RIAA readies Maxim Gun for 2nd Round of Lawsuits

MKSheppard · Post by **MKSheppard** » 2003-10-18 08:34am

http://www.washtimes.com/business/20031 ... -6358r.htm

Music industry plans second round of suits

By William Glanz
THE WASHINGTON TIMES

The music industry plans to sue hundreds more in a second round of legal action against people who illegally share copyrighted song files over the Internet.

The Recording Industry Association of America (RIAA) has sent letters to 204 persons since Monday, saying they will be sued unless they settle copyright infringement charges.

In a wave of lawsuits last month, the industry group sued 261 persons.

By notifying file sharers, the RIAA is bowing to pressure from Sen. Norm Coleman, Minnesota Republican, who criticized the industry group's tactics when it filed the initial round of lawsuits.

Many people found out from reporters they had been sued, and Mr. Coleman asked RIAA Chairman Mitch Bainwol during a Sept. 30 hearing to warn people before beginning another legal assault.

"We take the concerns expressed by policy-makers and others very seriously," RIAA President Cary Sherman said in a statement yesterday.

Critics of the recording industry said the group's plan to sue more file sharers came as no surprise.

"They've been saying for a while they would do this," said Wendy Seltzer, staff attorney for the Electronic Frontier Foundation, a San Francisco group that promotes digital rights for consumers.

In letters mailed this week to targets of the latest antipiracy offensive, the recording industry warned people they "intend to file a lawsuit against you shortly for copyright infringement. ... The record companies take copyright infringement very seriously" and artists "all depend on the sale of recordings to earn a living."

The letter also advises people they can avoid litigation by admitting guilt and paying a settlement.

"In light of the comments we have heard, we want to go the extra mile and offer illegal file sharers an additional chance to work this out short of legal action," Mr. Sherman said.

The recording industry settled with 52 persons last month. Terms of the settlements and the names of people who decided to settle haven't been disclosed. The family of 12-year-old Brianna LaHara paid a $2,000 fine after the recording industry charged her with copyright infringement.
Many more people sued in the initial wave of 261 lawsuits are expected settle charges with the RIAA.

By letting people know lawsuits will be filed against them, the recording industry also could avoid the public relations debacle that occurred last month when a Boston grandmother mistakenly was sued. Copyright infringement charges against Sarah Ward were dismissed when she convinced the recording industry she didn't have file-sharing software on her computer.

Michael Friedman, a lawyer who heads the entertainment practice at New York law firm Jenkens and Gilchrist LLP, said it is not clear how effective the recording industry's legal tactics have been in reducing file sharing.

File sharing on the popular Kazaa peer-to-peer network fell almost 50 percent over the summer, prices for CDs have come down and consumers are migrating to legitimate online music sites such as Apple's iTunes, Mr. Friedman said.

Research firm Nielsen/NetRatings said 7 million people used Kazaa's file-sharing application during the week of June 1. The recording industry began to gather evidence about file-sharing activity on June 29. By Oct. 5, the number of people using Kazaa had fallen to 3.6 million.

The 204 persons targeted by the recording industry are being accused of distributing an average of 1,000 copyrighted music files each, according to the RIAA. Copyright law allows the industry to collect $750 to $150,000 for each song file distributed.

More lawsuits are likely even after this second wave. The recording industry has filed at least 1,633 subpoenas to gather information about suspected file sharers.

Separately, more than 900 people have avoided litigation by signing an affidavit admitting they swapped song files and promising to stop.

Spyder · Post by **Spyder** » 2003-10-18 08:58am

Unless they have some bold plan for shutting down all non-US nodes then they're not going to get very far.

Hell, even in New Zealand's file sharring community I've been able to find all but the most obscure of the obscure.

SirNitram · Post by **SirNitram** » 2003-10-18 10:37am

Someone really needs to ram the AHRA down their throats.

Wicked Pilot · Post by **Wicked Pilot** » 2003-10-18 12:26pm

This is what we commonly refer to as desperation.

Durandal · Post by **Durandal** » 2003-10-18 03:20pm

Steve Jobs said it best when he said, "We're competing with illegal downloading. We're not suing it, we're not pretending it doesn't exist, we're competing." That's what the RIAA doesn't get.

neoolong · Post by **neoolong** » 2003-10-18 03:52pm

Durandal wrote:Steve Jobs said it best when he said, "We're competing with illegal downloading. We're not suing it, we're not pretending it doesn't exist, we're competing." That's what the RIAA doesn't get.

Makes you wonder what would happen if alcohol and tobacco companies started suing drug dealers and users.

