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Class Action Initiated Against RIAA

NewYorkCountryLawyer writes "Ever since the RIAA's litigation campaign began in 2003, many people have been suggesting a class action against the RIAA. Tanya Andersen, in Oregon, has taken them up on it. The RIAA's case against this disabled single mother, Atlantic v. Andersen, has received attention in the past, for her counterclaims against the RIAA including claims under Oregon's RICO statute, the RIAA's hounding of her young daughter for a face-to-face deposition, the RIAA's eventual dropping of the case 'with prejudice,' and her lawsuit against the RIAA for malicious prosecution, captioned Andersen v. Atlantic. Now she's turned that lawsuit into a class action. The amended complaint seeking class action status (PDF) sues for negligence, fraud, negligent misrepresentation, federal and state RICO, abuse of process, malicious prosecution, intentional infliction of emotional distress, violation of the Computer Fraud and Abuse Act, trespass, invasion of privacy, libel and slander, deceptive business practices, misuse of copyright law, and civil conspiracy."

315 comments

  1. About time someone did this by dhanav · · Score: 5, Insightful

    Now is the time for all those who complained about RIAA to join in and take this to a good conclusion.

    1. Re:About time someone did this by HoosierPeschke · · Score: 4, Interesting

      I agree, but how? NewYorkCountryLawyer, where can we direct our support and/or funds???

      --
      Mr. Universe: "They can't stop the signal, Mal. They can never stop the signal."
    2. Re:About time someone did this by AltGrendel · · Score: 4, Informative

      Unless you were approached by the RIAA, the most you can do is cheer them on.

      --
      The simple truth is that interstellar distances will not fit into the human imagination

      - Douglas Adams

    3. Re:About time someone did this by Billosaur · · Score: 4, Funny

      Agreed. You get the pitchforks, I'll find the torches... and I think some tar and feathers would be in order to... BTW, where is there HQ again? If we can't find that, their lawyers' offices will do...

      --
      GetOuttaMySpace - The Anti-Social Network
    4. Re:About time someone did this by Opportunist · · Score: 2, Insightful

      There's always the possibility of sending money. Donations. Nobody can keep me from giving my money to whoever I please.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    5. Re:About time someone did this by obsolete1349 · · Score: 2, Informative

      * EMI - New York and London
      * Sony BMG Music Entertainment - New York
      * Universal Music Group - Santa Monica, CA and New York
      * Warner Music Group - New York

      List of RIAA member labels for more information.

      Let's get those bastards.

    6. Re:About time someone did this by Himring · · Score: 4, Funny

      "I come back to you now, at the turn of the tide." --Gandalf

      --
      "All great things are simple & expressed in a single word: freedom, justice, honor, duty, mercy, hope." --Churchill
    7. Re:About time someone did this by MightyYar · · Score: 0, Offtopic

      I wouldn't suggest any donations to the Iranian Revolutionary Guard. :)

      --
      W..w..W - Willy Waterloo washes Warren Wiggins who is washing Waldo Woo.
    8. Re:About time someone did this by Opportunist · · Score: 0, Offtopic

      But I heard they have a quite wonderful marching band. Do they still play the Stalin organs?

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    9. Re:About time someone did this by Anonymous Coward · · Score: 0

      and if you're like the typical anti-RIAAA whiner, you manage to stop paying any money to the artists for the music too.

    10. Re:About time someone did this by Anonymous Coward · · Score: 0

      I wouldn't suggest any donations to the Iranian Revolutionary Guard. :)

      I've given money to organisations on the US "terrorist supporters" list - and I'm proud of it

      US neocon new world order fascism can only be stopped if we actively TRY

    11. Re:About time someone did this by Tuoqui · · Score: 1

      I just have to say that the RIAA is going to get owned before this is over.

      --
      09F911029D74E35BD84156C5635688C0
      +2 Troll is Slashdot's way of saying groupthink is confused
    12. Re:About time someone did this by heelrod · · Score: 2, Funny

      They haven't had a good band ever!

      You must be a Jessica Simpson fan

    13. Re:About time someone did this by WhyDoYouWantToKnow · · Score: 3, Interesting

      Technically, I never paid the artist anything. I paid the vendor (Best Buy, Amazon, etc). The money trail eventually leads back to the label (BMG, EMI, etc) who then pays the artists. If the artists aren't getting paid I'd check out the people who sign the checks (BMG, EMI, etc). If you didn't get your paycheck, would you go after your customers or your employer?

      --
      "Oh drat these computers, they're so naughty and so complex. I could pinch them."
      Marvin the Martian
    14. Re:About time someone did this by JoshHeitzman · · Score: 1

      That's what they get for making their bed with RIAA members, not all artists do so.

      --
      Software Inventor
    15. Re:About time someone did this by NewYorkCountryLawyer · · Score: 5, Informative

      I agree, but how? NewYorkCountryLawyer, where can we direct our support and/or funds??? Ms. Andersen's attorneys. Their contact information is at the top of the first page of the amended complaint.
      --
      Ray Beckerman +5 Insightful
    16. Re:About time someone did this by menkhaura · · Score: 3, Funny

      And do you think that posting anonymously will keep you anonymous? They know about everything you write, They know about everything you do, They know when you log into the Internet, They read your e-mails, They intercept your phone calls, They trace your travels and your expenses. You might think I'm joking, but I'm not, this is serious. You, sir, are in deep trouble.

      --
      Stupidity is an equal opportunity striker.
      Fellow slashdotter Bill Dog
    17. Re:About time someone did this by Raistlin77 · · Score: 1

      Eh, then they already know that he/she gave money to them as well...

    18. Re:About time someone did this by walt-sjc · · Score: 2

      FYI, you probably don't need to send any funds. They lawyers taking the case probably think they have a good chance of winning a sizable settlement. They are most likely working in exchange for a cut of the take.

    19. Re:About time someone did this by empaler · · Score: 1

      If he's a foreign national residing outside the US, they can go blow themselves. I know that the US terror list is longer than the EU one, so he might just be able to not give a crap.

    20. Re:About time someone did this by Dahamma · · Score: 3, Insightful

      Feel free to throw your money away giving it to class action lawyers. I'm sure they will split their massive commission with you if they win.

    21. Re:About time someone did this by Anonymous Coward · · Score: 0

      HAHA!!! Its about damn time somebody stood up and is finally saying F*CK THE RIAA!!

    22. Re:About time someone did this by TheRaven64 · · Score: 3, Funny

      Ray, Ray, Ray, you really should have learned by now. Don't leave important information in the article; no one makes it that far. If it's important, put it in the comments; that's all anyone here reads. Think of us as cheap barristers; we may listen to what you say, but we almost certainly won't read the brief before offering our expert opinions on it...

      --
      I am TheRaven on Soylent News
    23. Re:About time someone did this by Atario · · Score: 2, Insightful

      I believe the point here is not to get rich off the RIAA, but to take the bastards down a few notches. Please readjust expectation parameters accordingly.

      --
      "A great democracy must be progressive or it will soon cease to be a great democracy." --Theodore Roosevelt
    24. Re:About time someone did this by ignavus · · Score: 0, Offtopic

      "I come back to you now, at the turn of the tide." --Gandalf

      So does flotsam.

      --
      I am anarch of all I survey.
    25. Re:About time someone did this by Anonymous Coward · · Score: 0

      If you didn't get your paycheck, would you go after your customers or your employer?

      I'd go after my employer. And if my employer said "I don't have the money to pay you because our customers never paid up," I'd expect my employer to go after the customers and get the money so they can pay me. So by your logic artists should be supporting the RIAA.

      I hate the RIAA, but I also hate crappy analogies. Yours seems to make the opposite point from what you think you are making.

      Better analogy: if my employer was operating under an outdated business model and paying me exploitation wages while keeping the fruits of my labor, I'd find another employer. The thing is, though, I'd still expect customers to pay for my work.

    26. Re:About time someone did this by NewYorkCountryLawyer · · Score: 4, Interesting

      Ray, Ray, Ray, you really should have learned by now. Don't leave important information in the article; no one makes it that far. If it's important, put it in the comments; that's all anyone here reads. Think of us as cheap barristers; we may listen to what you say, but we almost certainly won't read the brief before offering our expert opinions on it... :)

      Actually, you happen to be wrong about that. That's one of the amazing things about /. The first time I ever came here, I was astonished to find this web site community where people were engaged in various threads which were basically debates about the Patti Santangelo case. People were supporting their arguments with citations from various parts of the transcript, and from legal documents that had been filed. I was astonished.

      I think it was this post. See, e.g. this comment, this comment, this one, this one, and this one, if you want to get the flavor.

      Some more examples here, here, here, and here.
      --
      Ray Beckerman +5 Insightful
    27. Re:About time someone did this by dynamo · · Score: 2, Insightful

      Every US taxpayer is a terrorist supporter.

    28. Re:About time someone did this by Faylone · · Score: 1

      According to http://www.riaa.com/aboutus.php, RIAA HQ is at 1025 F ST N.W., 10th Floor, Washington, D.C. 20004

    29. Re:About time someone did this by canuck57 · · Score: 1

      Feel free to throw your money away giving it to class action lawyers. I'm sure they will split their massive commission with you if they win.

      Unfortunately I agree with the waste, but not the action. If enough people stood up to these electronic thugs perhaps some federal prosecutor will take notice. A class action is a good vehicle for this.

      Case in point, breaking into peoples computers without authorization or a warrant is a felony. By the RIAAs own admission they hire a company to do this. This is conspiracy. Seems like a well document slam dunk case should the federal prosecutors ever get off their asses. There is no doubt, the RIAA needs to be convicted of conspiracy felony charge.

    30. Re:About time someone did this by k31bang · · Score: 1

      They know about everything you do


      Santa and associates?
      --
      -+-=-+-=-+-=-+-=-+-=-+ *** http://www.mountainfort.com *** +-=-+-=-+-=-+-=-+-=-+-
    31. Re:About time someone did this by Dahamma · · Score: 1

      If by "point here" you mean at slashdot, I agree completely, and hope the RIAA gets slammed. But the reason lawyers take class action cases like this is not to take anyone "down a few notches", but to make a killing by speculating on winning a big settlement. They will take these cases on contingency, so there is no good reason to donate money to them out of your own pocket just to "support the cause".

    32. Re:About time someone did this by MightyYar · · Score: 1

      I'd use a less ambiguous term - a lot of Americans don't agree with the foreign policy of the US, but still have to pay. Calling them supporters is a bit like saying that the child prostitutes of Bangkok are supporters of the prostitution trade in Thailand :)

      --
      W..w..W - Willy Waterloo washes Warren Wiggins who is washing Waldo Woo.
    33. Re:About time someone did this by MightyYar · · Score: 1

      His analogy wasn't that bad. Anyone who actually deals with customers is familiar with the non-paying customer dilemma. If you resort to legal action to get a debt paid, you will likely never see a dime from that customer. Even strong-arm tactics like halting shipments can be fatal to the relationship. You have to weight the benefits of future business against the possibility of getting paid promptly.

      I'm quite sure that the RIAA did consider this... and decided to sue... and the choice has proved to be quite costly.

      Of course, no actual property is being stolen - only copyrights being infringed upon - and this confuses the matter significantly.

      --
      W..w..W - Willy Waterloo washes Warren Wiggins who is washing Waldo Woo.
  2. So, Mr. NewYorkCountryLawyer, by Spazntwich · · Score: 1

    What are your estimates of this case's success?

    I'd rather hear it from the expert than Slashdot's myriad self-described ones.

    1. Re:So, Mr. NewYorkCountryLawyer, by mazanoid · · Score: 1

      I say they'll settle out of court for some absurd sum or the riaa will lose it and the RIAA will bounce the check because it'll be that big (considering they get their jollies off of suing 10 year olds for 300,000+$, i can only imagine a class action lawsuit going for at least 300,000$ * number of class action members.

      Hurray. The RIAA and MPAA suck. We want better music, and different movies. The cinematography, million dollar actors, and effects could actually be sacrificed if someone came up with a...uhm, plot?

    2. Re:So, Mr. NewYorkCountryLawyer, by WPIDalamar · · Score: 5, Insightful

      $10 says the lawyers are the only winners.

    3. Re:So, Mr. NewYorkCountryLawyer, by Blue+Stone · · Score: 4, Insightful
      >"$10 says the lawyers are the only winners."

      As long as the RI.... Record Companies lose, I'm OK with that.

      --
      Corporation, n. An ingenious device for obtaining individual profit without individual responsibility. - Ambrose Bierce
    4. Re:So, Mr. NewYorkCountryLawyer, by mcrbids · · Score: 3, Funny

      $10 says the lawyers are the only winners.

      If you are right, wouldn't that make you a winner too?

      --
      I have no problem with your religion until you decide it's reason to deprive others of the truth.
    5. Re:So, Mr. NewYorkCountryLawyer, by MajinBlayze · · Score: 2, Funny

      If only lawyers win, and he wins, HE'S A LAWYER
      Watch out!! *hides*

      (wow, glad I previewed, I almost called him a LAYER)

      --
      "Hate is baggage. Life's too short to be pissed off all the time." Danny Vinyard -American History X
    6. Re:So, Mr. NewYorkCountryLawyer, by bidule · · Score: 1

      $10 says the lawyers are the only winners.
      So, what's wrong with that? All I want is that Atlantic loses badly, the rest I don't care.
      --
      ID: the nose did not occur naturally, how would we wear glasses otherwise? (apologies to Voltaire)
    7. Re:So, Mr. NewYorkCountryLawyer, by wperry1 · · Score: 1

      $10 says the lawyers are the only winners. They always are. I've was part of a MS class action a few years ago. The lawyers took home like 1/3 of some multi-million dollar settlement and I got a check in the mail for a dollar something. WP
    8. Re:So, Mr. NewYorkCountryLawyer, by bremstrong · · Score: 1

      Yes, but the RIAA could easily be the loser, even if none of their money makes it to people they've been suing.

    9. Re:So, Mr. NewYorkCountryLawyer, by Paracelcus · · Score: 2, Insightful

      (IMHO) It ain't about the money, its about really hurting the recording industry and all the greedy no-talent clotheshorses with multi-million dollar contracts who produce increasingly non-musical drivel at inflated prices.

      --
      I killed da wabbit -Elmer Fudd
    10. Re:So, Mr. NewYorkCountryLawyer, by Terrasque · · Score: 1

      (wow, glad I previewed, I almost called him a LAYER)

      That would actually be LESS of an insult.

      --
      It's The Golden Rule: "He who has the gold makes the rules."
    11. Re:So, Mr. NewYorkCountryLawyer, by Sandbags · · Score: 2, Insightful

      The lawyers may be the only ones to PROFIT from this case, but the fact that a verdict against the RIAA will have ripple effects in hundreds of cases, state and federal laws is something to watch. This case could determine the future of how piracy can be legally tracked, what kind of effort a company is allowed to put in to protect intellectual property, what lines are drawn as far as "harassing prosecution:" is concerned, and more. Even if the RIAA wins the action, on many levels they will also loose, most importantly, many of the methods they use will be once and for all ruled on by a judge and many of their powers will be stripped (and thus so will the powers of many other companies). The simple existence of this case is a great victory for internet freedom fighters. If we're really lucky, this could even legitimize many types of P2P systems, or have whole portions of copywrite and DMCA law changed or erased.

      --
      There is no contest in life for which the unprepared have the advantage.
    12. Re:So, Mr. NewYorkCountryLawyer, by scribblej · · Score: 1

      They won't be the /only/ winners if anyone takes you up on that bet. You'll be one too.

      Remember I was your friend before you got $10 richer.

    13. Re:So, Mr. NewYorkCountryLawyer, by Anonymous Coward · · Score: 0

      $10 says the lawyers are the only winners.

      If the RIAA loses, even if nobody but the lawyers get a shiny dime we've all won. That includes the labels' customers and artists alike.

      -mcgrew

      PS- starve the RIAA labels; buy indie and attend your local musucians' shows. If you MUST have RIAA top 40 pap, get it free and legal by plugging in your radio's headphone jack to your PC's sound card and sample for a couple of hours. It will be higher quality than anything you can download, it's free, and it's entirely legal (just don't share the files).

    14. Re:So, Mr. NewYorkCountryLawyer, by eth1 · · Score: 2, Funny

      $10 says the lawyers are the only winners.


      Hmm... So, if only the lawyers win, you win $10, which means that the lawyers AREN'T the only winners, so you shouldn't win your $10. But then the lawyers would be the only winners! Now if only they'd all disappear in a puff of logic...

    15. Re:So, Mr. NewYorkCountryLawyer, by Anonymous Coward · · Score: 0

      $10 says the lawyers are the only winners.


      Cheap ass chickenshit...
    16. Re:So, Mr. NewYorkCountryLawyer, by spookymonster · · Score: 1

      I can just imagine it...

