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RIAA Accused of Extortion & Conspiracy
NewYorkCountryLawyer writes "The defendant in a Tampa, Florida, case, UMG v. Del Cid, has filed counterclaims accusing the RIAA record labels of conspiracy and extortion. The counterclaims (pdf) are for Trespass, Computer Fraud and Abuse (18 USC 1030), Deceptive and Unfair Trade Practices (Fla. Stat. 501.201), Civil Extortion (CA Penal Code 519 & 523), and Civil Conspiracy involving (a) use of private investigators without license in violation of Fla. Stat. Chapter 493; (b) unauthorized access to a protected computer system, in interstate commerce, for the purpose of obtaining information in violation of 18 U.S.C. 1030 (a)(2)(C); (c) extortion in violation of Ca. Penal Code 519 and 523; and (d) knowingly collecting an unlawful consumer debt, and using abus[ive] means to do so, in violation of the Fair Debt Collection Practices Act, 15 U.S.C. 1692a et seq. and Fla. Stat. 559.72 et seq."
Well, it hangs on what the judge deems "reasonable proof". If the mafiaa alone produces a log, it's clearly easily forged. If the defendant does, it's the same. When the ISP, a non-aligned party, produces evidence, it usually holds some meaning.
We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
Just so you know, the submitter's name is Ray Beckerman. He is a New York lawyer who has represented his share of RIAA victims and he has posted many articles updating us on the progress of these cases, including the one where he asked us to respond to the RIAA's "expert" witness who had basically admitted in a deposition to having essentially no scientific basis for his findings.
:(
Because his clients are generally not wealthy and cannot afford thousands of dollars on experts and legal fees, he's turned to those of us in the technical community who are sick of the RIAA's bullying legal tactics, and I believe he found an Ask Slashdot helpful for once, in spite of the trolls (surely that must be a first...).
If you want to know about the cases he's involved in, he posts about those (and others) over on his blog. Or just talk to him when he shows up on Slashdot. He's a nice guy, he reads (and responds to) pretty much all replies to his posts, save maybe the trolls. And if he seems a bit curt at times, it's because the RIAA is also watching him. That's right, they've taken note of his blog and possibly other things and tried to twist the things he says and does to use against him in court. I can't see how it's even relevant (it probably isn't), but the RIAA lawyers aren't known for playing nice (or even by the rules, if you look at all the stuff they try and pull ex parte; one Texas judge got mad at them for trying to "defraud" the state of filing fees).
In other words, he's a good lawyer, and one of our few allies in the fight against the RIAA. Very, very few people can afford to represent themselves in court, even if they're innocent, and the RIAA is taking every advantage of that fact
I, for one, intend to do pretty much anything in my power to help him out.