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story category RIAA Will Still Sue
Ruling a setback, not the end
(old news - 09:15AM Wednesday Dec 24 2003)
tags: legal · Fileswapping
According to the RIAA, their recent legal loss won't be deterring them from filing a new round of lawsuits against file traders "in the near future". Last week the US Court of Appeals for the District of Columbia ruled the RIAA's tactics weren't authorized by law. "This is a disappointing procedural decision, but it only changes the process by which we will file lawsuits against online infringers," said RIAA President Cary Sherman in a statement. "This decision in no way changes our right to sue, or the fact that those who upload or download copyrighted music without authorization are engaging in illegal activity. We can and will continue to file copyright infringement lawsuits against illegal file sharers." As this ABCNews report explores, some attorneys defending file traders who are already sued will naturally be attempting to use the ruling to have their client's cases thrown out.

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Forums » RIAA Will Still Sue
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Flizesh
Premium
join:2003-08-16
Staten Island, NY
clubs:

oh noes!

we ph34r!

cork1958
Cork

join:2000-02-26
Fruitport, MI

Give 'em hell!!

Give 'em hell RIAA. Spend some more of that money that's NOT going to the bands or anybody else's pocket but to your own corporate greedy little palms. Why don't you try and figure a way to sell the music online, legally then? Duh!! A**wipes!!

CO_Chris
Premium
join:2001-08-28
Broomfield, CO
·Comcast
·Earthlink Cable Mo..
·Comcast Digital Vo..

Re: Give 'em hell!!

I have to agree with cork stop going after people and give more money to the bands and lower the price per song to Hmm maybe 59 cents and then i will stop my downloads for sure and buy the songs i only like. But Till then i will keep doing what i am
--
Super Bowl Bound The Houston TEXANS. Well we will have the Super Bowl here this year Anyway

Oleg
Bellsouth Fastaccess
Premium
join:2003-12-08
Birmingham, AL

Re: Give 'em hell!!

said by CO_Chris See Profile:
I have to agree with cork stop going after people and give more money to the bands and lower the price per song to Hmm maybe 59 cents and then i will stop my downloads for sure and buy the songs i only like. But Till then i will keep doing what i am

I agree they need to lower prices on cds. I have no problems buying cds, because I am buying tham form BMG music service, but they only have americans cds

Lumberjack
Premium
join:2003-01-18
Newport News, VA

Re: Give 'em hell!!

So lets all just STEAL for now, that's OK. It's perfectly just to bust into my neighbors house and take his flat screen TV because they are too EXPENSIVE for me. Oh wait, that's stealing from somebody else and not right.

Fine then, I'll go to the DEALERSHIP to steal my new car because it's so EXPENSIVE and the guy that designed it doesn't get anything. So if I steal from the dealership, that will eventually causes prices to drop. Wow, I feel so morally correct!
--
BBr| UT2003 Clan
Cyron

join:2002-09-24
Charlotte, NC

1 edit

Re: Give 'em hell!!

Actually, I went over to my neighbors house and made a perfect replica of his flat panel TV. He didn't seem to mind, but boy was Sony pissed.

Go steal a clue.

Lumberjack
Premium
join:2003-01-18
Newport News, VA

Re: Give 'em hell!!

I forgot it makes it ok to 'copy' things. Hmm, let me go see if the Secret Service will mind if I copy a few $100 bills.

I don't support the RIAAs stupid efforts to sue the world, but if law dictates that copying copyrighted material is illegal and one gets busted for doing just that then I really don't see the problem with them getting sued for financial loss by the company they stole from. Do you?

If you really want to get them where it hurts, stop stealing and only support the bands. Buy records from self produced albums, go to concerts, DON'T BUY it if you think it's expensive. But why steal? Because you can copy byte for byte makes it fine? That's sad. If the band wanted to give it away then they would publish it themselves. Some do, in fact, a lot do. Why all pissy at the RIAA? Why not be pissed at the bands that use them to sell their material?

I suppose people will always find excuses to rationalize their so called 'just' activities.
--
BBr| UT2003 Clan
Cyron

join:2002-09-24
Charlotte, NC

Re: Give 'em hell!!

I never said copyright infringement was legal, or morally right. Sharing music with people you don't know is not the same as stealing a TV from your neighbors house.

Lumberjack
Premium
join:2003-01-18
Newport News, VA

Re: Give 'em hell!!

