Plaintiff countersues RIAA for extortion and racketeering

I just posted the article Plaintiff countersues RIAA for extortion and racketeering.

 mendoman and SynthesisDS both used our     news  submit  to tell us about this story that is stirring  up some contraversy around the net. One of th plaintiffs  accused of copyright...
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Is there any placce we can donate her ? I’d love to see RIAA getting convicted :slight_smile:

It didn’t work for those suing DirecTV for the scare letters they send out. Pretty sure it won’t work here.

brave of her…but if she looses…she has to pay the full costs. I wish her good luck

The courts will no doubt be sick of the RIAA as we all are,let us pray this person who has the guts to stand up to a body which supports price fixing,breaks it’s own laws(and other laws such as placing corrupt files online) wins this against the RIAA. I’d say the RIAA is racketeering,within themselves they fix prices therefore extorting money by deception. They probably take turns to discount a few cents per album. I wish her all the best of luck in the world maybe a fund should be started so people can donate t ohelp her cause.

I would love to see someone refuse to settle. I don’t see how they could prove in court that you ever downloaded anything. In my house there are several people who have access to my computer and since I use a wireless network it would be easy for someone to download while making it look like I did it. If enough people refused to settle it would bust the RIAA’s legal funds.

VioletHue as for all the people in the household it is only the one who registered for the isp which would be named or they could name all in the household if different screen names where used, as for the offering to settle instead of pursuing a case where liability could reach into the hundreds thousands of dollars, this is done every day in criminal courts in the USA. As they say it keeps the prosecutor’s conviction numbers up.You may say I have a first hand look at this…

Let’s see what the best tactic might be…first, the accused should be a person/family with small to little assets…less to somehow be ‘attached’ in case of a loss…further, RIAA and other litigants often check the credit rating to see if “anything can be won”! Find an attorney, or note, willing to take the case pro bono or for a reduced cost. In America “everyone” cheers for the under-dog-little-guy! Be clear…persons ahring files don a grand scale, or for profit deserve the rath of enforcement. On the otherhand, threats (aka “deals”) clearly raise the spectre under which the RIAA “steps close to the line”… Mostly (not withstanding the Bush Asmin policies), sueing vs winning is far different…even in the USA. Another tactic, with on a fair-quality attorney, endless postments and delays (obtained easily on simply minimal paperwork and very easily accomplished…delay…delay…delay . Further, (as mentioned in some comments above), if the “named party” is not the “offending party” then likely the suit will fail. I’m not lawyer, but with 40 years business experience I know that SCARE is what is being done here. Anyone who has ever “won” in most courts know that there is a big difference between getting a favorable judgement (court rules against a party) and actually collecting any money damages. As far as I know, all of these cases are civil in nature (that is party vs party) and not criminal (Gov’t vs party)…therefore, the Gov’t have LITTLE interest in becoming a collection agency. At worst (really worst) a loss means the court says "the defendant should pay nnn amouint and costs. So…yet again, this does not mean that the GOV’T will begin taking your money the next day/week/ month. This would involve…yet again, further action by RIAA to try and enforce and collect $$$s!. Finally, if you are a “typical” American, you owe ~ >$10,000 in credit card debit and have little savings, have mortgageed your house to the max…so if you’ve got little to loose why not resist this “blackmail”. my view… ps…The above is an informed opinion…not legal advice:)

k9cop, are you saying that if you are the registered isp account holder that you are responsible for everything that gets downloaded on your computer? We are not always there to supervise. We can’t be held accountable for the actions of others. Let’s say maybe their kids (minors or not), roomates, visitors or someone just accessing your wireless router from the neighbor next door…how can this be proven that you did it?

AFAIK the one who owns the connection is responsible for what is done with it. Kids are ofcourse always the parents responsibility.

so if my wifi net is used to d-load a file by a wardriver or neighbor without my knowledge or consent I am responsible for their actions ? RIAA = :+:r

Guys, one thing to remember- the RIAA is looking for people with large shared folders containing 100’s if not 1000’s of files on an IP that are available for download. Not the downloaders. They are looking at these people because they are vulnerable. However, the MPAA IS looking for downloaders of movies. I really don’t think that someone that was hit by a drive by download would be litigated against by the RIAA Having said that, I would not recommend keeping movie files on a wireless network that was not secure. Due tothe MPAA.
[edited by Crabbyappleton on 19.02.2004 23:13]

This sort of litigation could go on as a lunge and parry affair ad nauseum (as it has) what is needed is a catalyst , and that catalyst would involve someone doing time. Harsh as it sounds, I believe this is what it would take to form a united front to take these corporate bullyboys down… Keep in mind the controversy stirred up by the charging of the grandmother and the 12yo…so what we need here is a matyr (or matyrs)…any volunteers…:X

Keep in mind here these pricks with ears need our dollars, they crave our dollars, their existance relies on our dollars (well, mebbe not those scheming corporate dogs that have illigitmate business on the side)…so if your going to post your disaproval here AND then go and buy an album or single…Hey don’t bother typing a response, I’ll bend over and you can blow your hot air up my arse…:X