      $100 million awarded to the lawyers, and anyone who can provide a copy of a Cease & Desist letter gets 1 free iTunes download.

      --
      - Despite popular opinion, I am not perfect.
    17. Re:So, Mr. NewYorkCountryLawyer, by NewYorkCountryLawyer · · Score: 5, Informative

      What are your estimates of this case's success? I'd rather hear it from the expert than Slashdot's myriad self-described ones. My guess is that there will be substantial motion practice involving (a) defendants' attempts to dismiss as many of the theories as they can, and (b) certification of a class. If at the end of all of that a class is certified by the Court, the RIAA has a big problem, and will probably have to come to terms with Ms. Andersen and those she represents.

      The vast majority of class actions are neither won, nor lost, but settled. In this case, I would imagine that the defendants' shareholders are already starting to wake up to the reality that they have been played for suckers by their lawyers, and the companies will be most eager to settle.
      --
      Ray Beckerman +5 Insightful
    18. Re:So, Mr. NewYorkCountryLawyer, by Anonymous Coward · · Score: 1, Funny
      (wow, glad I previewed, I almost called him a LAYER)

      That would actually be LESS of an insult.

      I don't know, calling somebody a female chicken could be quite insulting.

      - Bryan

    19. Re:So, Mr. NewYorkCountryLawyer, by WPIDalamar · · Score: 1

      if you supply a self addressed stamped envelope.

    20. Re:So, Mr. NewYorkCountryLawyer, by Phisbut · · Score: 1

      They always are. I've was part of a MS class action a few years ago. The lawyers took home like 1/3 of some multi-million dollar settlement and I got a check in the mail for a dollar something. WP

      How much time and effort have you spent working on the case making sure you win it? And how much time did the lawyer spend in order to win the case?

      --
      After 3 days without programming, life becomes meaningless
      - The Tao of Programming
    21. Re:So, Mr. NewYorkCountryLawyer, by Pojut · · Score: 1

      I REALLY REALLY hate saying this because it's true (primarily due to what it means insofar as where we are as a "society"), but record companies wouldn't keep giving those multimillion dollar contracts if people weren't buying the music, however shitty it may be...

    22. Re:So, Mr. NewYorkCountryLawyer, by wperry1 · · Score: 3, Insightful

      Are you a lawyer? Did I touch a sore spot? ;)

      I get that the lawyer is the one putting the effort into winning the case. My point is that the lawyers are the ones that benefit in these cases, not the victims. Class action lawsuits penalize the defendants and reward the lawyers. The general public does see a benefit though in that the threat of class action suits will (hopefully) discourage large entities like corporations from screwing the little guy who would otherwise have little legal chance against them.

      BTW: I do not consider myself to be a victim in the MS issue. It was about some legalese loophole or something from the late '90s. The check I got was essentially found money. Not enough to buy a meal, but better than a stick in the eye.

    23. Re:So, Mr. NewYorkCountryLawyer, by Anonymous Coward · · Score: 0

      ...on many levels they will also loose, most importantly, many of the methods they use...
      Please, people of the internet - use a pneumonic or something. Like um...when you use lose, lose the extra o. Or uh...a loose wheel could lose the race.

      Also, something like "copyright is my right" could be helpful.

      Maybe I just need to losen up. :(
    24. Re:So, Mr. NewYorkCountryLawyer, by shmlco · · Score: 1

      "defendants' attempts to dismiss as many of the theories as they can"

      No kidding. Sues for "negligence, fraud, negligent misrepresentation, federal and state RICO, abuse of process, malicious prosecution, intentional infliction of emotional distress, violation of the Computer Fraud and Abuse Act, trespass, invasion of privacy, libel and slander, deceptive business practices, misuse of copyright law, and civil conspiracy."

      If I were sitting on this I'd take the above as a signal they don't have a strong case on any specific point, so they're throwing everything and the kitchen sink into the suit hoping that something will stick.

      --
      Any sect, cult, or religion will legislate its creed into law if it acquires the political power to do so.
    25. Re:So, Mr. NewYorkCountryLawyer, by Velveeta_512 · · Score: 1

      Am I correct in thinking that if she decides to settle without this coming to a conclusion in court, that nothing of any good would come out of this for anyone else that might choose to go on the offensive against the **AA? Can you use the verdict of a class action suit as a precedent for another class action suit, or is that kind of thing only reserved for other types of cases? If she did decide that she had a good chance of winning, and stuck it out to a verdict, and if it was decided in her favor, would that open the door for others to use that as precedence in their own class action suits against the **AA?

    26. Re:So, Mr. NewYorkCountryLawyer, by NMerriam · · Score: 2, Insightful

      As long as the RI.... Record Companies lose, I'm OK with that.


      That's pretty much the point of the class action statutes. Theres no effective way to remedy 20 million people who were all ripped off for 12 cents each by a megacorp, yet doing so would be incredibly profitable for said megacorp. So you simply make such behavior have a huge financial penalty for the megacorp to try and set an example that ripping off lots of people a little at a time is not a wise business decision, because in aggregate the sums involved are very attractive to an attorney working on contingency for the class.
      --
      Recursive: Adj. See Recursive.
    27. Re:So, Mr. NewYorkCountryLawyer, by NewYorkCountryLawyer · · Score: 5, Informative

      Am I correct in thinking that if she decides to settle without this coming to a conclusion in court, that nothing of any good would come out of this for anyone else that might choose to go on the offensive against the **AA? Can you use the verdict of a class action suit as a precedent for another class action suit, or is that kind of thing only reserved for other types of cases? If she did decide that she had a good chance of winning, and stuck it out to a verdict, and if it was decided in her favor, would that open the door for others to use that as precedence in their own class action suits against the **AA? Most likely any settlement would involve a consent decree against the RIAA's practices and would include a settlement fund, so yes a lot of good would come from it. The consent decree would probably have a permanent and lasting value.
      --
      Ray Beckerman +5 Insightful
    28. Re:So, Mr. NewYorkCountryLawyer, by NewYorkCountryLawyer · · Score: 2, Informative

      "defendants' attempts to dismiss as many of the theories as they can" No kidding. Sues for "negligence, fraud, negligent misrepresentation, federal and state RICO, abuse of process, malicious prosecution, intentional infliction of emotional distress, violation of the Computer Fraud and Abuse Act, trespass, invasion of privacy, libel and slander, deceptive business practices, misuse of copyright law, and civil conspiracy." If I were sitting on this I'd take the above as a signal they don't have a strong case on any specific point, so they're throwing everything and the kitchen sink into the suit hoping that something will stick. Well you would be taking the wrong signal. All it signals is that lawyers are trained to be careful and include all of their theories.
      --
      Ray Beckerman +5 Insightful
    29. Re:So, Mr. NewYorkCountryLawyer, by Shadow-isoHunt · · Score: 1

      Unless you are a lawyer Sir, I have a feeling you will lose that bet!

      --
      www.isoHunt.com
    30. Re:So, Mr. NewYorkCountryLawyer, by Svartalf · · Score: 1

      Yeah, you just need to loosen up.

      (By the by, mnemonic is spelled M-N-E-M-O-N-I-C... >:-) )

      --
      I am not merely a "consumer" or a "taxpayer". I am a Citizen of the State of Texas
    31. Re:So, Mr. NewYorkCountryLawyer, by TheRaven64 · · Score: 1

      I know, but it's really hard to kill the stupid people faster than they breed.

      --
      I am TheRaven on Soylent News
    32. Re:So, Mr. NewYorkCountryLawyer, by TheRaven64 · · Score: 1

      Even without a legal precedent being set, it would have a strong psychological impact on those being sued by the RIAA. From what I've read, it wouldn't take many more to start fighting rather than settling to make the whole thing unprofitable.

      --
      I am TheRaven on Soylent News
    33. Re:So, Mr. NewYorkCountryLawyer, by RobBebop · · Score: 4, Informative

      IANAL... but here's a layman's guess to justify the claims....

      • negligence - The RIAA initiated lawsuits without significant evidence
      • fraud - Evidence was faked (RIAA probably didn't do this)
      • negligent misrepresentation - RIAA attacked an I.P. address instead of a person, then later found out anybody who recently held that I.P. address.
      • federal and state RICO - RICO stands for "Racketeer Influenced and Corrupt Organizations", and the quantity of lawsuits pursued by the RIAA seem to suggest they are a Racket.
      • abuse of process - Attempts to rush trials or start trials with the intent to offer a "payment plan" to extort money without following through in court.
      • malicious prosecution - They sued children
      • intentional infliction of emotional distress - They sued children who belonged to single mother's who absolutely couldn't afford the extortionary settlements
      • violation of the Computer Fraud and Abuse Act - This seems like a beefed up accusation of the generalized negligance/abuse/malicious accusations above.
      • trespass - Did the RIAA have any right viewing the lists of songs on the computers of the citizens that they are accusing?
      • invasion of privacy - Did the RIAA have any right to petition the ISP to identify who had an I.P. address at a particular time?
      • libel and slander - Any time you say somebody did something negative that they didn't do - it is libel and slander.
      • deceptive business practices - I don't know how deceptive the RIAA has been, but any organization that is formed to sue its customers certainly has questionable business practices.
      • misuse of copyright law - Have they ever sued for a song that was not copyrighted, or for a file named "Metalica - Enter Sandman.mp3" that actually contained a recording of the sound it makes when I take a piss? That would seem like abuse to me.
      • civil conspiracy - I'm not sure what this means... maybe this accusation is a reach too...

      ===

      By the way, THANK YOU NewYorkCountryLawyer for your time and energy to bring these stories to Slashdot and for your pursuit of change within an industry that is so important to us. It is more than music that is at stake... it is culture... and without that then life become one big huge business - and it wouldn't be any fun for anybody.

      --
      Support the 30 Hour Work Week!!!
    34. Re:So, Mr. NewYorkCountryLawyer, by sideswipe76 · · Score: 1

      I think it would actually be better to NOT settle. The problem with a settlement is that no precedent is set in court (lawyers correct me). What we need is CLEAR settlement. I mean, a nasty punitive award is a major detterant but can't be considered by a judge in a future case

    35. Re:So, Mr. NewYorkCountryLawyer, by Anonymous Coward · · Score: 0

      pneumatic, mnemonic; potato, dog

      I contest that I was blinded by rage. Or some such foolishness.

    36. Re:So, Mr. NewYorkCountryLawyer, by NewYorkCountryLawyer · · Score: 1

      I think it would actually be better to NOT settle. A consent decree would be a binding precedent on all of the record companies who are parties to it.
      --
      Ray Beckerman +5 Insightful
    37. Re:So, Mr. NewYorkCountryLawyer, by Genda · · Score: 1

      I don't care who you are... the minute you make your customers the enemy... you are doomed. The RIAA, represents the recording industry. Did anyone actually think that by making their punitive puppet, a separate organization that everybody on the planet wouldn't notice who was operating the mouth... or in this case paying the layers?

      Even the largest corporations is outnumbered by the public millions to one... piss off enough people, and they'll mark your business' passing with shaking heads and fingers pointing at the smoking hole where your main offices used to be...

    38. Re:So, Mr. NewYorkCountryLawyer, by thc69 · · Score: 1

      Did anyone actually think that by making their punitive puppet, a separate organization
      Actually, they didn't quite make the separate organization their punitive puppet; the actual lawsuits are RecordCompanyName v. VictimName, not RIAA v. VictimName.
      --
      Procrastination -- because good things come to those who wait.
    39. Re:So, Mr. NewYorkCountryLawyer, by Anonymous Coward · · Score: 0

      "malicious prosecution - They sued children"

      Not just children. The RIAA has sued children, the elderly, estates of the deceased, the disabled, and anyone else they feel like targetting.

      "libel and slander - Any time you say somebody did something negative that they didn't do - it is libel and slander."

      And this is why the RIAA like to get dismissals without prejudice; then they don't have to convince a judge or jury that they're libelling innocent people based on a randomly chosen number.

      "civil conspiracy - I'm not sure what this means... maybe this accusation is a reach too..."

      Any time more than two groups get together, you have a conspiracy. In this case, I'm betting the intention is to say the members of the RIAA (5 or 6 of the largest record companies in the world) got together behind closed doors and agreed to start this massive lawsuit campaign. I can't see any easy way they can avoid being accused of this, considering the SAME LAWYERS have appeared in lawsuits by different recording companies, which suggests that this is some kind of combined effort by the labels involved.

      "trespass - Did the RIAA have any right viewing the lists of songs on the computers of the citizens that they are accusing?"

      Nah, this one's more likely to be about the RIAA's tendency to hire private investigators to collect information about the people they are preparing to sue after they get the names from the ISP's.

      And trust me, the fraud charge is about the letters they send to people before they start legal proceedings. They letters basically state "You are infringing our copyright."; if the court system disagrees, that's mail fraud. And there are already a group of cases where the courts have disagreed with that particular claim...

  3. Thank god, at last by unity100 · · Score: 2

    Abuse of legal system for personal profiteering shouldnt be allowed. I wish this class action lawsuit to go as big as paypal one and this time teach MAFIAA bastards and their hound dog of a lawyers some lesson.

    1. Re:Thank god, at last by Rockenreno · · Score: 1

      I completely agree. Putting aside the arguments of eschewing their customers and the problems with illegal downloads, the manner in which the RIAA has been conducting itself is unacceptable. They are not above the law and their abuse of the system needs to be stopped.

      --

      Forecast for tomorrow: A few sprinklings of genius with a chance of DOOM!
  4. More, please! by AltGrendel · · Score: 5, Funny

    sues for negligence, fraud, negligent misrepresentation, federal and state RICO, abuse of process, malicious prosecution, intentional infliction of emotional distress, violation of the Computer Fraud and Abuse Act, trespass, invasion of privacy, libel and slander, deceptive business practices, misuse of copyright law, and civil conspiracy.

    Can you add sheer stupidity and pigheadedness to that?

    Oh, and while you're at it, tell them that we plain old don't like them.

    --
    The simple truth is that interstellar distances will not fit into the human imagination

    - Douglas Adams

    1. Re:More, please! by morgan_greywolf · · Score: 1

      Really, though, what should also be added are antitrust violations. The RIAA has used deceptive and illegal practices to ensure that their music is all that is played on the radio, all that is shown on television, and all that is sold in record stores.

    2. Re:More, please! by lilomar · · Score: 1

      You forgot attempting to do the same thing with the internet.
      Linky.

      --
      The creator of this post (Jacob Smith) hereby releases it, and all of his other posts, into the public domain.
    3. Re:More, please! by HiThere · · Score: 1

      *Can* an individual sue for anti-trust violations? Or does that need to be done by a DA or a grand jury?

      Not that they aren't guilty of all charges, and of anti-trust also, but I'm not sure that this would strengthen the case.

      (Caution: IANAL)

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
    4. Re:More, please! by AuMatar · · Score: 1

      Yes, if they were in a competing business and have monetary damages due to it. Anti-trust is a civil statute as well.

      --
      I still have more fans than freaks. WTF is wrong with you people?
    5. Re:More, please! by morgan_greywolf · · Score: 1

      Not necessarily 'competing'. It just has to be that their business or potential business was hurt by it. This would include all recording artists.

    6. Re:More, please! by Dan+Schulz · · Score: 1

      Oh, and while you're at it, tell them we plain old don't like them.

      I believe the plaintiff just did that.
    7. Re:More, please! by dkf · · Score: 1

      Can you add sheer stupidity and pigheadedness to that? Alas, no. Those two things are technically legal, even if they are the ultimate cause of many other things that are illegal...
      --
      "Little does he know, but there is no 'I' in 'Idiot'!"
  5. Who could join? by downix · · Score: 3, Interesting

    Would this be just by people they hve harassed, or against any potential target? This leaves the door very open to wild interpretation untill we get clarification.

    --
    Karma Whoring for Fun and Profit.
    1. Re:Who could join? by Anonymous Coward · · Score: 1, Insightful

      Class action suits are supposed to be filed on the behalf of those affected. So only people the RIAA has maliciously sued, basically.

    2. Re:Who could join? by Howard+Canonymouse · · Score: 1

      How about anybody who bought a CD since downloading started. It seems to be part of the conspiracy as well. I'm really an A.C.

    3. Re:Who could join? by iamdrscience · · Score: 1

      This is only open to those who have been approached/harassed by the RIAA. You can't sue somebody for something they *might* do to you.

    4. Re:Who could join? by jeffasselin · · Score: 1

      No, but any judgement or settlement in favor of the plaintiffs in this case would most likely include a statute to prevent them from continuing this charade.

