Your business model is outdated and you're *mean*! Lower your prices! Britney sucks!"
It's outrageous.
Ray Beckerman +5 Insightful
He didn't ask if it was outrageous, he asked if it was unusual.
And given the circumstances, it's not even outrageous -- assuming that the plaintiff's assertions that repeated attempts to deliver the subpoena at the son's stated address failed. If you read the footnotes you linked to, there's some pretty dodgy stuff there about avoiding the subpoena. If true, the plaintiff was fully justified.
Making the summary sound like they contacted the employer out of the blue is sensationalist, misleading, dishonest, and, in fact, outrageous.
Note that I completely disagree with the RIAA's tactics in re: intimidation of targeted suspects. However, your yellow journalism just increases the amount of people who also believe that plenty of people who are against the RIAA are no better then them. FUD, etc.
"Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
You know, people probably wouldn't hate the RIAA so much if they changed their tactics from the "Trying to make a point/set legal precedent" to one of "trying to get the recording industries fair share"
Wander with me a moment if you will...
DRM - Change the DRM so that instead of trying to block copying of media it's more of a tattletale. Periodically it informs the RIAA what songs you have, when you copy them, whatever. I don't have this completely fleshed out but it would probably entail some sort of RIAA song registry.
Then the RIAA takes the same vague sources of data that they have now and instead of suing someone they send them a bill for a set reasonable fee for each song plus a 50% "You were being bad" fine. The consumer has several options upon receipt:
1. Pay the bill - Somehow a system of what music you have would have to be registered somewhere.
2. Refute the bill - Set up an arbitration process that doesn't actually involve a court. Some third party looks at the evidence and makes a binding decision. This process would have to have some mandatory fee to prevent everyone from clogging the system. Fee to be paid by the loser! So if you do have "stolen" music and you lose, you'd pay the cost+fine+arbitration fee. Ouch! But in the case of all these other people now being sued it'd be a lot cheaper. Ooo, and if they got their greasy hands on evidence that you tried to screw with the tattletale DRM then there would be an additional fine.
3. Ignore the bill - After a certain length of time the RIAA would have the option of pursuing it like any other debt. Black marks on your credit rating, "selling" the debt to third-party debt collection agencies etc. Or if it's some massive amount of songs/money then they could sue you in the appropriate civil court.
The end result of this? A new source of income for the recording industry. Potentially it could change the primary distribution model to one of mainly media downloads. (Why leave out the MPAA?)
For music the DRM could allow you to play the song a set number of times before you have to pay or delete it. I doubt the movie industry would go for that. Maybe a set number of minutes into the movie like hotel room pay-per-view used to be? "Warning! If you continue to view this movie you will be required to pay $XX.XX or you can stop now."
...I'd suggest not sending anything that can be tracked back to you. Small bills in an opaque envelope with no return address, printed with the cheapest trash inkjet printer you can find, should be pretty safe.
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
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.
Work Safe Porn
1. Don't steal* music.
Right, which works perfectly assuming also that everyone the RIAA brings a suit against actually committed copyright infringement (*fixed that for ya). However the GP's question was how to support the people who aren't necessarily guilty, and/or being absolutely wiped out financially by the RIAA. One of the points that is usually contested is that the fine per infringement is rediculously high ($750 per song) and that level of damage doesn't even have to be demonstrated by the RIAA, they just need to prove there was infringement, whether one copy or 100. Adiitionally their tactics are very underhanded, to the point of almost being outright extortion. They have demonstrated in many cases thus far - sorry don't have time to go compile all the links - that they will use legal stalls to drag out the suits and make it more expensive for the defendent, as well as in a couple cases dropping the charges when it looks like they will lose, usually in such a way that the defendent cannot make a motion to recoup lawyers fees. THAT is what we're looking for solutions for. The fact is that the cost to defend oneself even when you are 100% innocent is so high that for a lot of people it's cheaper and easier to fold and pay the settlement money to the RIAA. That's not justice, that's scamming the system and taking advantage of people to prevent them from even having a chance to defend themselves. And even if they ARE guilty of the infringement, going to court might give them the chance to have the fines imposed be more reasonable than the proposed settlement value. Justice is not being served by people being extorted with the choice of admit full guilt and pay $X now, or suffer the financially crushing wrath of our multi-million dollaar legal team who can and will bleed you dry to make a point if nothing else.
I welcome your response to this but please at least identify yourself as the parent AC for clarity and continuity if you respond.
-- I'm not a pessimist, I'm a realist. It's not my fault that life sucks so much. --
Read what is going on before commenting blindly. I'm probably one of the last to defend *AA but everyone is screaming bloody murder without reading the documentation.