Sharing music isn't all that bad either. It's the folks who download it for their own without ever buying anything that's the real problem. That probably does more to raise priceses.

My biggest complaint is the morons that use the "the RIAA isn't paying the artist anything so we should be able to take it anyway". It's kinda like a sad ass robbin hood. Steal from the rich, to keep for ourselves. So what, one day the lables may lower their prices and give more to the bands and all the 'stealing' will stop, yeah right.
--
BBr| UT2003 Clan
beers90125

join:2003-07-24
Kankakee, IL
It's a consumer revolution and it's a clear call to the recording industry to reform their decades old business model that is no longer viable in this day and age.
scottgibson2
Premium
join:2000-07-21
Port Charlotte, FL

Why 59 cents. I think that a quarter is fair since the average jukebox is only a quarter per song and you have to pay that every time you play it. And out of that quarter the owner of the box makes a cut plus they have to pay ASCAP and others their fees. The amounts that RIAA wants to charge merely demonstrates the greed factor they operate under. It is a shame the bands and musicians they represent haven't woke up and smelled the coffee yet.

Guess I'll keep recording my stuff off the radio and doing my copy thing that way.

Lumberjack
Premium
join:2003-01-18
Newport News, VA

Re: Give 'em hell!!

said by scottgibson2 See Profile:
It is a shame the bands and musicians they represent haven't woke up and smelled the coffee yet.

Exactly!
--
BBr| UT2003 Clan

AnonProxy
Proxy of Anon
Premium
join:2001-05-12
ß

We need HIGH PROFILE downloaders

Imagine if they caught the ACLU downloading or the Whitehouse, or some Senator.

All we need are a few high profile people being revealed by these john doe lawsuits...and I bet they will "go away".

The RIAA won't sue them...they will lose even more creadability, and in the end...it will be very embarassing for them and costly.

Roundel
Blau Und Weiss
Premium
join:2002-03-24
Westport, CT
clubs:
·Optimum Online

Re: We need HIGH PROFILE downloaders

said by AnonProxy See Profile:
Imagine if they caught the ACLU downloading or the Whitehouse, or some Senator.

All we need are a few high profile people being revealed by these john doe lawsuits...and I bet they will "go away".

The RIAA won't sue them...they will lose even more creadability, and in the end...it will be very embarassing for them and costly.

That Would Be Great, if that happens, it could effectivly ruin the company beyond belief.
--
ANYBODY EXCEPT BUSH/CHENEY 2004 I hope everybody learned their lesson.

SRFireside

join:2001-01-19
Houston, TX

Re: We need HIGH PROFILE downloaders

said by Roundel See Profile:
said by AnonProxy See Profile:
Imagine if they caught the ACLU downloading or the Whitehouse, or some Senator.

All we need are a few high profile people being revealed by these john doe lawsuits...and I bet they will "go away".

The RIAA won't sue them...they will lose even more creadability, and in the end...it will be very embarassing for them and costly.

That Would Be Great, if that happens, it could effectivly ruin the company beyond belief.

That's wishful thinking. By the very nature of Anon's statement you can rest assured nobody will find out about it. It won't get publicly released. There won't be any legal documents because no lawsuit will be made. Everything will be swept under the rug and nobody will be the wiser. For all we know they already have a list of congressman's children and celebrities who they found sharing files, but either looked the other way in fear of bad publicity or took care of the problem quietly.
Elfstone

join:2001-11-14
Bayonne, NJ

said by AnonProxy See Profile:
Imagine if they caught the ACLU downloading or the Whitehouse, or some Senator.

All we need are a few high profile people being revealed by these john doe lawsuits...and I bet they will "go away".

The RIAA won't sue them...they will lose even more creadability, and in the end...it will be very embarassing for them and costly.

...or even better, one of the guys from Metallica.

Wills

join:2001-01-03
Port Charlotte, FL

Re: We need HIGH PROFILE downloaders

Everyone holds a grudge against Metallica for essentially starting this whole mess.

Which they did...

But when things started getting heavy the downloaders all asked for a few simple things.

Cheaper CD prices.
Better music.

Did anyone pay attention to Metallica's last album price? It hit the shelves at $10. Sure it sucked to some, but at least the ones that started this are halfway listening to the people and put out a CD at a lower price like you asked for.

