elias
Premium,VIP
join:2000-07-24
Miami, FL
clubs:  | RIAA's Crazy
We're beating a dead horse here ... but we all know that the RIAA's just plain crazy.
-- Elias |
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wentlanc
You Can't Fix Dumb..
join:2003-07-30
Maineville, OH | Not Constitutional
I think that the best anyone can hope for would be to have the subpeona process be declared unconstitutional. In that Case, the RIAA may decice that it is not economical to bring all of these people to litigation. But who knows. |
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Rash
Ouch
Premium
join:2002-09-27
Walkersville, MD
clubs: | Lots of Money
I just hope the woman in NY has deep pockets it's the only way she is going to win. I agree with her lawyer the issue is privacy. It outrages me that a corporation can subpoena people with out a Judges signature. |
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Nightfall
My Goal Is To Deny Yours
Premium,MVM
join:2001-08-03
Grand Rapids, MI
 ·Site5.com
 ·AT&T Midwest
 ·Comcast
| Two wrongs don't make a right
Wrong #1 - The RIAA has no right to subpoena users without a Judge's signature. Sure, there is nothing wrong with them bringing a lawsuit against people who are sharing and they have good evidence of such, but going around the justice system isn't right. The judicial system shouldn't let this happen.
Wrong #2 - This girl has no legal right to be distributing music over P2P. It doesn't matter if it is her music or not. It is called illegal distrubition. The RIAA and software companies have a legal right to determine how their product will be distributed. This is obviously not one of them.
Two wrongs don't make a right. It is my hope she wins the privacy battle, but it is also my hope to see the people spitting in they eyes of the law to get their day in court.
--
My Domain
Nightfall's Hockey and Life Journal |
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bistro777
Donuts-Is There Anything They Can't Do?
Premium
join:2002-02-07
Englewood, CO
| And she won't be the last -
Just off the Reuters newswire - - - US music firms sue 261 Net users for song copying:
"The Recording Industry Association of America said it had filed the copyright infringement suits in U.S. courts across the country, marking the first time the music industry has directly pursued Internet users who copy music directly from one another's hard drives."\
I enjoy a slow dinnner in a fast diner. |
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joebear29
join:2003-07-20
Alabaster, AL
| Here is the AP link:
»story.news.yahoo.com/news?tmpl=s···wsuits_3
"The recording industry was filing hundreds of lawsuits Monday against individual music lovers whom music companies accuse of illegally downloading and sharing songs over the Internet, a music industry source said.
The lawsuits, being filed in federal courts around the country, had been expected, as the industry has become increasingly aggressive in cracking down on the trading of pirated music files online. The source spoke on condition of anonymity." |
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DeiselCat
W.W.J.D.
join:2001-03-16
Davison, MI
clubs:
| reply to bistro777
This makes no sense to me.I can sit here and tape record all the songs i want off the radio stations.I know there is a slight difference but not much.
--
"It is easier for a cameal to pass threw the eye of a needle,than a rich man to enter into the gates of Heaven" |
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joebear29
join:2003-07-20
Alabaster, AL
| said by DeiselCat  :
This makes no sense to me.I can sit here and tape record all the songs i want off the radio stations.I know there is a slight difference but not much.
Well that solves all your problems. Since there is only a slight difference, forget about file sharing and just tape off the radio. |
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mrchris
We don't miss you Bush
Premium
join:2002-10-01
North Babylon, NY
| reply to elias
Re: RIAA's Crazy
Give it up already RIAA, you know you cannot win the P2P war. Resistance is futile
[text was edited by author 2003-09-08 14:18:31] |
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bobco
@192.76.x.x
| reply to joebear29
Re: And she won't be the last -
When I was a kid I remember recording music off the radio. When I play a CD in my convertible with the top down on the highway at 70MPH it sounds just like my old taped recordings. I didn't hear the RIAA crying about lost profits back in 1985. It's only now that they can catch me more easily that they're clamoring about lost profits and filing lawsuits.
Even more, I'm not breaking the law now, but I am infringing on someone's rights and I may owe them money. Should the subpoena process be used for an infringement so someone can sue me? If so then I should be able to get a subpoena without a judge's signature for every spam email I get, or blocked intrusion on my firewall for some backdoor virus. |
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Smokey
Even drunk on a bet ya make it to Canada
Premium
join:2003-05-20
Va Beach
clubs: | reply to wentlanc
Re: Not Constitutional
the supreme court has ruled that ones rights of ownership of copyrighted material is a very high right. I think that because the RIAA is not a governmental branch that they will be given lots of leniency in how they use this law. |
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elias
Premium,VIP
join:2000-07-24
Miami, FL
clubs:
| reply to mrchris
Re: RIAA's Crazy
said by mrchris :
Resistance is futile
All your CDs are belong to us.
-- Elias
[text was edited by author 2003-09-08 14:52:44] |
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joebear29
join:2003-07-20
Alabaster, AL | reply to bobco
Re: And she won't be the last -
Well, what are you worried about? Screw the RIAA, screw P2P and go back to taping songs of the radio. You can avoid this entire mess, and still get your music. |
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Yowzaaah
Ours Go To Eleven
join:2000-12-14
DamnFlat, OH
clubs:
| Legal strategy for all those sued
If you are one of the unlucky .000000002% of traders to get a lawsuit from the RIAA and 1) want to hurt the RIAA more by sucking up their money on lawyers and 2) are open to relocation here is your battle plan.