      --
      If he explores all forms and substances Straight homeward to their symbol-essences; He shall not die.
  6. GAH!!! by Anonymous Coward · · Score: 0

    Too.. many... links... confused... where do I click.... :-S
    *closes browser*

    Boy, was that scary! :(

    1. Re:GAH!!! by lilomar · · Score: 1

      I believe the relevant link is this one. The rest are court documents etc.

      --
      The creator of this post (Jacob Smith) hereby releases it, and all of his other posts, into the public domain.
  7. I know how it'll go down by weak* · · Score: 3, Funny
    The witness has testified that you are personally responsible for the murder of a New York City police captain in 1947 and with him a man named Virgil Sollozzo. You deny this?

    RIAA: Yes, we do.

    --
    The Schwartz space ain't from Spaceballs.
    1. Re:I know how it'll go down by Hijacked+Public · · Score: 1

      Lets hope that Tanya Anderson doesn't have a brother in Sicily.

      --
      "Sacrifice for the good of The State" - The State
    2. Re:I know how it'll go down by pedramnavid · · Score: 1

      Mr. WELCH: Let us not assassinate this lad further, Senator. You have done enough. Have you no sense of decency sir, at long last? Have you left no sense of decency? Senator RIAA: I know this hurts you. But I may say, Mr. Chairman, on a point of personal privilege, and I would like to finish it-- Mr. WELCH. Senator, I think it hurts you, too, sir. Senator MCCARTHY. I would like to finish this.

    3. Re:I know how it'll go down by lilomar · · Score: 1

      Brilliant quote, the key thing being that what really stopped McCarthy wasn't the justice system itself, it was the public turning against him.

      --
      The creator of this post (Jacob Smith) hereby releases it, and all of his other posts, into the public domain.
  8. So... by Colin+Smith · · Score: 3, Insightful

    How can we contribute?

    --
    Deleted
    1. Re:So... by Shabbs · · Score: 1

      That was my first thought too.

      Where can I send some money to in order to help them out?

      Could this be the final knockout blow?

      --
      Mark
    2. Re:So... by Rude+Turnip · · Score: 1

      Class action suits are usually done on a contingency basis, so the attorney gets his fee from the settlement proceeds.

    3. Re:So... by Lord+Ender · · Score: 3, Insightful

      How can we contribute?
      Why would you want to contribute? Class action lawsuits are typically funded entirely by the lawyers themselves. It's the lawyers who get all the money from the settlements, and the defendants they "represent" end up with gift certificates.
      --
      A slashdotter who didn't build his own computer is like a Jedi who didn't build his own lightsaber.
    4. Re:So... by shark72 · · Score: 1

      "How can we contribute?"

      Just keep pirating music, and keep encouraging your friends to do the same. Hit them in the wallet.

      It's not enough to keep saying "their business model is dead." To make that happen you need to keep actively helping to kill it.

      --
      Sitting in my day care, the art is decopainted.
    5. Re:So... by Colin+Smith · · Score: 1

      Money isn't the only way to contribute...

      --
      Deleted
  9. Add me by Edward+Ka-Spel · · Score: 5, Funny

    Yes, I have been illegally downloading music for years, I want to be a part of this class action suit.

    Oh, wait... Umm... nevermind.

    1. Re:Add me by Anonymous Coward · · Score: 0

      Yes, I have been illegally downloading music for years, I want to be a part of this class action suit. Yeah, me too. If they owe me $150,000 per song I illegally downloaded, times about 4000 songs... They owe me $600,000,000!!!

    2. Re:Add me by rcrush · · Score: 1

      how much do you get for movies, tv and pron? I may be the next Bill Gates!

    3. Re:Add me by kaizokuace · · Score: 1

      Defamation should be added to the list! They have proclaimed that so many of us are pirates! when it is obvious that we all don't sail around not getting our vitamin c and having gay sex with our ship mates!

      --
      Balderdash!
  10. Why did it take so long? by Anonymous Coward · · Score: 0

    what's become of us, that we allow these corporate tyrants to corrupt the system and betray the public trust

    oh, and let's not even try to measure the damage they've done to artists and audiences

  11. how do I get in..... by Roskolnikov · · Score: 4, Interesting

    How do I get in this class? do I purchase music? do I pose as someone downloading music? can I turn myself into the riaa in the hopes that they can include me in the pay out?

    These folks chasing after a 10 year old is one thing, but I seem to recall they went after a dead man as well, can't wait to see how this plays out.

    --
    Unix, an obscure operating system developed by bored researchers in an attempt to get a better game playing experience.
    1. Re:how do I get in..... by Ant+P. · · Score: 1

      How about a DRM-related excuse? You could claim damages for the cost of cleaning up RIAA DRM infections on your PC(s).

    2. Re:how do I get in..... by westlake · · Score: 1
      How do I get in this class? Do I pose as someone downloading music? Can I turn myself into the riaa in the hopes that they can include me in the pay out?

      Don't play with fire.

      The class action does not go forward unless a court allows it to go forward.

      If a judge decides that the affected class is ill-defined as a matter of law, unwieldy, unworkable and open to fraudulent claims this is not going to happen.

      The legal environment for the class action lawsuit is increasingly hostile. High Court Reins in Class-Action Suits, Class Action Fairness Act of 2005

    3. Re:how do I get in..... by Genda · · Score: 1

      Oh now there's an idea... have every Slashdot reader send a formal letter to the RIAA saying I confess... I've downloaded music illegally... what are you gonna do about it!

      10 million nerds screaming sue me... no sue me! Hey you... RIAA SUE ME!!! You'd be able to hear their collective sphincter puckering half way across the solar system!

  12. On the subject of a class action suit by Haiku+4+U · · Score: 5, Funny

    Dear RIAA,
    Turnabout is fair play, you
    rich smokers-of-cocks.

    Love, Haiku 4 U
    P.S. I look forward to
    great music sans you.

  13. CELEBRATE! by WwWonka · · Score: 3, Funny

    ....after reading this glorious news it may be the first time I have wanted to leave my cubicle and head out into the streets to shout at the top of my overworked underpaid lungs...

    "FLAVOR FLAAAAAAV!"

    then I will promptly head back inside and continue to use our company's massive internet bandwidth to keep downloading pirated music.

    1. Re:CELEBRATE! by bstempi · · Score: 1
      This is your boss. You're fired.

      Oh, and on your way our, please give me a copy of all of your music. I'll need it for list^H^H^H^Hevidence.

    2. Re:CELEBRATE! by Anonymous Coward · · Score: 0

      Clearly, you aren't that overworked if you have time to download music. And couldn't unfettered access to a high speed internet connection count as some sort of pay? Just sayin' ...

  14. Verdict by Anonymous Coward · · Score: 3, Insightful

    The RIAA will be sentenced to giving all members of the class $12.67 in music downloads from the Kenny Rogers store (with DRM).

  15. In addition to RIAA ... by xednieht · · Score: 5, Informative

    she names a number of other defendants including:
    Atlantic Recording Corp.
    Priority Records
    Capitol Records
    UMG Recordings
    BMG

    And lets not forget that RIAA is just a front organization for a host of others listed here --> http://yro.slashdot.org/comments.pl?sid=271437&cid =20249893

    The Association has no product per se, the alleged racketeering is therefore being funded by it's members.

    I wish her luck as well a success.

    --

    Hope is the currency of fools
    1. Re:In addition to RIAA ... by smellsofbikes · · Score: 2, Insightful

      >The Association has no product per se,

      Lawsuits. Lots and lots and lots of lawsuits.

      --
      Nostalgia's not what it used to be.
    2. Re:In addition to RIAA ... by xednieht · · Score: 1

      lol, erm that would be a service (or dis-service) hehe

      --

      Hope is the currency of fools
  16. The tag you are looking for by Anonymous Coward · · Score: 0

    I believe the tag you are looking for is: 'haha' with a possible side-serving of: 'arseholes' for good measure. :)

  17. Overhyped by MajinBlayze · · Score: 5, Insightful

    This seems a bit overhyped to me. Yes, I want the RIAA to go away, I want the RIAA to stop using brutal tactics, however, they do have the legal right to prosecute people illegally distributing their IP.

    Please note that this is specifically for those wrongfully accused. The best we can see from this is getting the RIAA to calm down (a good end no doubt).

    For those who are wondering, this will not be the death knell for DRM and the RIAA.
    -1 flamebait +1 UnfortunatelyTrue

    --
    "Hate is baggage. Life's too short to be pissed off all the time." Danny Vinyard -American History X
    1. Re:Overhyped by Opportunist · · Score: 4, Insightful

      They have the right to protect their IP. They do not have the right to harrass people left and right, peppering the population with lawsuits in a "sue them all, let the courts sort them out" way.

      This won't be the death for the RIAA, but it might be the end of their tactics of instilling fear and trying to give the impression that everyone's guilty and just they didn't get around to sue them yet.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    2. Re:Overhyped by sircastor · · Score: 2, Insightful

      I think, as you say though, this may be a death knell to the way the RIAA currently operates it's legal talons. If the RIAA gets slapped in court once or twice more for a big enough sum they may realize that they can't bully their way around the legal system so easily. This means that fewer people who are innocent will be accused/ have to deal with the grief and frustration of court against bullies.

      As for those who just want to download anything they want when they want, this is going to remain against the law. Breaking DRM is going to remain against the law. Frankly, your downloading music isn't helping the situation.

    3. Re:Overhyped by phoenixwade · · Score: 1

      Ultimately, I believe you are both right and wrong.

      Based on what I think I know about corporations, I suspect that following will occur:
            1. The suit will be awarded class action status
            2. The RIAA will not settle out of court, preferring to drag this out as long as possible, ultimately resulting in a RIAA loss.
            3. The result will be a huge dollar sum.
            4. The RIAA declare bankruptcy, goes down in flames... and
            5. The record companys will form a new association that is effectively another RIAA with a new name.

      Unless the record companys themselves are included in the class action, I see no real solution. The existing lawsuits are not the RIAA vs whoever, it's a specific record company. i.e. Atlantic vs Anderson. So the elimination of the RIAA solves nothing. It seems like the RIAA is doing (or heading up) all the dirty work, but it's the membership that is the actual problem. As has been pointed out a number of times before, the marketing here is amazing, even people who should know better (readers of slashdot, for example) buy into the "RIAA is the devil" mentality.

      With any luck, all the corporate members of the RIAA will be attached to this thing too, because then that huge judgement could actually be collected..... As it is, if the class goes through, and it's won, it'll never be paid. on a side note, it occurs to me that it might get settled (and the settlement covered by the big RC's) because of something I remember from a few weeks ago, if they get busted for RICO, that impacts the copyrights for every work that was a part of the RICO thing...... Ultimatly there might be a lot of work with the copyrights lost because of the bad tactics.... that'd be an interesting outcome.....

      --
      A positive attitude may not solve all your problems, but it will annoy enough people to make it worth the effort.
    4. Re:Overhyped by iceperson · · Score: 1

      It's a sad day when someone believes that corporations have the right to "prosecute" people and that gets modded as "insightful"...

    5. Re:Overhyped by Lord+Ender · · Score: 1

      They have the right to protect their IP. They do not have the right to harrass people left and right, peppering the population with lawsuits in a "sue them all, let the courts sort them out" way.
      If they police aren't enforcing the law, and you think "they do not have the right" to use the courts to enforce the law, how do you think the law should be enforced?
      --
      A slashdotter who didn't build his own computer is like a Jedi who didn't build his own lightsaber.
    6. Re:Overhyped by nsayer · · Score: 1

      Unless the record companys themselves are included in the class action, I see no real solution.

      Given the list of claims (particularly that RICO has been raised) and the nature of the RIAA, it seems to me quite possible that the court might be able to pierce the corporate veil of the RIAA and go after the assets of its owners/members. That would prevent steps 4 and 5 of your end-game.

    7. Re:Overhyped by Anonymous Coward · · Score: 0

      I also can see where an organization like the RIAA with its strong lobbying presence might also manage to inject a .5 step in between each of those that reads, 'Lobby for new law to protect us.' If they can continue to claim that they're the victim and are only protecting their intellectual property despite their quashing of fair use and incessant harassment through litigation threats they can both lobby that as the victim in all this that they need these new laws to protect themselves (everyone else be damned) and attempt to use this one-sided victim story for public relations like those MPAA anti-copying trailers we now have to live with on the DVD's we legally purchased with our own cash--but someone downloading the same movie without paying never sees. Diverting a bit--Why do I have to pay to watch a movie in a theater or on a purchased DVD and STILL watch commercials?

    8. Re:Overhyped by eric76 · · Score: 3, Insightful

      how do you think the law should be enforced?

      Perhaps a little research before filing the lawsuit would be useful.

      My suggestion for how to make the situation better is to require the plaintiff in any lawsuit to pay the attorney's fees of the defendant.

      If the plaintiff wins, then they could recover the fees they paid if the defendant had sufficient assets. If the defendant doesn't have the assets, then why is the plaintiff even suing him?

      If the plaintiff requests arbitration and the defendant refuses, then the defendant would pay his own attorney's fees. If the defendant requests arbitration the the plaintiff refuses, then the plaintiff would be barred from recovering any of the attorney's fees from the defendant.

      It would force the plaintiff to really do their homework before filing suit and to make a determination ahead of time about whether or not the lawsuit was justified. It would end the RIAA's practice of going after anyone and everyone without any knowledge about whether or not the defendant was the culprit.

    9. Re:Overhyped by JMLang · · Score: 1

      I don't think the GP is saying they shouldn't be able to use the courts, I think it's more about the way they go about it. For one thing, plaintiffs have an obligation to be reasonably certain that they have identified the right parties before filing suit, and to proceed appropriately when/if they learn that they have identified the wrong individual. In the case mentioned (as I understand it, IANAL), Ms. Andersen is alleging that they put minimal effort into ensuring they had identified the right defendant and that they pursued a case against a wrongly-accused individual long after learning that she was not guilty of the accused acts.

    10. Re:Overhyped by Volante3192 · · Score: 1

      If they police aren't enforcing the law, and you think "they do not have the right" to use the courts to enforce the law, how do you think the law should be enforced?

      Ahh, the vigilante argument. Someone resurrect the Earp brothers and Judge Roy Bean!

      On a serious note, I think you should re-examine your phrasing about using the courts. The RIAA and it's parts have every right to use the court system. The US Code gives them that ability.

      However, throughout this period, the RIAA have strongarmed their way through rather than properly using the legal system. If they took proper discovery measures, warrants, subpoenas, and followed the correct procedures, I'd wager there'd be much less backlash against them.

      The GP points out the RIAA is using blanket lawsuits and passing off the discovery process to other organizations, most likely in the name of time and cost. It's expensive to do a proper discovery. They'd have to file for warrants, subpoenas, through the court system. They're skipping all that.

      That's not how the justice system is supposed to work: the wheels should grind slow and methodically, to ensure that all steps are taken to protect the rights of both the plaintiff and the defendent. Take the SCO cases of late: they took YEARS when we all knew they'd end badly for SCO, but the reasoning is the more attention is paid to detail, the less grounds there are for appeal, and the less questionable the verdict will be.

      Kick enemy in balls, he will recover. Grind enemy into powder, he will not bother you again.

    11. Re:Overhyped by MajinBlayze · · Score: 1

      Agreed; "prosecute" was the wrong choice of words. Prosecute is what the legal system is there for. I meant along the lines of "file legal claims". Prosecution should be left up to the state.
      What I hate the most of the RIAA is that they tend to assume themselves as the prosecutor; that I made this typo is shameful.

      *leaves geek card on the table, walks out with head hung*

      --
      "Hate is baggage. Life's too short to be pissed off all the time." Danny Vinyard -American History X
    12. Re:Overhyped by kebes · · Score: 1

      If they police aren't enforcing the law, and you think "they do not have the right" to use the courts to enforce the law, how do you think the law should be enforced?
      Well, this is just my opinion, and I may be in the minority in thinking so... But if the only way to enforce a particular law is for a commercial group to sue indiscriminately yet selectively, and that numerous law-abiding citizens become harassed, fearful, or otherwise disrupted through such activity, then the law is a bad law, and attempts at enforcement should cease.

      Of course, my logic is predicated on a value judgment where personal freedoms and rights are very important (e.g. more important than corporate economic security). Others may have different values.
    13. Re:Overhyped by shalla · · Score: 1

      This seems a bit overhyped to me. Yes, I want the RIAA to go away, I want the RIAA to stop using brutal tactics, however, they do have the legal right to prosecute people illegally distributing their IP.

      Prosecute, yes. Persecute, no.

      Methinks the RIAA needs a good dictionary, because there are times they've crossed that line.

    14. Re:Overhyped by NewYorkCountryLawyer · · Score: 4, Interesting

      Well, this is just my opinion, and I may be in the minority in thinking so... But if the only way to enforce a particular law is for a commercial group to sue indiscriminately yet selectively, and that numerous law-abiding citizens become harassed, fearful, or otherwise disrupted through such activity, then the law is a bad law, and attempts at enforcement should cease. Well let me put your mind at rest.

