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View Full Version : RIAA sues man w/o computer


efc
December 4th, 2003, 03:42 AM
Music Industry Targets Even Computer-Less
Wed Dec 3, 6:15 PM ET

By TED BRIDIS, AP Technology Writer

WASHINGTON - The recording industry has filed 41 more lawsuits against computer users in at least 11 states it said were caught illegally distributing songs over the Internet, continuing its aggressive campaign against online music piracy.

The latest copyright suits this week bring to 382 filed since the Washington-based Recording Industry Association of America (news - web sites) announced its legal campaign nearly six months ago.

The group's president, Cary Sherman, said the group has no plans to cut back, even as media coverage over the continuing lawsuits wanes.

"People who engage in illegal file-sharing should be aware, whether or not they hear about it this month, that doesn't mean the enforcement program has been reduced in any way," Sherman said. "If anything it will be increased."

The recording industry is monitoring popular Internet services where computer users can download song files, searching for people illegally distributing the largest music collections. Court-issued subpoenas compel Internet providers to identify their customers linked to the online accounts used to download songs.

Among the RIAA's recent targets is retiree Ernest Brenot, 79, of Ridgefield, Wash., who wrote in a handwritten note to a federal judge that he does not own a computer nor can he operate one.

Brenot was accused of illegally offering for download 774 songs by artists including Vanilla Ice, U2, Creed, Linkin Park and Guns N' Roses.

Brenot's wife, Dorothy, said she and her husband were stunned by the claims, offended at the suggestion they listened to such music. Brenot was targeted in the previous round of 80 suits the recording organization filed late in October.

Brenot and her husband said their son-in-law briefly added Internet service to their own cable television account while living with the couple because Comcast Cable Communications Inc. said it would add a surcharge to send separate bills to the same mailing address.

"There's a mistake in this case," Dorothy Brenot said. "We're innocent in all of this, but I don't know how we're going to prove it."

The 41 most recent suits were filed against Internet users in Massachusetts, Colorado, Arizona, Connecticut, New Jersey, Wisconsin, Florida, Tennessee, Georgia, Illinois and Washington.

The recording industry also said Wednesday that it has reached financial settlements against at least 220 computer users. Defense lawyers familiar with some of the cases have said penalties ranged from $2,500 to $7,500 each.

Big Booger
December 4th, 2003, 05:04 AM
Surely they can prove that they don't own a PC and don't have an internet connection?

I want to know how the RIAA got the guys Name and address if they don't have an internet connection?

egghead
December 4th, 2003, 05:29 AM
RIAA sues man in Microsoft toilet.

j/k


egghead

zipp51
December 4th, 2003, 07:12 AM
RIAA sues Sherman for downloading old Nazi propaganda songs."It's legal",said Sherman," I got permission from a guy in Brazil so there". j/k :D

tons of fun
December 4th, 2003, 20:56 PM
The R.I.A.A. sickens me.......... ........this is too funny!!!!!!!

cash_site
December 5th, 2003, 02:43 AM
next we'll be sued for watching MTV and copyrighted music vids :mad:

Cokedawg99
February 17th, 2005, 17:38 PM
I need help.... we are being sued for downloading music illegally off of imesh.... we recieved a supena and now they say we have to settle for a large amout in 90 days that we cannot pay for... what do we do.. someone please help!

efc
February 17th, 2005, 18:00 PM
Get a lawyer. Now!!!!!

This is the time you need one of those slimy, bottom feeding creatures working for you.

When it is all over, come back and tell us what happened.

Cokedawg99
February 17th, 2005, 18:06 PM
That is the problem.... we can't afford one... we can barely afford rent.... we have 90 days to pay them or else they will continue the suit... what will happen? i've been reading on the net about their supenas not being legal.. is that true?

FastGame
February 17th, 2005, 18:34 PM
Well if your really guilty then you have two choices...

1. Agree to the RIAA 90 day settlement.

2. Get a Lawyer and fight it and hope for the best.

If your not guilty you have three choices....

1. Succumb to RIAA extortion.

2. Get a Lawyer and fight for your rights.

3. Apply for a job making Pepsi commercials.

In this 90 day thing will they let you make payments ? if they will I know how you can stick it to them legally ;) this plan will also work if you go to court and lose :)

Isn't there some Anti-RIAA Legal support group somewhere ?

efc
February 17th, 2005, 18:43 PM
The RIAA has made a lot of mistakes with supenas, however they have collected most of what they have sought in damages. The law is in their favor. We hate the way they prey on the weak. The law is on their side and they win consistently.

