This is why the RIAA can burn in hell

[giza]

From http://trends.newsforge.com/trends/06/07/20/1651223.shtml?tid=147"

Beckerman is highly critical of the typical procedure in these cases -- and of judges who do not understand the technical issues involved. He describes the cases as beginning with an investigator locating a folder with copyrighted songs on a file-sharing network such as Kazaa. Without further research, the investigator takes a screenshot that shows only the text and meta-data. Through what Beckerman calls a "concealed process" -- a phrase that hints darkly of collusion and violation of privacy -- the investigator associates the folder with a dynamic IP address. The RIAA then issues a series of John Doe law subpoenas (ones brought against anonymous defendants) to obtain the name and address of the subscriber associated with that IP address.

These cases are brought in a city far away from the person who is about to become the defendant. Typically, defendants learn about the request for personal information only a few days before the hearing, and have no idea that they are about to be sued. "They don't have copies of court orders or any papers filed," Beckerman says. "They have absolutely no way to resist." Some learn about the subpoenas only after they receive a court order directing them to turn over their personal information. He describes this maneuver as "entirely illegal." Pointing out that tracing an IP address to a particular provider is simple, he adds that the RIAA must be "purposefully bringing those cases where they know that the people do not live so that they will get no information of any kind."

And this gem:

After talking in general terms, Beckerman briefly described two of the cases that he believes could have far-reaching consequences. In Elektra vs. Barker, the defendant is a nursing student who lives in a housing project. The defence has made a motion to dismiss, because the case "doesn't specify any acts, dates, or times of copyright infringement as the laws normally require." In response, the RIAA claims that "merely making files available on the Internet is in and of itself a copyright infringement" -- an argument, as Beckerman points out that, if successful, "would probably bring down the entire Internet. Because of the implications of this argument, the Electronic Frontier Foundation, the Computer & Communications Industry Association, and the US Internet Industry Association have intervened on behalf of the defence, and the Motion Picture Association of America and the US Department of Justice on behalf of the prosecution. Potentially, the case could decide the fate of the RIAA cases one way or another. Yet, Beckerman says, "We've received no support of any kind from anywhere."

In UMG vs. Lindor, the defendant "is a home house-aid who's never even used a computer," according to Beckerman. "She's never operated a computer, she's never even turned on a computer. The only connection she has ever had to a computer is that she has on occasion dusted near the parts that she believes are a computer. And yet she is being pursued as an online distributor in peer-to-peer file sharing."

Since Beckerman became involved in the case after it had gone to federal court, he has tried to learn the details of the charges -- so far with little success. "The RIAA is trying to conceal the information about how it conducts its 'investigation,'" he says. "They have stalled every discovery request we've made" -- presumably because to reveal this information would also reveal the weakness of all the similar cases.

Looking out for the rights of artists? My ass.

Comments

[skippyfox.livejournal.com]

Heheh...so according to that first paragraph the RIAA would happily sue me for distributing music without bothering to look up the fact that (hypothetically) I might own the copyright. :P Maybe I should write some songs, spread 'em out, and hope to get sued so that I can counter-sue.

[giza.livejournal.com]

Assuming you don't go bankrupt from legal fees first.

The problem here is that the RIAA intentionally causes delays and uses other tactics to try and drive up the cost as high as possible, therefore making it more attractive to settle.

[rigelkitty.livejournal.com]

It's wildly profitable for them. At an average of $2000 per settlement and approx. 3000 people settling every year, that's $6 million/year, the return on a top-selling album.

[giza.livejournal.com]

Wouldn't lawyer and investigative fees/salaries exceed the $2000 settlement per case?

[thrashbear.livejournal.com]

I remember Lars Ulrich of Metallica defending the RIAA lawsuits a few years ago. I wonder what he thinks of them now?

[rigelkitty.livejournal.com]

If they went to court. So far, few or none of the cases have reached a courthouse because no one can afford to take up court action. When it gets too close, the RIAA just drops the case.

It probably costs them $50 to have each legal notice sent to the offenders ($150,000/yr) and probably $100,000/yr for the sum total of all their "customer service reps" who serve to delay the panicked subjects of the lawsuits and give them the runaround until they pay.

That leaves the RIAA with a net profit of $5.75 million per year from suing their own customers.

[coyoteden.livejournal.com]

WTF? A "folder" with shared files on Kazaa?

When you search on Kazaa, you don't get references to individual users. You get a list of shared files on the network, and your local supernode coordinates downloading chunks from multiple hosts.

So how can any individual be responsible for an act of infringement. Same deal with bittorrent: Maybe that's why the MPAA thinks they can go after trackers, even tho they don't provide any infringing content.

[thefoxes.livejournal.com]

The textbook I just bought for my CIS 110 class mentions music piracy, and also states that it "has not affected cd sales at all, and the individuals downloading music are the ones who would not have bought a cd anyway"

Personally, I get tired of playlists pretty fast so I only listen to iTunes radio :)

[zeeth_kyrah]

Considering the number of people who don't buy Metallica's music these days? ASCAP gives them zilch and people aren't attending their performances (where musicians often have a cut of ticket sales). Oh, horror: these millionaires will have to live on what they've saved over the years, however little it may be. Plenty of artists get less income and just as much financial uncertainty.

[zeeth_kyrah]

I typically build playlists with randomization in mind. Sometimes I only want to hear a particular style or source; but even so, I get tired of the same stuff in the same pattern.

Pisses me off when I buy music and it's all crossfaded.