      1. There are plenty of other ways to enforce copyright law.

      2. Ganging up, as they are doing, as a "commercial group", is copyright misuse, and some of their conduct is actionable as a violation of antitrust law.

      3. Normal copyright lawyers don't sue, they send cease and desist letters. And then they sue if they cannot get a cease and desist agreement, or if the defendant is a bad actor, but they don't routinely sue everyone who may have infringed a copyright and was not willing to pay thousands of dollars in extortion -- er, settlement -- money.

      4. No normal lawyer would ever sign off on a case as poorly and as illegally investigated as the RIAA cases.

      I.e., it's not the law that's bad, it's the RIAA law-breakers that are bad.
      --
      Ray Beckerman +5 Insightful
    15. Re:Overhyped by loners · · Score: 1

      And when you sue your former employer "Mega*Mart" you will have to pay for their legal defense team first.

      No, Thank you.

      Up front costs just ensures that only the rich can sue.

      Post judgment paying for the costs ensures that anyone can sue but you better be sure you can .

    16. Re:Overhyped by eric76 · · Score: 1

      Request arbitration.

      If they turn it down, they pay for their own attorney's fees.

      How about if each side pays their own, but if one side requests arbitration and the other refuses, the one who refuses pays for the attorneys fees for both sides?

    17. Re:Overhyped by phoenixwade · · Score: 1

      Unless the record companys themselves are included in the class action, I see no real solution.

      Given the list of claims (particularly that RICO has been raised) and the nature of the RIAA, it seems to me quite possible that the court might be able to pierce the corporate veil of the RIAA and go after the assets of its owners/members. That would prevent steps 4 and 5 of your end-game.

      That was one of the ways I had in the back of my head that the Controlling membership (the Big-4, as they are known) might be attached to this class action. From the article, they are specifically named as defendants too either way, I think the traditional recording industry is going to have a bit of a rough ride on this one, if class status is granted, that is.
      --
      A positive attitude may not solve all your problems, but it will annoy enough people to make it worth the effort.
    18. Re:Overhyped by xtracto · · Score: 1

      . And then they sue if they cannot get a cease and desist agreement, or if the defendant is a bad actor, but they don't routinely sue everyone who may have infringed a copyright and was not willing to pay thousands of dollars in extortion^H^H^H^H^H^H^H^H settlement -- money.

      Fixed. You know, you really should get used to the automobile examples and this sort of speak in order to be understood by the /. crowd. ;-)

      --
      Ubuntu is an African word meaning 'I can't configure Debian'
    19. Re:Overhyped by Adambomb · · Score: 1

      Welcome to Canada at that point =D

      Between that and the fact that amounts awarded when suing someone are determined by the courts, it's why we seem to enjoy a fairly decent level of judicial sanity up here.

      --
      Ice Cream has no bones.
    20. Re:Overhyped by huckda · · Score: 1

      they do have a right to prosecute people they can prove are illegally infringing on their copyright...
      but that's it...
      they have NO right to send out blind letters NOT specifying anyone...and with ZERO proof...like they have on many college campuses...of which a few have said...give US specific names/times/etc....or go buggar off.

      --
      "Just Smile and Nod." --Huck
    21. Re:Overhyped by Opportunist · · Score: 1

      For the n-th time, it's not the court's place to execute the law. The court's role in the trinity of power is that of the deciding body, the one that you present your evidence to and ask them for a verdict.

      They are quite allowed to use police to have the law executed, that's what they're here for. They may file charges, request police assistance (which will be granted if there is at least some reason for it), collect evidence, use it in court.

      If the police isn't enforcing the law, something is going wrong. But the police is not the tool of the content industry. They, too, have to uphold the law, and they have to operate within the limits the law imposes on them. They cannot be used to arbitrarily break into homes and seize computer equipment.

      I am not against the content industry's interests. They have the right to file suits against people who wronged them, just like I do. But it has to be in accordance with the law. When I get robbed by someone who looks "foreign", I can't simply drag every foreigner to court for the off chance that he might be it. I have to have some sort of reason to believe that the person I deem responsible for it actually is it, and I have to convince the police. Then I will get aid and they will arrest the person, they will maybe search his home, they will aid me in the attempt to get my rights.

      That's how it works. Rights don't only apply to you, they also apply to your adversary.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    22. Re:Overhyped by Paradise+Pete · · Score: 1
      I.e., it's not the law that's bad, it's the RIAA law-breakers that are bad.

      Well I think the law is bad, too, but I realize that an entirely different discussion. The way it is now, with its very long duration, seems designed more to protect products rather than promote the arts.

    23. Re:Overhyped by the+grace+of+R'hllor · · Score: 1
      3. Normal copyright lawyers don't sue, they send cease and desist letters. And then they sue if they cannot get a cease and desist agreement, or if the defendant is a bad actor, [...]

      <p>
      Well hot damn, check <a href="http://en.wikipedia.org/wiki/Category:Worst_ Actor_Razzie">this</a> out!
      (ba-dum-CHING. Sorry, had to state the obvious)
      <p>
      I'm going to assume, henceforth, that a bad actor is someone who looks at a cease and desist letter and says 'No'. Is the receiver of a cease and desist technically already a defendant? I thought that term only applied to someone who's been sued or charged with something?
    24. Re:Overhyped by the+grace+of+R'hllor · · Score: 1

      3. Normal copyright lawyers don't sue, they send cease and desist letters. And then they sue if they cannot get a cease and desist agreement, or if the defendant is a bad actor, [...]

      Well hot damn, check this out! (ba-dum-CHING. Sorry, had to state the obvious)

      I'm going to assume, henceforth, that a bad actor is someone who looks at a cease and desist letter and says 'No'. Is the receiver of a cease and desist technically already a defendant? I thought that term only applied to someone who's been sued or charged with something?

      (this time, appropriate HTML formatting chosen. *grmbl*

    25. Re:Overhyped by NewYorkCountryLawyer · · Score: 1

      By "bad actor" I meant a person with deliberate and pernicious behavior, as, e.g., a person pirating large numbers of exact copies to sell for commercial purposes, or a competitor deliberately trying to rip off the copyright holder.

      --
      Ray Beckerman +5 Insightful
  18. About Time! by torkus · · Score: 1, Insightful

    Oh. My. God. Finally!

    Seriously, isn't our country 'By the people for the people'. If the VAST MAJORITY have issues with a law or set or laws or the behavior of a corporate entity in relation to the laws...maybe it's time to rethink those laws or the interpretation of them. Eh?

    I hope this goes well, and I hope everyone that was terrorized and blackmailed but the MAFIAA gets a sweet judgement.

    Someone wrote in a different forum that the MAFIAA needs to change their business model with cope with the times. Someone replied and asked the first person to suggest a business model and implied that the MAFIAA deserve to be in business and have a 'right' to preserve their business model. Hopefully the people here are smart enough to understand that there is nothing that guarantees you or your corporation the right to a sucessful commercial venture. Hell, maybe I should sue every resident of manhatten because my street meat cart didn't make money and i went out of business, right? Or maybe i should sue NYC to force people to eat at vendor cards once weekly? LOL...

    --
    You can get rich if you own a politician, but you have to be rich to buy one in the first place.
    1. Re:About Time! by Anonymous Coward · · Score: 0

      The people are supposed to be able to bring about change. Unfortunately the politicians have successfully brought our system to a one party system. You can either vote for the party (Democrats)that will support big business and corporate interests, or you can vote for the party (Republicans) that support large corporations and the their business interests. Although I post this sarcastically it rings all too true for me. I guess you could vote for a third party (green?) and be the problem. Anyone who voted for Nader is now directly responsible for the Bush Presidency.

    2. Re:About Time! by RexRhino · · Score: 1

      Anyone who voted for Nader is now directly responsible for the Bush Presidency. Anyone who voted Democratic is directly responsible for the Bush presidency. Wake up! There is only one party!
    3. Re:About Time! by shark72 · · Score: 1

      "Someone wrote in a different forum that the MAFIAA needs to change their business model with cope with the times. Someone replied and asked the first person to suggest a business model and implied that the MAFIAA deserve to be in business and have a 'right' to preserve their business model."

      Bullshit. Post a link.

      "Hopefully the people here are smart enough to understand that there is nothing that guarantees you or your corporation the right to a sucessful commercial venture."

      I've seen this straw man repeated far too many times. Nobody in their right mind would make this claim, but nonetheless, this is how file sharing advocates have spun it innumerable times:

      Musician: "umm, guys, it's not too cool to pirate my music if I don't want you to."

      Slashdotter: "Fuck you and your greedy ilk. You have no right to make a profit!"

      Musician: "uh... that's not what I was saying..."

      So, you're right: we all understand that nobody has a right to profit, or any sort of guarantee that their business will succeed. I presume that we also understand that you don't have a right to piracy, either.

      --
      Sitting in my day care, the art is decopainted.
    4. Re:About Time! by Anonymous Coward · · Score: 0
      *sigh* you crazy kids today... I remember when I was so optimistic about the future. Of course, that was before Reagan stomped on my taped up rose colored glasses..

      Seriously, isn't our country 'By the people for the people'. If the VAST MAJORITY have issues with a law or set or laws or the behavior of a corporate entity in relation to the laws...maybe it's time to rethink those laws or the interpretation of them. Eh?

      It's now a country of "by the multinational corporations FOR the MNCs."

      In 1978 we were this far from utopia. The only bad spot was the horrible economy and high gasoline prices, but the Vietnam war was over for many a year; Congress had decreed that cassette taping records was legal after the RIAA had sworn a mighty oath that they would die if taping was legal; marijuana was going to be legalized "any day now" because there were maybe thirty people in the whole US that didn't smoke it and actually gave a shit.

      Fast forward to the science-fiction future, where we're at war with Iraq, the RIAA is suing people for the same thing as swapping cassettes, and the "war on some drugs" has marijuana use not only against the law, despite the fact that a majority of people in 1978 either wanted it legalized or didn't care, but most jobs (especially the ones that nobody but a doper would apply for) have drug testing to see if you've smoked a joint in the last month. NOT if you are intoxicated on the job, but merely used it in the last month.

      -mcgrew

      PS- Get off my lawn. And no, you can't have your ball back.

      PPS- from my screed about being "Three-eyes":

      What a shitty century. My country was attacked; my President was a fucking moron hell-bent on making gasoline ten dollars a gallon and to hell with the country; my beloved uncle and grandmother died (not in the attack. My uncle died of lung cancer 25 years after he stopped smoking, and my grandmother fell and broke her hip at age 99); my wife left me and my teenaged daughters for another man; all of what they (not I) called "rock and roll" sucked ass; the record companies were suing their customers; the Democrats and Republicans seemed to become two arms of the same facist party; they passed the "Patriot" Act (which should have been called the "Cowardly Government Is Scared Shitless Act"), the DMCA and the Bono act; without my ex-wife's added income my van was repossessed and my house forclosed, and I declared bankrupcy. And I got another God damned eye infection!
      I then went on to note an invention released in 2003 that was nothing short of a miricle... but kids, so far THIS CENTURY SUCKS. Mostly anyway.
    5. Re:About Time! by torkus · · Score: 1

      "Bullshit. Post a link."

      If i had time or cared. If you truly believe that comment was so uniquie no one could ever have said it...well i guess you know everything about everything.

      "So, you're right: we all understand that nobody has a right to profit, or any sort of guarantee that their business will succeed. I presume that we also understand that you don't have a right to piracy, either."

      I don't recall ever saying we had a right to pirate anything. I just don't believe a copmany should be allowed to create and then subsequently twist laws to suit their purpose to the detriment of the majority. Let them learn how to adapt. If they can't handle the world as it is...close up shop and go home. I guarantee someone will gladly fill the void they leave. Hell, with 25k in computer audio equipment and a one-time cost of a sound booth you can reproduce audio easily equal to most CDs onthe market.

      --
      You can get rich if you own a politician, but you have to be rich to buy one in the first place.
    6. Re:About Time! by microbee · · Score: 1
      Seriously, isn't our country 'By the people for the people'. If the VAST MAJORITY have issues with a law or set or laws or the behavior of a corporate entity in relation to the laws...maybe it's time to rethink those laws or the interpretation of them. Eh?

      Maybe it's the time to rethink about voting decisions and sending whom to the office...oh, never mind.

    7. Re:About Time! by torkus · · Score: 1

      Hey, I'll start voting when the popular vote matters. When politicians ignore major states because it's a guaranteed win and instead fight to the death over (no offense) stupid states like ohio i've no interest in voting.

      As for local reps, well find me a single one you'd trust to borrow lunch money and return it.

      --
      You can get rich if you own a politician, but you have to be rich to buy one in the first place.
    8. Re:About Time! by X0563511 · · Score: 1
      Except that it's more like this:

      Recording Executive: Give me my $20! $4.95 of that is for production costs and only $0.05 is going to the musicians, but that doesn't matter! Never mind that I didn't actually do anything!

      Slashdotter: Fuck off greedy bastards!

      Executive: Waaah! Our 75% profit margin is dropping! I might have to do something to make money! (cries)


      Correct, "piracy" is not right. But the rampant ripping off of the RIAA and other such companies/organizations is more so.

      I put piracy in quotes as it is not really piracy. Piracy would be downloading songs, burning to disk, and selling for more than the medium cost - for example out of a car trunk.

      Downloading music to put on your MP3 player for personal use is copyright violation, but is not piracy. Allowing others to download from you for free is copyright violation (unauthorized distribution) but is not piracy.
      --
      For large sets, this will be our guide even unto death, for the LORD will work for each type of data it is applied to...
    9. Re:About Time! by NewYorkCountryLawyer · · Score: 2, Informative

      Correct, "piracy" is not right. But the rampant ripping off of the RIAA and other such companies/organizations is more so. I put piracy in quotes as it is not really piracy. Piracy would be downloading songs, burning to disk, and selling for more than the medium cost - for example out of a car trunk. Downloading music to put on your MP3 player for personal use is copyright violation, but is not piracy. Allowing others to download from you for free is copyright violation (unauthorized distribution) but is not piracy. Thank you for bringing to people's attention the meaning of the term 'copyright piracy'; the RIAA has been deliberately trying to distort the meaning of the term by suggesting that every act of copyright infringement is an act of 'copyright piracy', while in fact the term has a well known meaning among copyright lawyers, which is wholly inapplicable to any of the RIAA's cases against consumers.

      I would just like to clarify, however, that simply "Allowing others to download from you for free" would not necessarily be an "unauthorized distribution" under the Copyright Act, the elements of which are spelled out in 17 USC 106(3). To qualify as a Copyright Act "distribution" there must be
      (I) dissemination of
      (II) actual copies
      (III) to the public
      (IV) by sale or other transfer of ownership, or by rental, lease, or lending.
      See reply memorandum of law in Warner v. Cassin (pdf), especially pages 3-4, and initial memorandum of law (pdf), especially pages 3-6.
      --
      Ray Beckerman +5 Insightful
  19. keeping politicians and justice system in pocket by sp3000 · · Score: 1

    ... don't know whether Confucius said it or not ... but ...
    ... one, who keeps politicians and justice system in pocket, will always have the last laugh ...

  20. Tor like oatmeals! by Anonymous Coward · · Score: 0

    Tor like oatmeals!

  21. Re: Class Action Initiated Against RIAA by arootbeer · · Score: 1

    Poll: Joke or shill?

  22. I disagree. by Anonymous Coward · · Score: 1, Funny

    I am very proud of the RIAA. They have proven that some people still actually care about protecting intellectual property (copyrights in this case). I have written many articles supporting the RIAA and encouraging students to purchase music. None of the high school students or college students think critically about their downloading of music illegally. These same students fail to understand why grammar and strong arithmetic skills are important. It seems being a scofflaw goes wih lack of academic excellence. Maybe people who fail to understand the ethical implications of their copyright violations have poor critical thinking skills. Unauthorized copying (downloading) of music really does hurt the record labels and the artists. Most of them don't have any talent, except for Madonna. Even unauthorized copying of the other artists is as bad as stealing from a thrift store. It is trash, but it is still wrong. It is not as tangible as theft of physical items, but it is still illegal and ethically wrong. The RIAA has always worked to advance the quality of music. For example, the RIAA helped establish standards for record cutting so that everyone could enjoy the music. The RIAA knows that unauthorized copying of music is significantly affecting the revenues of the record labels it represents. Unfortunately, it is going to be very hard to stop the mass unauthorized copying with lawsuits and digital rights management due to the nature of computers and people who are ethically challanged. Hardware solutions will likely reduce the amount of unauthorized copying, but it is difficult to secure anything from someone with physical access to the computer. It is really sad to see society so blatantly breaking the law without any care about the ramifications.

