RIAA caught with pants down.

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Lemon law

Lemon law

Lifer
Nov 6, 2005
20,984
3
0
If I have the right case, my recollection is that the RIAA was asserting that her computer was used to download songs. And the the real perp was not the mother, somewhat not her daughter, and was in fact some underage friend of the woman's daughter. And in fact, the woman herself had insufficient computer knowledge to even begin downloading any songs.

But it becomes shocking incompetent for the RIAA to not be able to produce records proving when a given piece of copyrighted software was downloaded or the dates in question. Just incredibly incompetent.

This RIAA tactic also becomes a threat to everyone who does not have state of the arts computer security. Especially anyone who has any kind of wireless network. Because a knowledgeable hacker can make it appear that some other computer is doing the downloading, when in fact its really another computer. And also may raise the question--what kind of illegal tactics is the RIAA using to gain what little knowledge they have of the data on other peoples computers? After all, SONY already got nailed
for root kitting computers which is a serious invasion of privacy. And could be used in many other ways other than to just detect illegal music downloading.

But yea hoorah---a victory for the powerless---and hopefully the end of RIAA extortion tactics.
 
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Aisengard

Golden Member
Feb 25, 2005
1,558
0
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Man, this is a lose-lose-LOSE for the RIAA. I like the end sentence - if the RIAA shows its attorney bills aren't that much, then it just shows that the RIAA are reckless. If they are high, then they have to pay this woman money, plus it's idiotic because they're spending more money than they ever allegedly lost, on one person. I love it.
 
Jeff7

Jeff7

Lifer
Jan 4, 2001
41,596
19
81
Wouldn't it be nice if this reverts back into an out-of-court settlement, only with the RIAA making the payment? :laugh:
Till March 26th they have to present their cost documentation. I wonder if anything will come of it then?
 
Lemon law

Lemon law

Lifer
Nov 6, 2005
20,984
3
0
It may be precedent setting. If I have the case right, the gal they sued could not afford an attorney---and if she had hired an attorney she may well have lost---with many knuckling under to RIAA extortion tactics under the same reasoning--its cheaper to pay than fight and and maybe win. But this gal finally found the RIAA's Ackilles heel--namely that the RIAA's documentation was so non-existent that they had nary a leg to stand on.

But now comes the weird part---in an traditional civil suit where defendant and plaintiff are both represented by attorneys---the losing side pays the attorney fees of the winning side.
With a $100.00 plus an hour being an court award norm for attorney work. But when the the winning side represents work done by a non-attorney---they traditionally get zero dollars an hour for equal work for their troubles. I hope the judge is far more rational in this case---and if not---we should be taking up a collection for one courageous lady.

And also boycotting any music labels that support the RIAA.
 
Thump553

Thump553

Lifer
Jun 2, 2000
12,740
2,517
126
There is a special law the was passed through Congress that awards actual attorney fees to the prevailing party in cases like these. What do you think Hollywood was buying with all its campaign contributions?

There's nothing really unusual about this case-whatever the RIAA pays will be a cost of doing business. Right now these type lawsuits are an enormous cash cow for the RIAA and it's lawyers, and to a far lesser extent, the actual artists involved. What we have to decide, as a society, is that is it more beneficial to society as a whole to for us to pay for the judges, courts, etc. to support this litigation than to bear the costs of widespread pirating of intellectual property. Personally, I think we have been sold a pig in a poke and that the corporate music world is neither an industry worth protecting or de facto subsidation.
 
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Icepick

Diamond Member
Nov 1, 2004
3,663
4
81
Originally posted by: Lemon law
And also boycotting any music labels that support the RIAA.
Click to expand...

This is really the only way this foolishness will ever come to an end. Collectively, we have to hit them where it hurts. If more consumers stop pumping money into the organization and cite this behavior as the reason then perhaps they will abandon these frivolous lawsuits.
 
Thump553

Thump553

Lifer
Jun 2, 2000
12,740
2,517
126
Originally posted by: Icepick
Originally posted by: Lemon law
And also boycotting any music labels that support the RIAA.
Click to expand...

This is really the only way this foolishness will ever come to an end. Collectively, we have to hit them where it hurts. If more consumers stop pumping money into the organization and cite this behavior as the reason then perhaps they will abandon these frivolous lawsuits.
Click to expand...

An exellent internet radio station that plays only non-RIAA music:

Whole Wheat Radio

Also, think of the EFF (Electronic Freedom Foundation) the next time you are making a charitable contribution.
 
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