1. Move to Florida or Texas NOW!, these two states have very generous local rules on homestead exemptions and other bankruptcy related protections not found elsewhere. (find a job there before you move so that the RIAA can't say you moved with the intent to defraud)
2. Represent yourself and be difficult, but not an ass. Lawyers HATE going against non-lawyers. Muck things up. Get a long haired law professor or two at the closest law school to help with your case and assign student attorneys to help you paper them to death with every conceivable motion under the sun. More paper = more money from the RIAA at $375 per hour. This can be your hobby.
3. postpone, delay and drag on. Whenever you get a day off schedule a "settlement" negotiation. Be engaging and thoughtful, but always back off at the end and say, I'll take my chances in court. (nothing says $$$$$ like a Partner, two associates and a paralegal around a table for and hour or two). Repeat as often as they will meet with you. (eventually the lawyers may catch on and work with you to bilk their client out of money...they're not above it)
4. DISCOVERY!! Ask for every contract between the label and any artist that they claim you infringed upon, make them PROVE they have the legal right to enforce the copyright on EVERY DAMN SONG. Contest the admisability of each and every document, demand authenticated originals, seek to depose artists and the executives who negotiated the contracts to prove that they are authentic. Repeat the above with every piece of evidence you and your eager beaver law students can think of.
5. Trial...Speak slow, ramble, call everyone and anyone you can think of. Hopefully you law professor will agree to come in and represent you at trial. He'll take twice as long as a regular lawyer and try weird stuff, since he's tenured and every hour in court is an hour away from bothersome students. Make it LOOOONNNGGG. Trial time for the RIAA will be nearly $2000 per hour with the attorneys and support staff all in, make it last.
6. Accept the fact that they will win.
7. Appeal anything and everything.
8. Become a media martyr. Make sure you get on inside edition and E! 3 or 4 times. Ask people to contribute to a trust to pay your living expenses (NOT your judgment or your legal fees... YOUR LIVING EXPENSES going forward and it should be in trust, not owned or managed by you).
9. when all appeals are done.. declare bankruptcy and make the RIAA eat the bill 100%. Since you are in Florida or Texas, your house and car are safe (avoid owning a car, lease that puppy). Put any excess cash into your house prior to the judgment and take a fat line of credit on it).
10. your credit will be crap for 7 years, but hey... let's face it... it probably would have been anyway.
If enough of those sued use these tactics the legal fees will put some serious hurt on the RIAA. Aim for $1M in RIAA legal fees by the time you are done with them. You can do it!! |
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mystery45
join:2001-06-13
Titusville, FL
| the reason for that is
there was some kinda of copy right that passed and was agreed to by all parties that allowed the radio stations to play the songs. the RIAA tried the same thing with the radio stations a long time ago. they got together and said we will pay you X amount of dollars but we have the right to play your music all of the artists said yes and there ya have it. |
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joebear29
join:2003-07-20
Alabaster, AL
| reply to Yowzaaah
Re: Legal strategy for all those sued
I don't think the wife would go for that, on several levels.
I have a better idea. If you are sued by the RIAA, cut your losses and settle! Chances are they will be hungry for some PR-friendly early settlements, and you can probably cut a decent deal.
Best advice, of course, is don't get legal advice from an Internet forum. |
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furlonium
Computer Over? Virus equals Very Yes?
join:2002-05-08
Bethlehem, PA
| reply to Yowzaaah
said by Yowzaaah :
....10. your credit will be crap for 7 years, but hey... let's face it... it probably would have been anyway.
lmao |
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Big Time
Fuster Cluck
Premium
join:2002-10-19
Washington
| reply to Yowzaaah
said by Yowzaaah :
If you are one of the unlucky .000000002% of traders to get a lawsuit from the RIAA and 1) want to hurt the RIAA more by sucking up their money on lawyers and 2) are open to relocation here is your battle plan.
 Not the course of action I would take, but a great read. Thanks for the laugh. 
--
Idiot in need of a village. |
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Yowzaaah
Ours Go To Eleven
join:2000-12-14
DamnFlat, OH
clubs:
| reply to joebear29
They want to make examples, not friends. I doubt there will be any hug and a handshake settlements offered. It's the classic prisoners' dilemma, if some take settlement they win and most traders loose, if all take settlement they win and all traders loose, if all traders fight like hell, they loose on all fronts. |
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MrBradTX
join:2001-05-23
Carrollton, TX
·RoadRunner Cable
| CDs or not, it's no defense
From the article:The woman, known so far only as "nycfashiongirl", is being sued for sharing as many as 900 files on her PC, but argues that the songs all came from CD's the family owned. The copyright infringement isn't that "nycfashiongirl" had copies of songs on her PC; it's that she was offering copyrighted works to others without the consent of the copyright owners.
Where the songs originally came from is irrelevant. "I own the CDs" is not a defense. |
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