    1. Re:I disagree. by Pojut · · Score: 1, Funny
      Wall of text crits you for 9,999 damage.

      These same students fail to understand why grammar and strong arithmetic skills are important.
      Apparently, so do you.
    2. Re:I disagree. by Anonymous Coward · · Score: 0

      Huh?

    3. Re:I disagree. by thePowerOfGrayskull · · Score: 3, Insightful

      Wall of text crits you for 9,999 damage.

      These same students fail to understand why grammar and strong arithmetic skills are important.
      Apparently, so do you. Erm, what? You're not one of the foolish people who believe that the correct spelling is "grammer" are you?
    4. Re:I disagree. by Pojut · · Score: 1

      Nope. Just a bored cubicle dweller 8D

    5. Re:I disagree. by mini+me · · Score: 5, Insightful

      It is really sad to see society so blatantly breaking the law without any care about the ramifications.


      If society as a whole continually and blatantly breaks a law, the law is unjust. The ramifications are not to be taken into consideration, society has already spoken and are willing to accept the consequences of their actions. What is really sad are the people who are trying to hold on to the last grasp of something that society is not willing to accept any longer.
    6. Re:I disagree. by dmpyron · · Score: 2, Insightful

      Well it seems that the RIAA has itself been blatantly breaking the law, in junction with its hit man Media Sentry. Breaking into people's computers, for whatever reason, is illegal. Claiming to be a grandmother to get a little girl to talk to you is illegal. If they're going to try to claim the moral high ground, they should first try standing there. Don't question someone else's ethics until you've question your own. I own every recording in my possession.

      And as long as you're an Anonymous Coward, you're still a coward. You know who I am.

    7. Re:I disagree. by TristanGrimaux · · Score: 5, Interesting

      I have points to mod you up, because your comment is certainly not flamebait... but then I could not reply to you and I think it is important to tell you how wrong you are.

      First of all, RIAA does not care about IP, they care about distribution rights. They do not care about the artists as their contracts are always shady and a scam. The problem with RIAA is that their business model does not fit in this new era and they are trying to criminalize everyone of us.

      But not content with that, they are suing common people to spread fear. They think everyone in the Internet is a burglar and that they have the right to do ANYTHING to stop us from stealing them. So as the old Sony rootkit did, they can mess with your computer and erase any file in it without a court order as they tried to with the patriotic act of GWB. Their acts of hate escalates so high they are trying to force us to use special devices or DRM so we loose the right to hear a purchased song after a while, or after a number of times we have heard it. Or to restrict us to listen a song we have paid for, only on one device.

      Law is made in the interest of society. Society makes the law, not the RIAA. And the RIAA will face the people and this is going to hurt. Oh Yeah!

    8. Re:I disagree. by wprowe · · Score: 3, Insightful

      I own every recording in my possession. No you don't, unless you wrote it. You purchased a license from the copyright owner to have a copy in your possession for personal use. The song writer, musician, or record label "owns" the recording.
    9. Re:I disagree. by Raistlin77 · · Score: 1

      So what you're saying is if society as a whole broke the speed limits, then laws against speeding would be unjust?

    10. Re:I disagree. by Anonymous Coward · · Score: 0

      I am a coward because I don't care enough about Slashdot to have an account. You are correct. The RIAA has done some things that are wrong and illegal. However, I am annoyed by people using this to justify their breaking of copyright law. Both are wrong. The RIAA needs to come up with more effective and legal tactics to reduce violation of their copyrights. A hardware solution might work better than their lawsuits. It would likely stop the casual violators. I am still proud of the RIAA for their effort. Someone above argued that if society doesn't support the protection of intellectual property (such as copyrights), then the law shouldn't protect the IP. This is why a "mob rule" democracy type of government doesn't work. Most people aren't ethically capable of having a legislative, executive, or judicial position.
      Thomas Jefferson was quoted "A democracy is nothing more than mob rule, where fifty-one percent of the people may take away the rights of the other forty-nine." This is why the Western world uses representative democracies. This way, ideally, those elected will protect the rights of individuals and entities. Just because most of society doesn't care about IP, it doesn't mean it shouldn't be protected.

    11. Re:I disagree. by PitaBred · · Score: 4, Insightful

      Perhaps it would be more of an indication that the speed limits were set wrong. Either way, if the speed limit is 45 and everyone is going 75, there's a problem there. People don't often go faster than they feel safe going (cf. the imbecile who flies past me on the straightaway and then slows down over 20mph from his previous speed on a gentle curve), and if there's no increase in the number of accidents, the speed limit is quite obviously set wrong. Whether it's a means to generate revenue via tickets, an incompetent traffic engineer, whatever, it's still wrong.

    12. Re:I disagree. by mini+me · · Score: 2, Insightful

      Absolutely. If society says speeding is okay, what is the point of the law?

    13. Re:I disagree. by Anonymous Coward · · Score: 1, Insightful

      Don't mode this guy down, mod him funny! He had me believing he was serious until:

      1) No one has any talent except Madonna

      2) "The RIAA has always worked to advance the quality of music."

      Okay, it wasn't that funny, but it was a pretty good imitation of a complete git.

    14. Re:I disagree. by Lord+Pillage · · Score: 1

      ...I am annoyed by people using this to justify their breaking of copyright law.

      Breaking something that's already broken is simply doing justice to said broken object. That's why electronics stores bust defective electronics with a bat when they're returned.

      I am still proud of the RIAA for their effort.

      Being proud of a faceless organization is misplaced (unless of course you started/took part in the development of the organization.)

      --
      try { Signature mysig = new CleverAttempt(); } catch(NonCleverSignatureException e) { postanyway(); }
    15. Re:I disagree. by MissingIntellect · · Score: 0

      I am a coward because I don't care enough about Slashdot to have an account.
      Wait, you don't care, so why are you here posting at all?
    16. Re:I disagree. by Anonymous Coward · · Score: 0

      People don't often go faster than they feel safe going...

      Except that most people often go faster than they safely should; whether or not they "feel safe" has absolutely nothing to do with protecting the safety of everyone else around them.
    17. Re:I disagree. by dave562 · · Score: 0, Troll

      But think of all those children strapped into their safety seats in the back of mom's minivan!!

    18. Re:I disagree. by shmlco · · Score: 2, Insightful

      When you can obtain something of value immediately, with little to no chance of being caught and punished, then it just means the potential reward dramatically outweighs the potential risk.

      It's why people don't steal albums from the store. It's not that it's more ethical or moral not to do so, it's that with guards and cameras and security devices your chances of being caught and thrown in jail are much, much higher. Not worth the risk.

      And you can't tell me that plenty of people wouldn't do it if they could, as the fact that all of those security measures exist argues otherwise. If they weren't needed, businesses wouldn't pay for them. As such, people are not "accepting the consequences of their actions", because at their level they perceive that there ARE no consequences.

      Finally, "society as a whole" doesn't continually and blatantly break the law. Because if "society as a whole" did so I doubt Apple would have sold 3 billion-plus songs out of their online store.

      What's really sad, IMHO, are all of the people who think they're automatically entitled to whatever they want, whenever they want it...

      --
      Any sect, cult, or religion will legislate its creed into law if it acquires the political power to do so.
    19. Re:I disagree. by hedwards · · Score: 1

      But not content with that, they are suing common people to spread fear. They think everyone in the Internet is a burglar and that they have the right to do ANYTHING to stop us from stealing them. So as the old Sony rootkit did, they can mess with your computer and erase any file in it without a court order as they tried to with the patriotic act of GWB. Their acts of hate escalates so high they are trying to force us to use special devices or DRM so we loose the right to hear a purchased song after a while, or after a number of times we have heard it. Or to restrict us to listen a song we have paid for, only on one device. Kind of funny with all the effort that they have taken to keep people from stealing, and it just costs them sales. I used to buy a much larger number of CDs back when I could download things off of napster for free. During that year or so I purchased more albums than I have since.

      Where I get kind of lost is trying to figure out why it is such a bad thing when people such as myself purchase albums in higher volume after having "stolen" the same songs on said discs. I suspect the real concern is that the music isn't of sufficient value for people to pay for after they have lifted it for free over the internet.

      The assertion that people make that this is new or that it is crippling their business is complete BS. I happen to remember before the internet made the distribution of copyrighted materials without a license easy, and it was much more prevalent than it is today.

      If it really was a serious problem, perhaps they should have properly remedied this 30 years ago, and just been done with it.
    20. Re:I disagree. by NMerriam · · Score: 1

      So what you're saying is if society as a whole broke the speed limits, then laws against speeding would be unjust?


      Is this reply part of the reading comprehension program of an ESL course?
      --
      Recursive: Adj. See Recursive.
    21. Re:I disagree. by PitaBred · · Score: 2, Informative

      People aren't COMPLETELY retarded. Only mostly. If there's an increase in accidents, people will slow down. And the solution is to put a speed limit NEAR what people are going through the area at. If people are going 50 past a school zone, yeah, that's an issue. But if it's a limited-access highway and everyone is going 75 even though the speed limit is 45? That's just poor design or greed. If you're concerned about safety, set the speed limit there up from 45 to 60 or 65. That way people will have a reasonable top speed they'll want to go, you'll keep people slightly slower overall, and everyone is happy. Commuters get where they're going faster, and ambulances still have very few people to scrape off the retaining walls.

    22. Re:I disagree. by TristanGrimaux · · Score: 3, Insightful

      The problem with the record industry is they do not understand how to make profit in the Internet (they should read Slashdot ;-). They are lost at sea and they want us to be a hostage to be milked until they figure out a way to get more money.

    23. Re:I disagree. by mombodog · · Score: 1

      Could not have said it better, thank you!

    24. Re:I disagree. by mini+me · · Score: 1

      It's why people don't steal albums from the store

      Most people don't steal albums from the store for fear of reprisal from society. The added security measures are no more than physical DRM. If society accepted theft as normal, crime rates would be through the roof.

      there ARE no consequences.

      If eliminating copyright has absolutely no consequence on society, why on earth do we still have it? We both know there would be consequences. How severe those consequences would be is up for debate.

      Finally, "society as a whole" doesn't continually and blatantly break the law.

      Agreed. I wasn't the one who claimed that society does condone copyright infringement. I only perpetuated that thought from the OP.
    25. Re:I disagree. by BillOfThePecosKind · · Score: 1
      I can certainly see how you can be proud of someone standing up for the system in place, we need people like this because there are plenty of people trying to steer us down the wrong path. However, in the case of recorded music, I believe it's obvious to see that times have changed. It appears that hard-copies of media is becoming obsolete and because of the internet I think there could be a profitable and well founded system that would make everyone happy.

      I also believe that CD prices are outrageous, there's no way that one CD should cost 15-20 dollars. If you don't believe me why do you think Apple can get away with selling a song for 99 cents and sometimes less? I still think that much for a song is crazy but its a step in the right direction. As much as I enjoy watching Cribs or some other show that displays the wealth of some performers it still pisses me off to think that they can make that much money.

      Back to the standing up for the system thing. Like I said, I think it's good that people stand up for the system in place, but when they do it illegally and act like a damn mafia, that's when it becomes shameful to think that people in this country can get away with it all because they have a little money (or a lot in this case).

    26. Re:I disagree. by Daengbo · · Score: 1

      If you want to know what a society without copyright would look like, you should look at the countries where piract is rampant (95%+), like Thailand or China (off the top of my head). Do these countries still produce music and movies? They do, but I'm not sure how well they'd compete with the products of equally wealthy countries who value copyright.

      Oh, and Ong Bak is one of the greatest martial arts movies ever made.

    27. Re:I disagree. by VisceralLogic · · Score: 1

      Wall of text crits you for 9,999 damage.

      These same students fail to understand why grammar and strong arithmetic skills are important.
      Apparently, so do you. Apparently, so do the mods.
      --
      Stop! Dremel time!
    28. Re:I disagree. by ScrewMaster · · Score: 1

      Most of them don't have any talent, except for Madonna.

      At first, I thought this A.C. was being serious ... then I read that.

      --
      The higher the technology, the sharper that two-edged sword.
    29. Re:I disagree. by Maestro4k · · Score: 3, Informative

      People aren't COMPLETELY retarded. Only mostly. If there's an increase in accidents, people will slow down. And the solution is to put a speed limit NEAR what people are going through the area at.

      In fact this is how speed limits are supposed to be determined, it's called the 85th percentile speed, the speed at or below which 85% of traffic moves. There's a good article here explaining how it works. One pertinent quote is this one:

      Contrary to popular belief, lower speed limits do not necessarily improve safety. The more uniform the speeds of vehicles in a traffic stream, the less chance there is for conflict or crashes. Posting speed limits lower or higher than what the majority of drivers are traveling produces two distinct groups of drivers: 1) those attempting to observe the speed limit and 2) those driving at speeds they feel are reasonable and prudent. These differences can result in increased crashes due to tailgating, improper passing, and reckless driving.

      So deliberately posting a speed limit below the 85th percentile speed is not only greedy, it's likely to get more people killed as well. The only benefit is to allow more tickets to be written. Personally I'd prefer to see less people wreck.

      Laws on speed limits are modeled after this, and should be nearly the same in all states in the US. As someone pointed out on Slashdot before (which is where I learned all this), you can often get out of a speeding ticket by asking if a traffic survey has been done recently on the road in question. (These have to be done every so many years to ensure the speed limit is still at the 85th percentile speed, it can change over time.) If one hasn't been done in the required time the speed limit's not valid as far as enforcement goes, and if the speed posted doesn't agree with the survey you're also likely to have your ticket dismissed. I've never tried this myself (I try not to speed nowadays myself) and it'll probably vary somewhat depending on where you're located and also on the judge you deal with, but speed limits are supposed to make sense so that only the truly dangerous drivers are breaking them. If everyone's speeding then it's definitely not the 85th percentile speed.

    30. Re:I disagree. by redb · · Score: 1

      I would be happy to show you my deans list letter as well as my rather impressive collection of music files. P.S. If I cared about the RIAA I wouldnt download the shit they call music.

    31. Re:I disagree. by mini+me · · Score: 1

      But the laws exist to maintain the expectations of a society. If there are laws that are in direct contrast to the view of the society, what is the point of the law? You must remember that if a percentage of the population speeding, it does not mean that society itself speeds, so to speak.

    32. Re:I disagree. by Gr8Apes · · Score: 1

      You are incorrect. I own the recording in my possession. I do not own the copyright to it. There's a large difference between those two positions that the RIAA and its ilk have been working overtime to remove.

      --
      The cesspool just got a check and balance.
    33. Re:I disagree. by cycle003 · · Score: 1
      At one time or another, I'm sure that the RIAA has done good deeds and even bolstered some artists' careers, but the modern-day RIAA epitomizes the self-serving, greedy corporate monsters that it represents. They have negotiated unreasonably exorbitant royalties including royalties for blank recording media that may not even contain music. The artists usually get a disproportionately small cut of those royalties, which are (or at least appear to be) allotted to overpaid executives, armies of lawyers, and other self-serving corporate interests.


      I don't condone the 'theft' of intellectual property, but I definitely can't feel sorry for the corporate dinosaurs who only pretend to care about the artists. I truly believe that the RIAA would better serve its members by using the money they spend fighting unauthorized music downloads to instead develop better business models. The typical music down-loader is willing to spend money on entertainment and isn't just trying to cheat the recording company.

      The RIAA needs to wake-up to the digital age!

    34. Re:I disagree. by kaizokuace · · Score: 1

      dont forget generating revenue for the whole automobile repair industry! You gotta get cars to break to make money!

      --
      Balderdash!
    35. Re:I disagree. by InvalidError · · Score: 1

      Setting speed limits based on safety alone is a tricky business. In my area, there are many highway stretches with 70km/h speed limits (instead of the usual 100) where almost everyone does 100-120km/h during summer but 50-60km/h in typical winter weather or even down to 30km/h in heavy rain/snow... the safe/typical speeds vary a lot between seasons, weather and road conditions.

      Since safe speeds depend on so many factors, many areas (particularly those with wildly variable conditions) could benefit significantly from having dynamic limits. But for now, most limits are set to what is generally considered safe given the particular mix of regularly occurring or expected environmental degradations in the region, usually weighted towards the worst cases.

      The other hazard from over-speeding is that it may distract or confuse other drivers - I am personally far more worried about induced indecision than speed... and somewhat ironically, the most confusing situations I have been through involved under-speeding vehicle(s).

    36. Re:I disagree. by Anonymous Coward · · Score: 0

      Errrr, spelling is not grammar.  Look more closely.

    37. Re:I disagree. by Sj0 · · Score: 1

      Technically, I'd say that the copyright industry has stolen far more content from the public domain through their lobbying efforts to make copyright perpetual than a bunch of kids ever did downloading the latest crappy albums.