His employer was called because:
1) Son is actively trying to avoid being served with legal documents. RIAA attempts to serve him at his place of business (standard practice)
2) Employer got himself involved in the case. Specifically, he left instructions on how to handle the legal paperwork trying to be served, plus went into discussions on obtaining a court order to protect his company's documents.
I am TheRaven on Soylent News
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.
They'd drop the case. They are nothing but bullies without the balls to fight. They are hoping you give in.
The RIAA has the rights to distribution, and they say it's 10 bucks for a CD.
If you obtain the CD, but don't give them the 10 bucks, then they've lost 10 bucks.
It's actually pretty easy to see how it's a lost sale. If you were never going to buy it, why download it? The argument you always hear is "The music sucks blah blah blah." If it sucks so badly (and a lot of it does), then why does everybody desire to possess it so much? It boggles the mind.
Just because you never planned on buying it doesn't entitle you to a free copy of it. Why should you get a freebie just because you're less interested? *I* pirate music. I make absolutely no excuses for it, nor do I try to sugar coat it. What I do is illegal. Do I feel that the RIAA charges an absurd amount for music? Yes, and they've been punished for it, but they've just paid the fine because it was more profitable. Do I think the RIAA uses racketeering tactics? Yes, they pick on people who have no means to defend themselves. As brutish as they are, and they are brutish, what I'm doing is *illegal*. Your short-sighted view of piracy doesn't see the larger picture. It is becoming oversubscribed, and like any slashdotter, let me blow this way out of proportion. Presumably if music piracy continues to grow at this exponential rate, how long is it going to be before it becomes to not be profitable to make music? We sir, you and I may be contributing to the eventual total demise of the commercial music industry, and while that prospect does sadden me, I won't stop downloading music that I want. I make no excuses for my actions. I suggest you get off of your high horse and, at the very least, take responsibility for your actions.
--fetch daddy's blue fright wig, i must be handsome when i release my rage
In a leftover from the days of Shellac, record company's deduct 'breakages' from their artists fees for their product reaching the reseller. Unfortunately the advent of robust media such as vinyl and now the CD has not done anything for some of these ridiculous costs. Somewhere on the web there is quite a good explanation of where the money goes, and similar to films, it is amazing what can disappear as production costs.
See my journal, I write things there
I think there are at least 5 or 6 user ID's being used as RIAA trolls here today, maybe even more. That's the primary reason I started using the "Foe" function, so that I wouldn't waste my time trying to engage in dialogue with them.
One sure tip off is if the comment starts "No one hates the RIAA more than me". I think the RIAA trolls, here and in prior posts, are trying to do the following: (a) propagandize for their lawyers' positions, justifying their conduct, (b) take things off topic, (c) waste my time, (d) try to draw me out on undecided legal questions, and (e) discourage people from seeking legal counsel.
Ray Beckerman +5 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.
I stopped buying music years ago when I had a really busy time studying. After that period of withdrawal I heard about some free music labels, got curious and never looked back again.
In the beginning I was impressed by programs that automatically download free music, based on ratings you give.
Today I have a quite large collection of free tracks and albums. From time to time I visit, some, of those. All that is 100% annoyance-, tool-, ad-, DRM- and RIAA-free.
Actually, the first three of those really do freak the money-grubbing power elite right out. The most threatening thing you can do to the current social order is nothing. That's right, nothing. Sit on your ass. Don't produce. Don't consume. Do nothing.
Of course it's actually very hard to survive that way - if you do, you will certainly be supported by someone supporting the current system. So here is an alternative method for dodging the system. Warning: It may involve dramatic changes in lifestyle.
First of all, you need to get your hands on some land somewhere and some suitable housing. For something like $20,000 you can get a shipping container and a kit that makes it into a home, some assembly required. This will be a home requiring very little maintenance as it will be wrapped in steel which is highly durable. It can stand up to high winds and in an earthquake it will remain intact and whole. For about $15,000 you can build a straw bale structure with a traditional roof. For about $10,000 you can build a cob home, but it will require endless maintenance so I wouldn't go that route. You can get a geodesic dome for anywhere from $1,000 to $50,000 (and up) depending on material and features.
Your land should ideally have some water supply, some means of generating alternative power (you don't need much) and a southern exposure. Everything else is a nicety. Anything you don't have you will have to pay for, so you will have to continue working, so you will have to continue contributing to the system.
You'll be growing crops :)
But seriously, it is possible for us all to dramatically decrease our consumption. I realize consumption is fun and I do plenty of it, but we're simply fueling the same power structure that we claim to dislike so much.
