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RIAA Admits ISPs Have Misidentified "John Does"

NewYorkCountryLawyer writes "The RIAA has sent out a letter to the ISPs telling them to stop making mistakes in identifying subscribers, and offering a 'Pre-Doe settlement option' — with a discount of '$1000 or more' — to their subscribers, if and only if the ISP agrees to preserve its logs for 180 days. Other interesting points in the letter (PDF): the RIAA will be launching a web site for 'early settlements,' www.p2plawsuits.com; the letter asks the ISPs to notify the RIAA if they have previously 'misidentified a subscriber account in response to a subpoena' or become aware of 'technical information... that causes you to question the information that you provided in response to our clients' subpoena'; it notes that ISPs have identified 'John Does' who were not even subscribers of the ISP at the time of the infringement; and it requests that ISPs furnish their underlying log files, not just names and addresses, when responding to RIAA subpoenas."

6 of 271 comments (clear)

  1. So.. by Anonymous Coward · · Score: 5, Insightful

    So the RIAA argument of "well, your ISP says you downloaded 100 movies, we don't care if you don't have access to or own a computer, or perhaps even died a few years ago, you did it and our records are infallible" maybe won't fly anymore?

  2. Re:Why? by MindStalker · · Score: 5, Insightful

    Funny thing about modern civilization, we have traded dueling at dawn and other acts of violence over squabbles with lawyers and the court system. In most cases this is good. But there are times when violence is necessary, and Americans have not only forgotten this but view anyone who disagrees as barbaric.

  3. Let us help the living hell out of you. by Rob+T+Firefly · · Score: 5, Insightful

    Really, it helps consumers in that the RIAA is less likely to sue innocent people, and only sue those people who are actually violating the law.
    Let's say for the sake of argument, hypothetically speaking, I'm not violating the law. Should I be okay with my ISP's logs being an open book to some agency whos only source of authority comes from having a shitload of money? All they need to do is scribble my IP address on a form letter and they get all my online activities. Yours too, for that matter.

    Now let's look at it another way, and say I'm in a related business. Let's make me a writer, musician, or other professional independent artist, self-publishing my own work out of my basement for burger money. I'm slightly suspicious that all of you people are illegally trading my copyrighted work, and depriving me of my burgers. I want to investigate this. Can I have the underlying logs from all of your ISPs as well, or is the shitload of money a requirement?
  4. Re:The more you tighten your grip, Tarkin... by Chandon+Seldon · · Score: 5, Insightful

    Engaging in illegal activity, however, is not a good way to express dissent.

    So Rosa Parks should have stayed in the back of the bus? Some guys dressed up as "Indians" shouldn't have thrown a bunch of tea into Boston harbour?

    Civil disobedience has been a core technique in the expression of political dissent for as long as there have been laws and politics. Yes - it's a calculated risk to violate the law to make a political statement, but it's also one of the few ways to be heard at all.

    --
    -- The act of censorship is always worse than whatever is being censored. Always.
  5. Rosa Parks did not hide what she did by benhocking · · Score: 5, Insightful

    If she had somehow hidden her act (which was impossible of course), then her act would have had little impact. Civil disobedience does not mean breaking the law without being caught. It entails breaking the law to bring about change. "Pirating" music is about breaking the law in order to save yourself some change. Two very different things. Please, don't demean Rosa Parks by the comparison.

    --
    Ben Hocking
    Need a professional organizer?
  6. New Business Model? by TheMeuge · · Score: 5, Insightful

    They're already unveiling a website? It seems as if to the RIAA, these lawsuits are becoming not just a tool to scare their clients into submission, but rather a business model in and of itself. A "$1000 discount?" being offered to clients of certain ISPs?! What's next, 2-for-1 specials? How long are we going to sit quietly, while the RIAA unrolls a new wave of ecommerce - information superhighway robbery...