As far as not being able to pay for a lawyer, you have no choice. It is going to cost you big money, no matter what you choose to do. You either pay up or make a fight of it. A lawyer is the only one that can tell you if you have a chance at fighting.

Most lawyers will give you a free meeting to determine whether you have a case. Call around for an appointment. Don't ignore the supena and good luck.

Cokedawg99
February 17th, 2005, 19:16 PM
No it has to be paid in full.... if they take me to court wouldn't it cost them more money than what they would get from me? Thanks for the help guys it really means alot

FastGame
February 17th, 2005, 19:43 PM
if they take me to court wouldn't it cost them more money than what they would get from me?
I don't know for sure but I think they also sue you for court cost & legal fee's.

cash_site
February 17th, 2005, 23:03 PM
That is the problem.... we can't afford one... we can barely afford rent....

No saying its true or not... but you can afford the high-speed internet connection with a good enough computer with loads of HD space??

If it is true, might be time to sell computer, pay bills and just listen to radio. sorry dude, it must be a nightmare...

do a search for the anti-RIAA Help forum... Im sure someone can help.

fatalfury
February 18th, 2005, 04:25 AM
how many songs are we talking about here that you have on your computer? can you find some friends to loan you all those cds?

GimieGimieGimie
February 18th, 2005, 08:29 AM
how many songs are we talking about here that you have on your computer? can you find some friends to loan you all those cds?

This is a sweet idea! :)

rohitk89
February 18th, 2005, 10:23 AM
3. Apply for a job making Pepsi commercials.

wat? lol..

FastGame
February 18th, 2005, 12:08 PM
wat? lol..
Two years ago Pepsi made a Super Bowl commercial with some girls that got busted by RIAA, to help them out.

sorry was a bad joke :o

Big Booger
February 18th, 2005, 12:21 PM
Tell them your computer was hacked and the hacker used your PC to upload and download files without your consent or knowledge.

You will need a lawyer either way.


Also, contact the EFF:

http://www.eff.org/about/contact/

They might be able to offer assistance. I'd also consider taking a good long read of the DMCA:

http://www.copyright.gov/legislation/dmca.pdf


You could sell something on Ebay, to raise funds for your defence. Sell a copy of the Subpoena.. or something so that you can generate some cash to fight them.

Next, don't admit anything until you speak to a lawyer.

YOu might even consider contacting the ACLU, and see if there is anything that they can help you with:

http://www.aclu.org/

If you do go on with the suit, COUNTER-SUE the RIAA for harassment, liable, tort actions (after receiving the subpoena, you were so "distraught" with mental anguish you fell down and hit your head on a coffee table), etc... *consult a lawyer on the counter-suit. Even if you lose, you might be entitled to an appeal.

Contact law students (perhaps they can help you prepare your case and it will give them some much needed experience).

Having files on your PC is not illegal as long as you own them. The RIAA obviously downloaded the files. So they are committing the crime.. not you. Just make sure that you OWN the CDs that contain the tracks that you made available and that the RIAA verified you have.

Providing that, I can see no reason how they could convict you in a court of law.


This is what the EFF has to say about the RIAA suits:

[quote]"The most important issue is that if you are innocent, if the RIAA has screwed up, it is critical that individuals have the ability to challenge the subpoenas before their identities are compromised," said Fred von Lohmann, an EFF attorney."

Contact Fred vod Lohmannohman:
Fred von Lohmann
Senior Intellectual Property Attorney
Electronic Frontier Foundation
fred@eff.org
+1 415-436-9333 x123

Hope that helps man.

Cokedawg99
February 19th, 2005, 00:29 AM
Had over 600 songs but no cd's were made... of course they don't believe that. Thanks alot guys!

Cokedawg99
February 26th, 2005, 20:27 PM
Got the settlement papers in and i have a question.... I am being sued for downloading music off the net or sharing the music???? Because they also sent me copies of all my music files when they cracked into my computer and at the bottom of imesh 4.5 it says that my file sharing is off... so if they are suing me for sharing i can use that for my defence... if i'm right i am gonna counter sue those dicks and shut that damn company down!