In the lower end, you can make a difference based simply on where you spend your money. Always do your best to give it to the least evil company, even if it costs you more. In a capitalist society, where you spend your money has more of an impact on society than anything else.
But if you want to bring the system crashing down, we're all going to have to consume a lot less.
"You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
Well, here in Canada, they're known as the CRIA, and they routinely get their asses handed to them when they try this shit, so they're largely ignored. I assumed the rest of the world felt the same, but sadly, that doesn't seem to be.
Even labels in Canada have split from the CRIA, due to disagreements in the way they do business (including labels for larger acts like Rush and Sara McLachlan). The CRIA was founded to protect Canadian artists and companies, one of the reasons these labels left was because the CRIA was more interested in protecting US companies, than Canadian artists.
Is there anything to indicate the CRIA, RIAA, and the equivalent body in other nations are actually the same companies, though? Seems to me calling the RIAA an international organization is a bit of a stretch. They may have similar goals, but I don't think they're one and the same. Although, I suppose if they're comprised of the same corporations (Sony, EMI, Universal, Warner, etc), they might as well be one entity.
You can do it for far less than that and go further under the radar if you really want to and are very diligent and meticulous about personal cleanliness and general lifestyle cleanliness.
You need one set of durable clothing. The basics: socks, shoes, underwear, long pants, t or a shirt. Additional according to target climate: zero or more additional pairs of cotton pants (for layering in the cold), zero or more cotton long sleeve shirts (for layering in the cold), zero or more wool or cotton sweaters or sweatshirts (for layering in the cold) one or more jackets suitable for the weather--a good setup for even the coolest climates is t-shirt, two long sleeve cottons, one cotton sweatshirt, one wool sweater, one cotton hooded sweatshirt, one field jacket or heavy coat--one pair of gloves, one hat (anything more effective than a baseball cap will do). Multipurpose: one rain poncho (rainproofing, doubles as a ground layer). One sleeping bag suitable for the target climate--get a compression bag to reduce bulk, Marmot makes nice ones. Additional survival necessities: steel fork, knife, spoon, Swiss Army or Leatherman style multifunction pocket tool, Toothbrush, toothpaste, baby powder (for feet), antibacterial ointment (for first aid), miniroll of duct tape, small roll of kite string (50 pound test), one large roll of thread (pick your color) and at least five sewing needles (you'll break a few unless you have prior proficiency in hand-sewing). You can fit just about everything (except the sleeping bag, which should come with its own tote bag) into a standard size backpack. Extra clothes can be folded up or secured, with the kite string, to one of the bags. State issued ID--preferably a US passport (not 100% necessary but makes random encounters with local authorities go quickly and without mishap). It may take a bit of practice to refine your particular carryall system.
That's about it. Choose an urban location in a moderate climate (ie. not the desert, not anywhere with heavy snowfall or severe cold temperatures) with readily accessible toilet facilities, a readily accessible supply of drinking water, but far enough towards the edges of urban jungle so that you can find a sleeping spot that's relatively secluded. You should be able to set up your sleeping spot in less than five minutes and pack up in the morning in a similar amount of time. Use the rain poncho to cover the ground where you will spread out your sleeping bag. If it rains during the day then you can wear the rain poncho and have what I used to call "free car wash day" but is now "free rain poncho wash day". If it rains at night, well, spend the night walking around in the rain poncho. If that's the worst of your worries--staying awake for a night--then life isn't so bad.
Note that this lifestyle requires staying clean. No heavy drinking as humans tend to become forgetful, at best, or outright stupid, at worst, when drinking is involved. Heavy drinking is the number one cause for torn clothes, dropped items, unfortunate encounters with the police, or falling asleep under the wrong tree and being awakened by the police (or worse). Heavy use of hard or debilitating drugs is also discouraged--habitual use of cocaine, crack cocaine, or crystalline methamphetamine will cause you to become involved with people who will only see you as a potential slave. Habitual use of marijuana isn't, in and of itself, terribly debilitating but be forewarned that "street demons" look for marijuana users and prey on them to satisfy their addiction to the harder drugs. Don't worry about showers. During the summer time spend time on beaches or at parks where you can sponge bath (a bathing suit comes in handy) off after a good sweat. Don't worry much about body odor--with proper self-care and maintenance it will eventually moderate itself.
Learn to deal with hunger. You will have days where you are hungry--COPE. As long as you have water the human body can go for, probably, months without a good meal. I can personally go for abou
the NPG electrode was replaced with carbon blac