You really can't fault them for that. You can fault them for it sucking, but the die hard Metallica fans still went and bought the CD and they bought it for around 33% less than any other new CD that hit the shelves lately.
--
Abit VP-6 twin 800EB's @ 1002 Mhz.Proud member of the XDC.

Ben67

join:2000-07-08
Monroe, GA

said by Elfstone See Profile:
said by AnonProxy See Profile:
Imagine if they caught the ACLU downloading or the Whitehouse, or some Senator.

All we need are a few high profile people being revealed by these john doe lawsuits...and I bet they will "go away".

The RIAA won't sue them...they will lose even more creadability, and in the end...it will be very embarassing for them and costly.

...or even better, one of the guys from Metallica.

It may seem surprising to some but musicians (pro and semi-pro) are big into filesharing. However most of the musicians I know download a song so thay can learn to play it, yet another violation. Guess they'll have to start suin' bands who play covers in bars and what not 'cause they are profiting from the original artist's work.

JacksGhost
Got Bottle?

join:2002-12-29
Buffalo, NY

Re: We need HIGH PROFILE downloaders

"It may seem surprising to some but musicians (pro and semi-pro) are big into filesharing. However most of the musicians I know download a song so thay can learn to play it, yet another violation. Guess they'll have to start suin' bands who play covers in bars and what not 'cause they are profiting from the original artist's work."

You can play anothers material, not record it however.

Ben67

join:2000-07-08
Monroe, GA

Re: We need HIGH PROFILE downloaders

said by JacksGhost See Profile:


You can play anothers material, not record it however.

I realize that. But if there's people out thare makin money off it it's gotta bother them that they're mot getting a share.

In the end most real artist/musicians just want their music heard and enjoyed by others. When you can put your thoughts and feelings into a song and people dig it and feel a bit of what you were feelng when you wrote it that's what makes it fun.

SKYHN
Lu.. Lu.. Lulululu
Premium
join:2001-09-16
99999

said by AnonProxy See Profile:
Imagine if they caught the ACLU downloading or the Whitehouse, or some Senator.
That would almost be better than capturing saddam
--
"Katherine the Great died while trying to have a horse lowered onto her for sex. I mearley sprained my back." - Michael Caine

Jason Levine
Premium
join:2001-07-13
USA

said by AnonProxy See Profile:
Imagine if they caught the ACLU downloading or the Whitehouse, or some Senator.

All we need are a few high profile people being revealed by these john doe lawsuits...and I bet they will "go away".

The RIAA won't sue them...they will lose even more creadability, and in the end...it will be very embarassing for them and costly.

I thought the same thing at first. Then I realized what would happen. They'd quickly (and quietly) move to settle the suit (probably for a token amount like $1). The worst PR that the RIAA can get isn't from suing a senator. It's from suing 12 year old girls in the projects or grandmas who can't even run Kazaa. It shows everyone that the RIAA doesn't care who they go after in their quest to supplement falling profits with lawsuit money. (This isn't to say that the uploaders aren't engaging in illegal acts or shouldn't be punished, but the RIAA's tactics are like using a tank to kill a fly buzzing through a crowded street.)
--
-Jason Levine
http://www.jasons-toolbox.com/
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bigunk
Gort, Klattu Birada Nikto

join:2001-02-10
Santa Clarita, CA
·AT&T Yahoo

As I recall, Senator Orin Hatch was exposed as a downloader while at the same time advocating a method to destroy the computers of downloaders. I don't think the RIAA sleuths were the ones who caught him, but the irony here is rich. $5 says if he were caught in the RIAA scam, they would not have done a thing to him, or even bother to send him a letter. Quid pro Quo?

On the note of ACLU (American Communist Lawyers Association) downloading...of course they do it! All day long! But their excuse is they are doing research.
--
Unleash the power of mediocrity!

starstuff
Fly By Wire
Premium
join:2001-12-05
Mcallen, TX

Unauthorized tactics...

I have posted before my concerns about the data gathering tactics that the RIAA use. I always thought that there was a potential violation of our civil rights and privacy.

It's like some government agency gets into your home, watches your sister, your mother, your spouse, your grandmother and you take a bath, have dinner, watch tv etc in search for something. After they don't find anything they just leave without you never knowing about it.

I think the RIAA should disclose what tactics they use, who they have surveillance on, how many people they have spied on and their IP addresses. The RIAA should also disclose how many of those people DIDN'T download or upload anything so the can be notified and take the actions that they consider pertinent. Fair is fair.