      But I'm sort of a deviation from the norm. I think the good of the many outweighs the good of the few, so when the copyright industry uses unethical tactics to turn their "limited time" monopoly into a perpetual one, thus stealing 70 years of public domain material from the public, I sort of stop caring about their pleas to stop stealing.

      --
      It's been a long time.
    38. Re:I disagree. by Anonymous Coward · · Score: 0

      Just a bored cubicle dweller 8D

      Or, more accurately, just another dumbshit slashtard.

    39. Re:I disagree. by vacuum_tuber · · Score: 1

      So what you're saying is if society as a whole broke the speed limits, then laws against speeding would be unjust?

      Except when politicians meddle, the standard engineering approach to setting speed limits is to actually measure the speeds at which people drive on particular sections of road and then apply a standard forumula to derive what the posted speed limit should be.

      So yes, society tends to set the speed limits by how people drive.

      And ultimately, that aside, no law can be enforced which is considered unjust by a significant portion of society. If nothing else, the way the mathematics of the 12-person jury work, about 5% of the population can prevent convictions in about 50% of cases. Long before the government loses 50% of a given type of case, they will find an excuse to take the law off the books. The Runaway Slave Act and Prohibition both fell to growing reluctance of juries to convict.

      --
      Look at the bright side: there's always seppuku.
    40. Re:I disagree. by hawkinspeter · · Score: 1

      I don't see how copyright infringement is breaking the law. What law has been broken? All the RIAA lawsuits are civil cases, not criminal cases.

      --
      You're a temporary arrangement of matter sliding towards oblivion in a cold, uncaring universe
    41. Re:I disagree. by hawkinspeter · · Score: 1

      When comparing stealing from a store with copying music, there's important differences. Stealing from a store is a criminal act and directly deprives the store of the physical media. Copying music is not a criminal act and doesn't deprive anyone of the physical media. Also, it's a basic human desire to share something good with other people. It's partly how society develops - the sharing of knowledge. I can understand the uses of a reasonable copyright term, but the current copyright terms are ridiculous (i.e. way beyond the life of the artist).

      --
      You're a temporary arrangement of matter sliding towards oblivion in a cold, uncaring universe
    42. Re:I disagree. by hawkinspeter · · Score: 1

      I was being deadly serious. Madonna is quite simply the best artist in the world (including all other art-forms both past and present). She is also the mother of Christ and a superb footballer. No-one compares to her.

      --
      You're a temporary arrangement of matter sliding towards oblivion in a cold, uncaring universe
    43. Re:I disagree. by jesser · · Score: 1

      They are lost at sea and they want us to be a hostage to be milked until they figure out a way to get more money.

      While trying to untangle your ball of metaphors, I found that the maze had no exits.

      --
      The shareholder is always right.
    44. Re:I disagree. by CopaceticOpus · · Score: 1

      Your sentance needs a comma.

      You're not one of the foolish people who believe that the correct spelling is "grammer," are you?

    45. Re:I disagree. by CopaceticOpus · · Score: 1

      That's a great notion. I wonder how many people have actually gotten out of a ticket with that defense?

      I travel to Chicago occasionally, and the interstate speed limit drops from 65 to 55 as I approach the city. However, traffic actually speeds up. The 85 percentile seems to be about 15-20 over. At that speed I still get passed by several cars.

      The trouble is that if the speed limit was raised to 70, many people would take that as a reason to go even faster. Personally, I know that there is a big jump in penalty at 20 over, so I'll often just try to go about 15-18 over. I wouldn't speed that much if I didn't think it was reasonably safe, but I think even 75 is probably too slow.

    46. Re:I disagree. by SomeoneGotMyNick · · Score: 1

      I never knew about the traffic surveys. However, I see the surveys being skewed. Around my area, they park these little trailers with a speed limit sign on them and large numbers that show your current speed. I suppose the trailer could be logging average traffic speeds. But with a posted sign and flashing speed warning, most people will slow down from their "favorite" speed and bring the actual posted speed more in line.

      People also recognize those rubber straps that go across the road and slow down before running over them, too.

    47. Re:I disagree. by Angelyne · · Score: 1

      I'd mod you up if I could. Hilarious reply.

    48. Re:I disagree. by thePowerOfGrayskull · · Score: 1

      Your sentance needs a comma. The comma there is optional, depending on the desired emphasis. On the other hand, correct spelling of the word sentence is not optional. Shall we play some more?
    49. Re:I disagree. by thePowerOfGrayskull · · Score: 1

      Errrr, spelling is not grammar. Look more closely. Read it again and pay closer attention to the full exchange this time. You'll see that I made no claim of grammar having anything to do with spelling.
    50. Re:I disagree. by thePowerOfGrayskull · · Score: 1

      Wall of text crits you for 9,999 damage.

      These same students fail to understand why grammar and strong arithmetic skills are important.
      Apparently, so do you. Erm, what? You're not one of the foolish people who believe that the correct spelling is "grammer" are you?

      Damnit. I'm such a loser. My only consolidation is that nobody else spotted this (or at least, nobody else commented on it) before I did:

      You're not one of the foolish people who believes that the correct spelling is "grammer" are you?

    51. Re:I disagree. by thePowerOfGrayskull · · Score: 1

      Heh, fair enough.

    52. Re:I disagree. by CopaceticOpus · · Score: 1

      The comma there is optional, depending on the desired emphasis.


      The comma was as much required in your previous statement as it is misplaced in this statement. Having corrected your commas twice now, perhaps this discussion can be concluded?
    53. Re:I disagree. by thePowerOfGrayskull · · Score: 1

      It's good to see that you're conveniently ignoring your glaringly obvious spelling mistake. Since you have yet to provide a valid correction of your own, there's no further pleasure to be held in this conversation. We'll end it here.

    54. Re:I disagree. by CopaceticOpus · · Score: 1

      I did make a glaringly obvious spelling error, but it was no mistake. I thought that making a blatant spelling error while correcting a minor comma placement issue was rather funny. I wanted to get into the fun since someone had already made a humorous misspelling of "grammar" as "grammer." (That was funny whether or not it was intentional.)

      I tried to give away my shtick by placing a dangling modifier in my previous comment. However, I don't think you noticed it, so it was to know a vale.

    55. Re:I disagree. by thePowerOfGrayskull · · Score: 1
      Aw, c'mon. That last didn't even hold merit as a bad pun.

      Having corrected your commas twice now, perhaps this discussion can be concluded? Well damnit, now that you point it out... I plead 4:00am bleariness.
  23. Trivial Compared To A Criminal by Anonymous Coward · · Score: 0

    prosecution against Lies, Incorporated*

    * the title of a Philip K. Dick novel.

    Constitutionally As Always,
    Kilgore Trout, M.D.

  24. These are a few of my favorite things by WillAffleckUW · · Score: 2, Insightful

    "sues for negligence, fraud, negligent misrepresentation, federal and state RICO, abuse of process, malicious prosecution, intentional infliction of emotional distress, violation of the Computer Fraud and Abuse Act, trespass, invasion of privacy, libel and slander, deceptive business practices, misuse of copyright law, and civil conspiracy."

    Every time they sue a student who had someone jack his wireless connection in the dorms - I'll be there.

    Every time they sue a university for students downloading songs they properly were researching for a thesis paper - I'll be there.

    Every time they pretend to be agents of the FBI to get in your door without a warrant - I'll be there.

    Every time they act as if 90 percent of the wireless access points on my street can't be used by everyone at the two coffee shops and three bars at the end of my street - I'll be there.

    Because, let's face it, RIAA is just a plot by the middlemen who are upset that most consumers now buy their music DIRECT from the musicians and cut them out of the loop - so that the band gets $5 of the $10 that I pay them for their CD instead of $0.01 of the $12 that they would get if I bought the CD at anything other than any independent music store (the latter give them about $1 to $2).

    --
    -- Tigger warning: This post may contain tiggers! --
  25. Extending the clIass action scope by pigphish · · Score: 1

    I would love to see a class action to get back money for DVDs that didnt work in my player because of their protection i have to assume. I just bought the 300 and it wouldnt work on an older DVD player. im sure less legal copies would have no problem. On another note, i would love to see a class action challenging some of the fair use rights we lost with DMCA. I am of the view that i shouldn't be penalized because someone is copying illicitly. i believe the aclu was pursuing this. did anything become of it?

  26. RIAA - Now is your chance by johkir · · Score: 1

    The RIAA better take a look at amnesty now, before it costs them too much!

    --
    These are some of the things molecules do...... given 4 billion years -Carl Sagan
  27. I just creamed my pants by danZbar · · Score: 2, Funny

    "Class Action...RIAA." YES, YES, YES, OH GOD... I will never wash these pants again.

  28. He who lives by the sword... by kranberry · · Score: 1

    ... you know the rest. All I can do is quote from POTC3: "Finally!"

  29. Law of unintended consequences... by jnaujok · · Score: 1

    1. And you thought CDs were expensive before...
    2. The only music to be produced will be the kind no one wants to pirate... Think 90's boy bands.
    3. ????
    4. Profit!

    Sorry, that last one just slipped in there.

    --
    Life, the Universe, and Everything... in my image.
  30. Prey for a smart judge by Anonymous Coward · · Score: 0

    Like Judge Kimball; someone who's just as intelligent - and unwilling to buy into bullshit - to over see this case.

    1. Re:Prey for a smart judge by kranberry · · Score: 1

      And Pray for /. to get a spellchecker (Preview just isn't the same for a lot of people).

    2. Re:Prey for a smart judge by kranberry · · Score: 1

      Sorry for the wasted bandwidth. Most spellcheckers wouldn't have caught this one.

  31. Don't you need to be sued in order to join? by schneidafunk · · Score: 1

    I'm not a lawyer so I really have no idea, but don't you need to be sued by the RIAA in order to join this class action lawsuit?

    --
    Some people die at 25 and aren't buried until 75. -Benjamin Franklin
  32. Re: Class Action Initiated Against RIAA by geekoid · · Score: 2, Insightful

    "Downloading is theft!"

    SO you commit theft when you came to /.? Because you know your browser downloads the pgae, right?

    Or perhaps you really mean Downloading a product whose copyright doesn't allow it is theft?
    of course, that's just plain wrong to. That's why there is a different rules and laws for it.

    DO you mean "Copying copywrited material without permission is a crime"?
    That Can be true, but there are even exceptions to that.

    Now do you see why it's different?

    --
    The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
  33. the witch king of angmar is defeated by a woman

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
    1. Re:yes by An+ominous+Cow+art · · Score: 1

      And a hobbit :-).

  34. Re: Class Action Initiated Against RIAA by Opportunist · · Score: 1

    Neither. Just plain old troll, nothing noteworthy.

    --
    We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  35. Oh no, she's disabled. by Anonymous Coward · · Score: 0

    Why the hell does it matter if she is a "disabled single mother"? I dislike like the RIAA's practices as much as anyone else, but enough of this silly appeal to emotion. I'd like to see a RIAA lawsuit article against an "average, happily married, abled mother" but I doubt that would spark as much outcry.

  36. One comment by billsoxs · · Score: 1

    ...sues for negligence, fraud, negligent misrepresentation, federal and state RICO, abuse of process, malicious prosecution, intentional infliction of emotional distress, violation of the Computer Fraud and Abuse Act, trespass, invasion of privacy, libel and slander, deceptive business practices, misuse of copyright law, and civil conspiracy

    OUCH!

    --
    This message was brought to you by "Lack of Sleep."
  37. Potential Legal Down side...? by Anonymous Coward · · Score: 0

    Don't class actiion suits essentially make the company immune to any further claims from individuals? Presumably because everyones claims are already represented.

    I've been sent a notification that I was part of a "winning" class action suit. I was supposed to get like 10 dollars and then I could no longer sue Ford for some problem with the air bag or seatbelts or something like that.

    Now, I wasn't actualy injured by the problem, so I wasn't planning on sueing them. But the idea of having to give up my rights to sue them later really turned me off about class actions in general.

    Anyone know the process better?

    Is this going to let RIAA off cheaply, and make it easy for them to dismiss later suits (by arguing that if they were valid they should have been part of the class action)?

    1. Re:Potential Legal Down side...? by nsayer · · Score: 1

      Don't class actiion suits essentially make the company immune to any further claims from individuals? Presumably because everyones claims are already represented.

      Only for those torts that were committed before the suit. For most corporations, once a suit is filed they either immediately stop engaging in the given behavior (as with erroneous or illegal billing/accounting practices), or the suit is about a product class or series no longer being offered (as in the case of a recalled defective product), or they add that behavior to a list of disclosures for all future customers (caution: this coffee is hot). In this case, the suit is on behalf of people who are not engaged in a contractual behavior with the RIAA, so if they keep doing what they have been, then there can be future class actions of the same sort. Since those future suits would potentially have more case law on their side as a result of the instant case, the RIAA would have to be either suicidal or idiotic to keep it up.

  38. Put up or shut up by Anonymous Coward · · Score: 0

    Overhyped, eh? So, instead of whining about it, why don't you propose a better alternative?

    I doubt you will, but please prove me wrong.

    1. Re:Put up or shut up by Travelsonic · · Score: 1

      Tu quoque != good argument.

      --
      If you believe in privacy, and believe you have "nothing to hide" at the same time, you're a goddammed idiot
  39. The Big Class Question by Nom+du+Keyboard · · Score: 3, Insightful
    The biggest class question as I see it is: How many other people can claim enough similar circumstances to qualify?

    Certainly the same shoddy, and likely illegal, MediaSentry investigative methods were used against all defendants. And the Settlement Support Center refused to dismiss anyone from a lawsuit who didn't pay them the extortion tax regardless of the evidence -- or lack of it. And even innocent defendants had large legal bills if they fought. Plus all had their computers, privacy, and reputations besmirched by the RIAA publicity steamroller regardless of the outcome of the suit -- with no apologies offered afterwards.

    But is this enough in common to qualify as a class? While I hope so, the legal system doesn't operate with the same kinds of logic I employ in ordinary, everyday life.

    --
    "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
  40. Last question: by cryptomancer · · Score: 1

    Where can I sign up?

    --
    Yes, we understand these tags always apply: fud, dupe, typo, slashdotted, topic name
  41. Slashdot is closed minded. by Anonymous Coward · · Score: 0

    The fact that I was modded down proves Slashdot is full of close minded cowards. These cowards will bury my insightful comment but are too cowardly to reply.

    1. Re:Slashdot is closed minded. by Volante3192 · · Score: 2, Funny

      I thought you got modded down because you inferred Madonna has talent.

    2. Re:Slashdot is closed minded. by heelrod · · Score: 1

      You are not insightful, you are boring, and you must be put down the list

    3. Re:Slashdot is closed minded. by Lained · · Score: 1

      Cowards? Where? Where? I don't.... wait, your trying to trick me ain't ya, mister anonymous coward?

    4. Re:Slashdot is closed minded. by Anonymous Coward · · Score: 0

      Just some hints:
      The fact it gets modded down is because:

      1. It's a wall of text. Use some newlines. Try to be easy on the eyes.
      2. You're posting anonymous. Stand up for what you believe in!
      3. It smells like a flamebaiting troll. (1 and 2 don't help get this smell away)
      4. The mods don't agree with you opinion. The mods are wrong.

      I'm fairly sure you didn't get modded down for reason 4. 1,2 and 3 are the real reasons.

      When I have mod points, I mod up interesting posts I don't agree with, with some reluctances from time to time (and sometimes I leave them alone), I admit, but I never mod them down just because I don't agree. I believe other people with mod points don't do it either, even if only because they fear the unseen meta-mods!

  42. Asking for too much by davidwr · · Score: 4, Insightful

    As much as I want to sock-it-to-'em, I think this lady is asking a wee bit too much, and this will do more harm than good in the long run.

    Remember folks, many, if not most, of the *IAAs victims are technically guilty. True, the RIAA and friends are coming down on them unnecessarily hard, but it's not like they are truly innocent. It's the innocent ones that, thankfully, get the nice press.

    The fact that many or most of the defendants are actually guilty will greatly weaken any class-action suit.

    A much better solution is to make judges nationwide aware that just because the RIAA/MPAA say someone is violating the law doesn't make it so. Many judges are already waking up to this fact and stopping the mafIAA from taking the "easy road to victory," ending ex-parte motions and other dirty tricks.

    If the RIAA think my IP address is stealing, then get a court to order my ISP to order me to contact the court and, after hearing from both sides, let the court decide if the RIAA is entitled to my contact information. Allow my lawyers to subpoena records from the ISP before the RIAA gets my personal information. If the judge denies the RIAA's request, or if they eventually lose at trial, make them pay all my reasonable and actual expenses. If the suit was done with malice, with reckless disregard for the facts, or as a fishing expedition, have the court fine the RIAA for wasting everyone's time.