Tsyroc · Post by **Tsyroc** » 2003-10-18 07:11pm

The next step?

Ender · Post by **Ender** » 2003-10-19 01:35am

I am just waiting for these guys to sue the wrong wackjob and get a bomb sent back to the address the lawsuit came from.

It's gonna happen. Too many people fucked up in the head and royally pissed off at the megacorporations are out there and they are gonna nail the wrong bastard on the wrong day. Mark my words, it will happen.

darthdavid · Post by **darthdavid** » 2003-10-19 01:43am

Hopefully it's a briefcase nuke...

Ender · Post by **Ender** » 2003-10-19 01:46am

darthdavid wrote:Hopefully it's a briefcase nuke...

Because lord knows we want to revel in the deaths of thousands and see huge chunks of a city laid to waste because we disagree with a corporation, right?

You are a fucking idiot. Please try to restrain your stupidity in the future.

Darth Fanboy · Post by **Darth Fanboy** » 2003-10-19 04:25am

Ender wrote:
darthdavid wrote:Hopefully it's a briefcase nuke...
Because lord knows we want to revel in the deaths of thousands and see huge chunks of a city laid to waste because we disagree with a corporation, right?

You are a fucking idiot. Please try to restrain your stupidity in the future.

So a more conventional bomb that kills the poor saps who open it and the people at the core of these lawsuits is going to be any better?

StimNeuro · Post by **StimNeuro** » 2003-10-19 07:37pm

Darth Fanboy wrote:
Ender wrote:
darthdavid wrote:Hopefully it's a briefcase nuke...
Because lord knows we want to revel in the deaths of thousands and see huge chunks of a city laid to waste because we disagree with a corporation, right?

You are a fucking idiot. Please try to restrain your stupidity in the future.
So a more conventional bomb that kills the poor saps who open it and the people at the core of these lawsuits is going to be any better?

Actually, it would be better because it would kill less innocent people. Also, if you re-read Ender's post, you'll note that he never said he would be happy that it would happen, just that he believes a corporation will eventually be bombed for sending out lawsuits.

Uraniun235 · Post by **Uraniun235** » 2003-10-19 08:00pm

Who the fuck needs a briefcase nuke when they can put together a cheaper bomb in the form of a truck full of fertilizer?

Ender · Post by **Ender** » 2003-10-19 10:23pm

StimNeuro wrote:
Darth Fanboy wrote:
Ender wrote:Because lord knows we want to revel in the deaths of thousands and see huge chunks of a city laid to waste because we disagree with a corporation, right?

You are a fucking idiot. Please try to restrain your stupidity in the future.
So a more conventional bomb that kills the poor saps who open it and the people at the core of these lawsuits is going to be any better?
Actually, it would be better because it would kill less innocent people. Also, if you re-read Ender's post, you'll note that he never said he would be happy that it would happen, just that he believes a corporation will eventually be bombed for sending out lawsuits.

Thank you.

darthdavid · Post by **darthdavid** » 2003-10-19 10:29pm

In respect to my above post.

Ender · Post by **Ender** » 2003-10-19 10:45pm

darthdavid wrote:In respect to my above post.

There is absolutly nothing in that post indicating that was the case. If that is you being sarcastic, you really need to work at it.

Spyder · Post by **Spyder** » 2003-10-20 12:51am

Ender wrote:There is absolutly nothing in that post indicating that was the case. If that is you being sarcastic, you really need to work at it.

When someone mentions detonating a briefcase nuke in a building full of people they're either not entirely serious or a terrorist

StimNeuro · Post by **StimNeuro** » 2003-10-20 05:59pm

Spyder wrote:
Ender wrote:There is absolutly nothing in that post indicating that was the case. If that is you being sarcastic, you really need to work at it.
When someone mentions detonating a briefcase nuke in a building full of people they're either not entirely serious or a terrorist

Well, we never can tell who is a terrorist and who isn't. Darthdavid never gave out his location, he could be sitting in an Afghani cave right now plotting our demise.

Stormbringer · Post by **Stormbringer** » 2003-10-20 06:35pm

Enough with the bombing crap. Sarcastic or not it could get people in trouble so knock it off.

Asst. Asst. Lt. Cmdr. Smi · Post by **Asst. Asst. Lt. Cmdr. Smi** » 2003-10-20 07:02pm

Yeah, sue people that's the ticket! Forget about cutting CD prices, increasing the quality of music, or starting your own pay for music site!

Spyder · Post by **Spyder** » 2003-10-20 07:49pm

Someone wil owe me a coke if people end up just getting files from China or somewhere similar if the RIAA is successful.