Qumahlin
Never Enough Time
Premium,MVM
join:2001-10-05
united state

Re: Unauthorized tactics...

said by starstuff See Profile:
I have posted before my concerns about the data gathering tactics that the RIAA use. I always thought that there was a potential violation of our civil rights and privacy.

It's like some government agency gets into your home, watches your sister, your mother, your spouse, your grandmother and you take a bath, have dinner, watch tv etc in search for something. After they don't find anything they just leave without you never knowing about it.

I think the RIAA should disclose what tactics they use, who they have surveillance on, how many people they have spied on and their IP addresses. The RIAA should also disclose how many of those people DIDN'T download or upload anything so the can be notified and take the actions that they consider pertinent. Fair is fair.

the RIAA has no way of "spying" on specific IP addresses etc. All they do is have machines sitting on p2p networks downloading specific works and record the ip addresses of where the machines are getting the files from (hence who is uploading the music/movies/etc)

Thats it, they don't watch your internet activity etc
--
Forum Posts:3504

starstuff
Fly By Wire
Premium
join:2001-12-05
Mcallen, TX

Re: Unauthorized tactics...

said by Qumahlin See Profile:

the RIAA has no way of "spying" on specific IP addresses etc. All they do is have machines sitting on p2p networks downloading specific works and record the ip addresses of where the machines are getting the files from (hence who is uploading the music/movies/etc)

If that is the case... and I hope it is, then they should disclose the tactics they use. The RIAA MUST prove that their method of gathering information is secure, accurate and most important... legal.

I understand that Sherman networks the makers of kazza complained/sued the RIAA for using kazza-lite, a pirated version of kazza for their legal? monitoring. I understand that kazza-lite have anti-tracking options/features that could hide users' ip/identity... so why not fake other people identity? If this is the case then the RIAA incurred in the same crimes that they are persecuting.

1. Using pirated software.
2. Hiding themselves behind k-lite to avoid detection.
3a. Monitoring US internet traffic without a court order.
3b. Other countries may have more strict laws regarding this illegal monitoring, that is why they are only suing US users.

Other concerns I have, where and who did the monitoring? Are these trusted people, employees, hackers? Are these people in the US? India? China? Mexico?

As a software developer I'm against any type of piracy but we should obey the laws of the land, and most important have common sense. In this case I see McCarthyism laws, abuses, corporate corruption and greed steering the RIAA boat.

SRFireside

join:2001-01-19
Houston, TX

Re: Unauthorized tactics...

Actually I think you're mixing two complaints together. Sharman Networks complained about the RIAA hacking Kazaa in order to get the information, thus violating the DMCA. A separate complaint went to the makers of Kazaa Lite for violating the copyrights or patents (don't remember which)of Sharman's baby, Kazaa.

starstuff
Fly By Wire
Premium
join:2001-12-05
Mcallen, TX

Re: Unauthorized tactics...

said by SRFireside See Profile:
Actually I think you're mixing two complaints together. Sharman Networks complained about the RIAA hacking Kazaa in order to get the information, thus violating the DMCA. A separate complaint went to the makers of Kazaa Lite for violating the copyrights or patents (don't remember which)of Sharman's baby, Kazaa.

No... the RIAA used kazaa lite see: »www.tehshadowsite.com/article225.html

I remember seeing other articles about the subject.

SRFireside

join:2001-01-19
Houston, TX

Also it's not the methods they use of finding the information that's the issue. If they use unconstitutional methods they would be blasted in trial or counter suits. The main issue here is how they get the names from the IP addresses (previously by extorting ISP's using the DMCA). Now the RIAA will have to make a subpoena for each and every violator they want to sue instead of one giant lump court order. It will be more time consuming, more costly, and less advantageous for the RIAA to litigate in the volume they have been doing. I am predicting less lawsuits in the near future.

ks_av8r
Premium
join:2003-09-17
Newton, KS

Re: Unauthorized tactics...

I am predicting that they are going to sue themselves out of business. They produce an overpriced, crappy product in a time that the economy is still hurting. So, lets sue people for not buying our overpriced, crappy product. One heck of a business model. I believe it will fail.