    --
    Knowledge is how to play a game, intelligence is how to win, wisdom is knowing what game to play.
    1. Re:Asking for too much by Anonymous Coward · · Score: 0

      Remember folks, many, if not most, of the *IAAs victims are technically guilty.
      Umm, do you have any proof to back up such a claim?
    2. Re:Asking for too much by gruffbear · · Score: 1

      Remember folks, many, if not most, of the *IAAs victims are technically guilty.
      Their investigation methodology is obviously faulty and generates a high percentage of false drops. So you can't assume that, you smarmy suck-butt.
    3. Re:Asking for too much by shark72 · · Score: 1

      "Umm, do you have any proof to back up such a claim?"

      I asked Ray Beckerman about this once. He estimated that of all the people the RIAA has gone after, only about half are actually sharing copyrighted content. The other half are mistaken identity.

      Consider that Mr. Beckerman is on the side of the consumer here, so I'd think that he is liable to underestimate.

      Of course, nobody knows for sure, but we can apply some common sense here. It's in the RIAA's best interest to get things right here. They've taken their lumps (Usher, anybody?), so they've gotten better in their detection methods. If somebody were to tell me that their false-positive rate were 10% - 20%, I'd believe them.

      File-sharing advocates like to point out that everybody trades MP3 files. Folks around here boast proudly of BitTorrent's share of overall network usage, relate stories about how everybody at their school pirates music without a second thought, and post links to surveys of young people that confirm that young people don't have much of a moral issue with piracy (I know I sure didn't when I was a teenager). If the Slashdot zeitgeist is to be believed, then even if the RIAA were randomly choosing IP addresses (which we know they are not), they would have a pretty good success rate with just dumb luck.

      --
      Sitting in my day care, the art is decopainted.
    4. Re:Asking for too much by nuzak · · Score: 2, Insightful

      > Remember folks, many, if not most, of the *IAAs victims are technically guilty.

      Generously put, I would say maybe half. And guilty of stealing a couple hundred bucks worth of music at most. We'll continue being generous, treble damages, and it still doesn't even come close to the shakedown amount for settling, let along the hundreds of thousands they're suing for, based on numbers they patently made up for the sole purpose of creating as much fear and damage as possible.

      I have no sympathy for thieves, but I have even less for the RIAA. They need to go down, hard.

      --
      Done with slashdot, done with nerds, getting a life.
    5. Re:Asking for too much by NewYorkCountryLawyer · · Score: 4, Informative

      I don't think I said 50%. I think I said that less than 50% of the defendants are people who actually did engage in file sharing.

      --
      Ray Beckerman +5 Insightful
    6. Re:Asking for too much by knight24k · · Score: 2, Informative

      Remember folks, many, if not most, of the *IAAs victims are technically guilty. True, the RIAA and friends are coming down on them unnecessarily hard, but it's not like they are truly innocent. It's the innocent ones that, thankfully, get the nice press.
      Really? Says who? How do you know the bulk were not just strong armed into an agreement because they weren't quite sure if they were innocent or not? OR even if they knew they were innocent, they just didn't have the finances to defend themselves. This isn't criminal court where they are guaranteed a state defender if they can't afford one. This is civil court and they are SOL if they can't defend themselves.

      You are buying into this same *IAA BS that they *only* go after the guilty. Fact is you don't know if the majority are factually or technically guilty and it doesn't matter either way. IF they were in fact guilty, it still does not give the *IAA the permission to engage in predatory and/or illegal practices in prosecuting their case. Just as it doesn't give the government the right to violate laws to obtain a confession or guilty verdict in a criminal case. You don't get a "bye" to violate laws because you were chasing actual people violating the law.

      The fact that many or most of the defendants are actually guilty will greatly weaken any class-action suit.
      Exactly how many cases have been concluded with a determination of guilt in favor of the *IAA? There may have been some, but I am not aware of any offhand. I do not believe that settlements out of court count in this regard but then again, IANAL. I don't think you can show out of court settlements as proof of anything other than the previous vict...err defendants settled. Depending on the wording of those settlements they may clearly state that without admitting any guilt they accept the settlement, blah, blah, blah. Hardly something the *IAA could use to bolster their case in this regard.

      Again, even if the majority are guilty technically or otherwise it doesn't give the *IAA a blank check to violate other laws in pursuing them.
    7. Re:Asking for too much by Frenchy_2001 · · Score: 1

      The fact that many or most of the defendants are actually guilty will greatly weaken any class-action suit.

      I'm sorry, who said they were guilty? When had the court condemned them and who where those criminals?

      The fact that you take action that may break a law does not make you guilty until a court recognize it so. There have been no guilty verdict that I know of, only settlements and dismissal (without prejudice in the case of settlements) and now one dismissal with prejudice and guilty verdict AGAINST the RIAA (Atlantic records).

      The US justice doctrine is innocent until proven guilty. By saying that those people are guilty, you are robbing them of their right AND buying the RIAA's logic, hook and sinker.

      For example, the judgment has proven that the proofs given by the RIAA are either illegal or not receivable by most courts, as they were obtained by people without the right to do so (unlicensed private investigators). And most of those "proofs" were flimsy at best.

      So, although a lot of people do engage in file swapping and a lot do it with copyrighted material, I have not heard of any conviction for that fact. A person was actually condemned in Europe, but the amount of the fine was way below the settlement amount asked by the local publisher. The judge gave him a blanket fine covering all his infringement that amounted to a few cents a song.

    8. Re:Asking for too much by jparker · · Score: 2, Insightful

      IANAL, but I don't think the guilt or innocence of the plaintiffs should have any real bearing on the case. The claims in the suit center around the way that the RIAA has gone about suing people: assuming that IPs can be uniquely identifying, faling to do real computer forensic work, etc. Whether they've got the right people or not, it's the method they used that is at issue.

      This seems just like the police conducting an illegal search. Even if they find conclusive evidence of guilt, the police still violated the law in conducting the search.

    9. Re:Asking for too much by rastoboy29 · · Score: 1

      Yes, but the problem is that idea is that you assume they have any right to be involved in your business.  It is not your business, for example, what files me and my Dad exchange.  Neither is it your business what files I exchange with another stranger.  So if it's a bunch of strangers...what business is it of yours? Or, more importantly, the RIAA's?

  43. The real problem of the digital age and music... by bradcb212 · · Score: 4, Insightful

    In my opinion, the great threat of the RIAA and the age of digital music is not just downloaders, but also their legal, pay-per-track alternatives...

    Why have the record companies fought Apple for higher prices? Why have some companies refuted the potential profits of a deal with iTunes?

    It is the a la carte concept of iTunes, allofmp3, kazaa, napster, etc... you name it that's the real issue at hand here...

    I think the big motivating factor for downloading music is NOT based on an unwillingness to pay a small fee for the songs you want, it's based on an unwillingness to pay $20 for at most 3 songs that you want...

    Since the glory days of the music industry, they've primarily sold albums as it was the most convenient and economical form of distribution. This method suited the consumer well as he didn't have to rush out to the store everytime a new song came out, it suited the musician well as it allowed to him to make a good hour or so of music, then go on tour and wow the crowds, and it suited the industry well because even if only 1 or 2 of the songs on the album became hits, people would still shell out the full price of the album for those songs they wanted.

    Fast track to the present, and the internet has tipped the economic balance in favor of the consumer. Although the album system is still convenient in the ways listed above and many not-listed...(for instance "branding"), consumers appear no-longer willing to buy full albums for the most part.

    So, I find it funny that /. has reported on many occasions about the "falling profit gaps of the recording industry," and how "legal downloads are not filling this gap," as if there was ever any chance of this happening.. This is a question of economics, not piracy...

    People are not rushing out to the cd store anymore. Hell, I haven't stepped foot in one in over a year. People are downloading the SONGS they want, and that's it...or they're waiting for their friends to get it and send it to them. In my opinion though, these people are not thieves, just opportunists, responding to a large imbalance in price between the traditional cd, and the legal or not-so legal per-track alternatives.

    Why else has it taken so long for legal download services such as iTunes to come about. How many years after Napster's destruction did it take? Why didn't the RIAA look at the story of napster (after they sued the piss out of it) and build their own legal alternative? Because they know what it means...it means they can no-longer fleece the consumer with the album like they've been doing for a loooong time.

    So, although the album will likely remain a convenient unit for musicians and for "branding" purposes, I see the concept of consumers purchasing full albums a fast-fading one.

    The album....is dead

  44. That's it? by vthokie69 · · Score: 1

    They forgot to include in the lawsuit, kicking puppies and kidnapping first born children.

  45. Re: Class Action Initiated Against RIAA by MobileTatsu-NJG · · Score: 1

    "Downloading is theft!"

    So how do you justify all the times you've committed theft?

    --

    "I like to lick butts!" by MobileTatsu-NJG (#32700246) (Score:5, Informative)

  46. Overrated by jgoemat · · Score: 1

    They have the right to protect their IP. However, they have the responsibility to make sure they are targeting the right people. They have kept several cases going after getting evidence that they sued the wrong people.

  47. Has Kazaa Changed? by PorkNutz · · Score: 1
    It's been about 5 years since I used kazaa, I switched to shareaza, then eventually to pure Bitorrent because Kazaa had too many fakes and stupid crap on it. Back then Kazaa wasn't a program that ran without showing itself. It didn't share anything except what the user specified (or what the user had downloaded using the program itself).

    This guy makes it sound like Kazaa does what it does without any way of knowing it is there doing what it is doing. Has Kazaa changed into this type of program?

  48. Re: Class Action Initiated Against RIAA by Anonymous Coward · · Score: 0

    Shill? Do you even know what shill means? Because accusing the parent troll of being a shill is downright retarded. The question is Joke or Troll.

    Unless of course you think the RIAA is paying him to insult disabled people for no reason..

  49. Re: Class Action Initiated Against RIAA by Anonymous Coward · · Score: 0

    Wait! Where's the CowboyNeal option?

  50. Finally by SilverBlade2k · · Score: 1

    About damned time...I hope the judge isn't an unofficial RIAA employee..

  51. We're all doomed you know... by RingDev · · Score: 1

    Good question. And maybe I'm on crack or something, but I thought Bush and Asscroft/Gonzo pushed some policy through that changed the requirements of class action lawsuits to require not just people of the same class, but that some number of people had to be from the same state. (intermission) Yeah, here it is: http://en.wikipedia.org/wiki/Class_Action_Fairness _Act_of_2005

    So she will likely have the case bumped up to federal court, where it will promptly be dismissed.

    -Rick

    --
    "Most people in the U.S. wouldn't know they live in a tyrannical state if it walked up and grabbed their junk." - MyFirs
  52. This is great but... by williambbertram · · Score: 2, Insightful

    ...let's hit them where it *REALLY* hurts. Stop buying their overpriced, outdated, low quality, (and in some cases.. Sony) dangerous products. Contrary to popular belief, everything the RIAA ever collected a royalty on could vanish from planet earth with little or no consequence. Lets face it, most commercial music products just aren't very good anyway.

    1. Re:This is great but... by east+coast · · Score: 1

      Stop buying their overpriced, outdated, low quality, (and in some cases.. Sony) dangerous products.

      If people are willing to no longer buy them they should not download them either. Trash is trash at any price or effort.

      But frankly, they obviously have a product that people want and that you have a problem with. If you had not real interest you would have glanced over the blurb and kept moving. This is what I do when the blurb is about TV top game units. I don't own one, no interest in one. The business that happens with them rarely bothers me so I glance at it to keep up on what may or may not be going on but I don't invest any real time into it.

      Contrary to popular belief, everything the RIAA ever collected a royalty on could vanish from planet earth with little or no consequence. Lets face it, most commercial music products just aren't very good anyway.

      Pure opinion. And a flippant one at that.

      Feel free to hate everything that was ever released on a major* but the bottom line is that there is a lot of culture going on in these recordings. I'm not going to sit here and try to deny that an artist has a good offering because his "brothers-mothers-sisters-cousin" was involved in an organization that has shady business practices some 10+ years after their recording was released. Hell, some of these bands are still putting out good music that is more then worth my consumer dollar. I'm not going to blame the artist for someone else's bullshit. That would be like me throwing a punch at you on the street because I found out that your 3rd cousin killed someone in a DUI incident. It's nonsense.

      *Yes, I know the RIAA also represents some pretty small labels too.

      --
      Dedicated Cthulhu Cultist since 4523 BC.
    2. Re:This is great but... by Relic+of+the+Future · · Score: 1
      That be great if it weren't for the fact that RIAA is allowed to collect royalties for music that doesn't even belong to its members, and to collect blank-media fees for media that isn't even used to make copies of their member's works. Oh, and the fact that they'll blame it on a rise in piracy, and use that to lobby for stricter laws and more fees.

      They believe that they ARE music; that all music belongs to THEM. So even if you stop buying their stuff, they've entrenched themselves with enough government-backed control (and invested in enough lobbyist to get even more) to make their death-throes damaging to everything around them.

      You may kill the RIAA, or some of their members; but they may take fair-use down with them.

      --
      Those who fail to understand communication protocols, are doomed to repeat them over port 80.
  53. And a "w00t" shall be set forth unto thee. by problah · · Score: 1

    All I could do while reading this was stand up in my cube o' wisdom and scream "YEAH!" to the heavenly ceiling tiles. Awesome!

  54. Re: Class Action Initiated Against RIAA by SL+Baur · · Score: 4, Funny

    Downloading is theft! But wait. A couple of articles ago, they were saying that not downloading ads was theft. I'm so confused.
  55. Interesting countersuit by Mr.Fork · · Score: 2, Insightful

    Now she's turned that lawsuit into a class action. The amended complaint seeking class action status (PDF) sues for negligence, fraud, negligent misrepresentation, federal and state RICO, abuse of process, malicious prosecution, intentional infliction of emotional distress, violation of the Computer Fraud and Abuse Act, trespass, invasion of privacy, libel and slander, deceptive business practices, misuse of copyright law, and civil conspiracy.

    What is interesting that each and every individual amendment will need to be addressed to be thrown out. The legal proceedings will not be able to 'carte-blanche' throw out the case on a single motion, it needs to address 'malicious prosecution' and 'trespass' and every other complaint, similar to someone convicted of multiple felons. It's quite an all-encompassing CAS - RIAA will have a very very hard time trying to survive it because I'm sure she's not willing to settle out of court. She's pretty PO'ed and will want the whole gambit in court. But I'm making that assumption...

    --
    Management is doing things right; leadership is doing the right things. - Peter F. Drucker
  56. Please let this go through... by Cycline3 · · Score: 2, Insightful

    I do not believe in stealing music at all. However, it's clear beyond any doubt that the record companies have failed consumers and hurt the marketplace. They've clearly broken numerous laws. They need regulated and reeled in - and a substantial legal judgment against them would help everyone involved: us, the musicians and the companies. Until they realize the crack-like selling days are over and cds have to cost $5 - then it won't work. I don't want 3 million dollar videos, I want a $5 cd by a real artist that's recorded well. Hollywood delivers the goods on movies, why can't the music industry get their shizz together?

    1. Re:Please let this go through... by neophytepwner · · Score: 1

      I smell another settlement and a very unhappy mother and daughter. RIAA you can run, but you can't hide forever.

    2. Re:Please let this go through... by AeroIllini · · Score: 2, Funny

      Hollywood delivers the goods on movies... Oh, man, I hope that's some super clever satire I missed.
      --
      For security, the MD5 hash of this message and sig is 09f911029d74e35bd84156c5635688c0.
  57. Lawyers will make all the money by LM741N · · Score: 1

    Yes you too can be part of this class action suit and receive your payout of $5. The lawyers get all the millions left over.

    1. Re:Lawyers will make all the money by sfjoe · · Score: 1

      The lawyers get all the millions left over.

      And they deserve it. A lawsuit against a large corporation (or several corporations as in this case) can take years to adjudicate before anyone, including the lawyers, sees any money. There is also no guarantee going in that you will win so these lawyers can spend tens of thousands of hours of work for nothing. When was the last time you did any work with the possibility of not getting paid?

      --
      It's simple: I demand prosecution for torture.
    2. Re:Lawyers will make all the money by geekoid · · Score: 1

      they should get 15% or an equal share. Yes, it may take years, most of that time they are waiting on something. In the mean time they work on other cases.

      Yes, they are skilled professional and provide a service, but the money they get from class action suit is obscene.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
  58. Is the RIAA needed anymore? by acoustix · · Score: 1

    I know this is extremely off topic. But seriously, is the RIAA needed anymore by the record companies. I realize that they lobby for the music industry, but what else do they do? If the RIAA closed up shop wouldn't that lower the price of CDs? No RIAA memberships to pay = lower priced products which in turn could lead to better CD sales and less piracy?