BIGMIKE
Premium
join:2002-06-07
Westminster, CA


1 edit

"WARNING: Buying this CD "

 
 
"WARNING: Buying this CD funds lawsuits against children and families" We're putting warnings on major label CDs in stores. Check out our photo-log and get some stickers. GO >> »www.downhillbattle.org/riaa/

»www.downhillbattle.org/

VWSpeedRacer

join:2002-10-06
Essex Junction, VT
clubs:

Re: "WARNING: Buying this CD "

That was awesome - thanks!

"If I only had the nerve" - The Cowardly Lion

jmn1207
Premium
join:2000-07-19
Reston, VA
·Verizon FIOS

Requesting Authorization

Would it be considered spam if I were to send an email to the RIAA requesting authorization to download copyrighted music from some P2P application? Something simple like the following:

Dear RIAA,

Please forward this to the appropriate copyright holder for the song, "Song" by Artist. I am requesting authorization to download this copyrighted title to listen to on my computer and perhaps even burn it to a disk to complete my "Cruising Music" compilation CD. I can only find this song on a CD at the Bend-Ya-Over Music Outlet and it costs $17.99 plus tax. My friend has this CD and I listened to it in his car(I hope that's ok) and decided that I only really enjoyed this one song. The online music services are a bit pricey and pale in comparison to what I currently use to search for music; so, if it's not a bother, I'd prefer to use what I already have.

Thanks a bunch,
Jim

P.S. Why can't Artist make this decision, why do I have to ask you guys? Did you create this song?
jsouth
Jsouth

join:2000-12-12
Wichita, KS

I wonder...

They recently came out and said that cd sales were increasing and profits were up. I wonder what is thier excuse now?
Gwydion8

join:2002-01-04
Beaverton, OR

Regardless... (aka stealing etc..)

Greets,

In the eyes of the "old law" many people wouldn't be stealing... based on interpretation.

There was and still is a federal law that says the owner of a "medium" (cd..video..software..etc..), has the right to make an archival backup. Based on the idea that if you buy a cd or game you "own" that item and are allowed a backup in case your original fails. There is no law that says I have to buy a brand new cd to keep hearing a song I paid for.

Thus if I only downloaded songs I already "owned" they had no case.

Then the melinium (my spelling sux) act came out and was very open to legal interpretation. Basicly saying I had the same archival backup right... but I didn't have the right to make the backup.

If I can't backup things I own... as my legal right is supposed to be... then there is something wrong.

I personally don't download much of anything... and all of it is stuff I've owned or still own. I'm too lazy to make mnp3 copies of old stuff to hear on my computer.

And if you want to talk about stealing...

The RIAA paying people to hack into networks and in general bogging the entire internet down with their "spyware" beyond that even of the file traders... is not exactly legal... and irritates the hell out of me.. that they get away with it.

Just my thoughts..

People will always "steal" breaking the law and causing detremental effects to EVERYone is not a way to fight that fact.
--
I was prepared to explore the limits of my mind.Luckily for me it was a short walk.

Pure
Unacceptable Behaviour

join:2001-05-31
Dallas, TX
·RoadRunner Cable

Screw RIAA! Everyone get KazaaLite(KMD)>>>

Everyone GO GET The Updates
---------------------------

File Trading will NEVER Die!

If not in the US there will always be access to programs such as Kazaalite.
Dont let the RIAA think they even have a chance.

Yes, I read all the negatives about file trading and also read all the positives.

"Frankly my dear I don't give a damn!"

Here is topic discussion and other info >>:
Kazaalite Info.
Here is a site for KMD (update to Kazaalite):
KazaaLite - "Clean KMD"

"I like it I LOVE it I want some more of it!"
--
I'm just a youngster so what would I know! - Thirty years of self taught wisdom - LMAOROFL! -=)--=Pure OUT!=--(=-
trax

join:2002-07-21
Pincourt, QC

Re: Screw RIAA! Everyone get KazaaLite(KMD)>>>

Start buying from the indies folks....only way to get the message across. Music is not made by mooks.
Check out sites like soundclick.com...lot of crap on it..but there's some great stuff if you dig deep enough. If there's something you really like, you can support the artist/band directly.

Kevin83165

join:2002-03-31
Herrin, IL
·Alltel Axess
·Mediacom

RE: Neighboors house

quote:
It's perfectly just to bust into my neighbors house and take his flat screen TV because they are too EXPENSIVE for me. Oh wait, that's stealing from somebody else and not right.
Hey does your neighbor have anything good left, or did you already plunder it all
Forums » RIAA Will Still Sue


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