    I'm just thinking out loud here.

    Nick

    --
    "A plan fiendishly clever in its intricacies"- Homer Simpson
  59. Who can get on... by Dusty00 · · Score: 1

    I wonder if those who have paid off the RIAA to go away when they received their settlement letters can join this suit. Seems to me they'd be the perfect candidates.

  60. Can Artists Get Back Their Copyrights? by davide+marney · · Score: 4, Interesting

    IANAL, but if RIAA's practices are found to be illegal, can the artists sue to regain their rights?

    If I have some intellectual property, sell the copyrights to someone else, and that person then uses those rights to break the law, do I have any way of rectifying that? Or, at the very least, can I sue for damages against the copyright holder?

    --
    "We receive as friendly that which agrees with, we resist with dislike that which opposes us" - Faraday
    1. Re:Can Artists Get Back Their Copyrights? by Anonymous Coward · · Score: 0

      Wow you are stupid. Stop posting. You're embarrassing yourself.

    2. Re:Can Artists Get Back Their Copyrights? by Solra+Bizna · · Score: 1

      Nice sig. That would make you... Guardian?

      -:sigma.SB

      --
      WARN
      THERE IS ANOTHER SYSTEM
  61. I agree by Anonymous Coward · · Score: 0

    I'd rather hear it from the expert than Slashdot's myriad self-described ones.

    Why do these self-described experts go on about their habits concerning their tuchus? Always going around yelling "IANAL"!

    That really is, as my wife would say, "Too Much Information".

  62. Re: Class Action Initiated Against RIAA by Anonymous Coward · · Score: 0

    It is all very simple - you (or rather we being non-corporate peons) are guilty until proven innocent.

    The New Constitution
    i) You have no rights
    ii) Corporations have a right to make a profit
    iii) Anything hindering corporations making a profit is a terrorist act
    iv) Terrorist can be disappeared, tortured, etc at will by the Decider

  63. You can't pre-emptive sue... by X0563511 · · Score: 1

    ... yet.

    --
    For large sets, this will be our guide even unto death, for the LORD will work for each type of data it is applied to...
  64. Initial reaction by Odinson · · Score: 2, Funny

    For some reason the song "The Final Countdown" popped into my head. The worst part is, now I have to go buy a whole album so I can get it out.

    1. Re:Initial reaction by Anonymous Coward · · Score: 0

      Or download it!

    2. Re:Initial reaction by AnttiL · · Score: 1

      Album? So Europe actually have done more than that one song? I'm shocked.

  65. every time you buy music.. by Anonymous Coward · · Score: 1, Interesting

    ...you are "approached" by the RIAA. Under RICO, they should be nailed for industry collusion and price fixing. See any real differences in music pricing from the major labels and members of the RIAA? See any attempts to stifle your fair use? Are they still engaging in bribery and payola, even though the were first busted for it decades ago? Are you aware that if you even own a computer and access the internet with it they might target you, using questionalble tactics? And so on, there's a big list. And you, as joe civvie, can now use RICO, it isn't just for DAs anymore. If you are a music consumer, or an internet user, and read the news and think you might be affected by what these people are doing, then you might want to think about it and possibly join the case.

    Me, I just boycott all those assholes until such a time as the actual "artists" stop using them as a front piece. It's up to the musicians now from my perspective. Stop signing with those labels, stop the massive price gouging of consumers, else no money from me, fullstop. The music industry in general went years ago from me dumping serious folding cash a year into their wallets to zero money, because they are collectively lamers. I don't support the mafia *or* the MAFIAA. I'll go to some friends house and listen to live music on some old beat up guitar before I spend another penny with anyone on those labels represented by the RIAA, either prerecorded or live concert.

  66. Hell Hath No Fury... by AnalogDiehard · · Score: 1

    ...like a woman scorned.

    --
    Eternity: will that be smoking, or non-smoking? I Corinthians 6:9-10
  67. Go for the jugular by kimvette · · Score: 2, Insightful

    Want to really hit RIAA members hard?

    Stop buying their crap. They will either adjust to the market AND acknowledge and provide for Fair Use and also embrace viral marketing, or they will die. It really is that simple. What I _do_ buy, I buy used now, and there are really only a few acts I buy any more. Spend your money elsewhere.

    I went from buying a CD or two every other day during the height of Napster to buying _maybe_ one every other year. In the last six years, I've bought maybe two brand-new CDs: David Gilmour's On An Island, and Pink Floyd's Is There Anyone Out There (the wall live album). Oh wait, there was another one: a Tijuana Brass album. I do want to buy Weird Al's latest album, and I want to buy Roger Waters' Ca Ira, but I'll wait until I can find a pristine pre-owned(used) copy. There is lots of other stuff I'd love to buy, but I'm pretty much standing on my principles and giving the RIAA the finger.

    Now, instead of listening to hard rock and pop stations, I'm listening to talk (NPR, christian radio, or other talk stations) and sometimes oldies, classical, or classic rock stations (I have almost all the classic rock I want on CDs, and I've ripped most of them to SD cards so I can bring my collection with me when I travel). I avoid exposure to new material the best I can, lest I be tempted to buy it, or be tempted to download it and contribute to viral marketing. Sorry, I'm just not interested in promoting the continued existence of the music cartel as it exists today.

    --
    The Christian Right is Neither (Christian nor right). See: Matthew 23, Matthew 25, Ezekiel 16:48-50
    1. Re:Go for the jugular by Anonymous Coward · · Score: 0

      They already believe their declining revenues are due to piracy, it's time to clear that misconception.

  68. I was serious. by Anonymous Coward · · Score: 0
    My post was not intended to be interpreted as humor. I was serious about all of those statements.

    1) No one has any talent except Madonna Madonna is the most successful female artist by record sales. I haven't heard much music, but I have never found any other music I can stand listening to while writing software and learning about x86 operating system development. Madonna is like the C programming language. Nothing else replaces it.

    2) "The RIAA has always worked to advance the quality of music." They have. Have you ever heard of the RIAA equalization curve? This was very important for audio on vinyl records. The RIAA continues to protect the quality of music by protecting the intellectual property (copyrights) of the companies they represent.
    1. Re:I was serious. by Checkmait · · Score: 1

      The RIAA continues to protect the quality of music by protecting the intellectual property (copyrights) of the companies they represent.

      You are right in one sense--the RIAA is attempting to protect intellectual property rights, but not the IP of any company rather that of artists. However, the means which the RIAA uses to "defend" those rights far outstrips any good cause. The RIAA has filed many suits in cases where it was obvious from the outset that the defendant did not infringe on any copyrights (such as suing elderly people who didn't have Internet access).

      The means which the RIAA employ do not fit the ends which they strive to achieve. A massive FUD campaign--for that is what the RIAA's tactics amount to--in the courts, practically blackmailing people into settling with them as in SLAPP suits.... those are dishonorable tactics.

      ....and the RIAA wonders why it continues to lose sales revenue. No better way to than suing your customers.

      --
      "All you need is ignorance and confidence; then success is sure." -- Mark Twain
    2. Re:I was serious. by Evilest+Doer · · Score: 1

      Madonna is the most successful female artist by record sales
      Her music is crap. Just because you and a bunch of other people buy that crap does not magically turn it into high art. Popularity != artistic ability
      --
      I feel like death on a soda cracker.
    3. Re:I was serious. by Anonymous Coward · · Score: 0

      Just because you and a bunch of other people buy that crap does not magically turn it into high art. Popularity != artistic ability Yes it does. More sales means more money for R&D. This is true with anything. First generation products often have design flaws. If the product sells well. the company (assuming the product isn't a loss leader) has more money for R&D to improve the product. Of course, not everything is improved. IBM sold IBM PC AT computers for a long time with 286 processors while competition like Compaq beat them to the 386 processor. But IBM lost key people in R&D. Madonna is the best artist and only artist with enough talent to be worth buying. This is because of high record sales. Because Madonna has improved continually since 1987, high success has been maintained by a market that cares about quality music with a plethora of motifs. The other artists fail to improve themselves, so they are "discontinued" after four years. The other artists fail to provide orignal music with unique motifs.
    4. Re:I was serious. by Evilest+Doer · · Score: 1

      Yes it does. More sales means more money for R&D.
      You're an idiot. Art is not R&D. High record sales does not equate with being a better artist. It simply means that you can get a lot of people to listen to it. And how has Madonna "improved"? It's the same kind of drivel she has been putting out from the beginning. And record companies pick what sells, not what is good. Do you really think the latest incarnation of New Kids on the Block/Backstreet Boys or Early Madonna/Brittney Spears/Whoever-that-airhead-who-replaced-her's-nam e-is are picked because of *talent*!. I guess next you'll be claiming that the Power Rangers and Barney the Purple Dinosaur are the pinacle of theater because of their high level of sales.
      --
      I feel like death on a soda cracker.
    5. Re:I was serious. by Anonymous Coward · · Score: 0

      I'll agree with you all of those other artists. They suck. But they go away and are replaced. Madonna has never been replaced. Madonna stays because she has been a very good artist and singer. She has worked to improve the quality of her singing and motifs of her music. This may be a bit subjective, but since 1989, her voice (in my opinion) has been better than anything else I have overheard. As a student that works, I get very little sleep. I frequently go without any sleep to cram work. The music is conducive to pushing myself to stay awake. So much better that I don't listen to anything else. The philosophy in the songs, especially those with political themes, is also very interesting. Madonna is probably not only the best singing performer but also the most intelligent.
      But you may be right that art is different. Success does not bring about quality. Quality brings about success. In my opinion, sustained quality of both a product and music will bring about continued financial success. This is why Madonna is unrivaled.

  69. I'll never stop buying full albums... by ElboRuum · · Score: 1

    The reason is very simple. In my experience, most things that make into popular consumption aren't the best work of an artist. This is true with music just as any other art form. If the album is dead, well, then the artist doesn't get a full showcase of their work. I can't tell you how many times I bought an album for the one hit song they may have had on the radio, only to find a treasure trove of really interesting music that they claim won't fly in Peoria.

    1. Re:I'll never stop buying full albums... by ScrewMaster · · Score: 1

      I can't tell you how many times I bought an album for the one hit song they may have had on the radio, only to find a treasure trove of really interesting music that they claim won't fly in Peoria.

      I can't tell you how many times I bought an album for that one hit song, only to find a disc full of worthless filler. In my experience, that's been true more often than not. Very few artists (of any stripe, no matter how prolific) continuously produce topnotch material. If you can get one gem for very twenty tracks you're doing good.

      --
      The higher the technology, the sharper that two-edged sword.
    2. Re:I'll never stop buying full albums... by dbcad7 · · Score: 1
      Of course your right for a lot of albums.. but there are exceptions.. and then there are also "Best Of" and other types of collections.

      I do have to wonder though, if all your "gems" are just the same gems that are what's currently "popular", or if you actually give all the songs in an album a fair chance. It's kind of amazing how some songs get airplay that don't seem that great, but after so much familiarity it eventually becomes "good".

      There are also fans that follow some artists.. for example my ex girlfriend was into Depeche Mode. and although I recognized some of the songs, she knew all of them, and her fellow fans at concerts could sing along with the lyrics of the "filler" songs.. Depche Mode is no Pink Floyd, or AC/DC so I imagine for most people with a casual exposure (like me) the filler songs would be junk.. but they still mean something to some people.

      --
      waiting for ad.doubleclick.net
  70. Mod Parent Up by coop247 · · Score: 1

    As good as it can be put, although thats a lot of wishful thinking im afraid.

    --
    //TODO: Insert catchy phrase
  71. How delightful! by rastoboy29 · · Score: 1

    That's it, just delightful!

  72. It's not stealing. by kfogel · · Score: 1

    When someone steals your bicyle, now you have no bicycle.
    When someone copies your song, now you both have it.

    That's a pretty important difference!

    http://questioncopyright.org/

    --
    http://www.red-bean.com/kfogel
  73. Yabba Dabba Doo! by Lord+Balto · · Score: 1

    "The amended complaint seeking class action status (PDF) sues for negligence, fraud, negligent misrepresentation, federal and state RICO, abuse of process, malicious prosecution, intentional infliction of emotional distress, violation of the Computer Fraud and Abuse Act, trespass, invasion of privacy, libel and slander, deceptive business practices, misuse of copyright law, and civil conspiracy."

    But, but, but..., there's no underlying crime!

    Talk about throwing the kitchen sink at them.

  74. What if you already settled a case? by Anonymous Coward · · Score: 0

    Last year I found out a friend was being sued by a record company. She told me that they were using the same evidence as the first time. It was then that I found out about the first lawsuit.

    Per her lawyers instructions she settled the first case. The second case she did not even show up for the court date. Is she able to join in on this class action?

    I am not up to par on class action lawsuits, and I will be away from my comp for awhile, so I ask now, and hope for an answer when I get back online.

    The "facts" as I have been told. She was accused of distributing songs using Kazaa. According to her they showed screenshots of songs on her computer. She stated that many of the songs in the screenshot were songs that she did not recognize and had never heard before. Some by artists that she had never listened to. Her lawyer said they could not win and so she settled. She ended up declaring bankruptcy before the end of that year (2005).

    Last year, she received the second lawsuit. Different record companies but using the same screenshots. At this time she accused her then husband of being the one using Kazaa and felt that he should be paying for this not her. The internet account was in her name. They divorced shortly before the second lawsuit.

    I informed her that she should have let me know of the first lawsuit and I informed her that she needed a better attorney. But of course this was way after the fact. Disclaimer of my opinion: Did she download songs, probably. Did he download songs, definitely.

    Can she join the class action suit? I hope to read up on all of this later. Thank you for your time.

  75. As always.... by Anonymous Coward · · Score: 0

    Hate to tell ya, but a class action suit won't necessarily work - because if you have 1000 people as a class suiing, and the RIAA can show that just 1 of them was guilty, it sorta fucks it up for the other 999 people.

    And I hate to tell ya, but out of those 1000 people, there are a lot more than just 1 who have illegally downloaded music.

    Why don't you fucktards realize that if people quit pirating, then the RIAA (and it's ilk) wouldn't exist?

    I love how so many /.ers are against the RIAA, most of them gleefully leeching music, movies, and TV shows without a care, and either don't care about it, or are too stupid to realize, what they are doing is illegal.

    YOU DO NOT HAVE A RIGHT TO SOMETHING SOMEONE ELSE CREATED TO UNLESS THEY GIVE YOU PERMISSION you retards

  76. Sad and teling by sjames · · Score: 1

    The mere fact that the RIAA has threatened and sued enough people to constitute a class is truly sad and telling.

    As for the charges themselves, some are clearer cut than others, but I don't see any that aren't justifiable.

  77. Loss Leader by PMuse · · Score: 1

    Remember that the RIAA gets a maximum recovery per suit of ~$3000 and a mean recovery per suit of far less than that. Their mean legal costs per suit probably outstrip the recoveries.

    So why do it? Answer: to keep the norod in line.

    How much does the RIAA have to lose in these countersuits to stop them suing people? Answer: more than the profits gained by selling music to the masses.

    --
    "We reject as false the choice between our safety and our ideals." --The American President (20.1.2009)
  78. Re: Class Action Initiated Against RIAA by arootbeer · · Score: 1

    Why would you think I was implying anything other than that?

  79. The math behind "many if not most" by Anonymous Coward · · Score: 0

    "Many if not most" means a sizable number, possibly in excess of 50%+1 but possibly well under that number.

    I think many if not most of those sued by the mafIAA are guilty.
    I also think many if not most of them are innocent.

    In other words, I think it's probably not a case of "there are only a few guilty people, with the vast majority being innocent" or vice-versa.

  80. If I by Anonymous Coward · · Score: 0

    download songs but never listen to them am I still violating their copyright?

  81. Re: Class Action Initiated Against RIAA by Anonymous Coward · · Score: 0

    "In this case so much good could be done for artists and their music when the RIAA would have its way."

    Not bloody likely. The only people who would enjoy the RIAA having its way would be the record executives, who get to make $700,000-$1,000,000 per successful album while sending the artists in question into debt... forcing them to make more records and repeat the cycle. In fact, THIS is the very reason the RIAA hate downloading so much!

  82. Re: Sig by davide+marney · · Score: 1

    Almost! I use that quote because I love the teletype sound effect they use for the LED tickertape display in the movie. It's so incongruous!

    (CHA-CHA-CHA-CHA-CHA-CHA-CHUNK!) **WARNING**
    (CHA-CHA-CHA-CHA-CHA-CHA-CHUNK!) THERE IS ANOTHER SYSTEM!

    --
    "We receive as friendly that which agrees with, we resist with dislike that which opposes us" - Faraday