RIAA Sues Yet Another Person Without A Computer
from the sense-a-trend? dept
This isn't even close to the first time something like this has happened, but the RIAA has (once again) sued someone who doesn't own and has never used a computer, claiming she was helping to destroy the music business by sharing music. Maybe she was singing too loudly? More likely is that they screwed up again. The woman in question is likely to file a motion to dismiss the case, for obvious reasons. It's quite likely, actually, that the RIAA will back down and drop out before that's even necessary. However, the problem is that this keeps happening. What it means is that the process the RIAA uses to accuse people of file sharing is clearly problematic. And, while the RIAA backtracks on cases where it's obviously screwed up, it's much more difficult in cases where someone does own a computer. For those who are getting sued, though, it might make sense to gather up a list of these cases to demonstrate that the method is anything but reliable, and use that to produce reasonable doubt concerning the RIAA's claims.![Hide This Hide this](https://ii.techdirt.com/s/t/i/topclose.png)
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WEB OF LIES
Offtopic but also annoying about this article, the so-called permenant link, "Will change if updated in subsequent month". What the fuck? Am I the only person that understands what the definition of permanent means?
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Re: WEB OF LIES
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Re: WEB OF LIES
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Re: WEB OF LIES
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WEB OF LIES you are officially a moron
not only that but the statement you made is also a fallacy of logic(begging the question, circular reasoning, petitio principii), the truth of your premises is claimed by you(without any actual proof), therefore your conclusion is assumed.
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Re: WEB OF LIES you are officially a moron
Microcomputer would have also been accepted but alas that term has gone the way of the dodo thanks to morons like you that water down definitions.
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Re: WEB OF LIES you are officially a moron
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Re: WEB OF LIES you are officially a moron
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Re: WEB OF LIES you are officially a moron
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Re: WEB OF LIES
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Re: WEB OF LIES
http://daimyo.org/files/images/atm_bluescreen.jpg
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Re: WEB OF LIES
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Random name draw
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Re: Random name draw
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Any one who...
If this is like previous cases.
It isn't IP spoofing since you can't spoof the IP of a computer that doesn't exist. (unless the cable company thinks the P2P was running on her digital cable box)
I have to guess that this is comcast or another cable company where the connection provider insists on being the ISP too.
So RIAA says here is the IP and info of the person infringing on copyright. Can you please provide the name and address.
ISP goes "here it is," but gives them the name of a customer that never had a computer. Because the records are all messed up.
RIAA is not being smart on the PR end of it. But in general with intellectual property law if you are not aggressive in protecting it once you know there is a violation, you can lose the right to protect it at all.
RIAA is out there, because some people are at worst dishonest or at best ignorant. It is illegal to publish and distribute copyrighted materials and when you list them on a service with hundreds of thousands of users, that is not fair use, it is publishing and distributing.. end of story.
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Re: Any one who...
You didn't complete that statement with an explanation other than something about law. The law should never be the arbiter of your morality because it's simply broken and immoral. It exists to make it easier for big business to make large land-grabs, to prevent you consuming certain types of herbs and seditious literature and to protect itself. The law is an ass and those who practice it are pigs.
That said, I think artists should be compensated for producing something they poured their heart and soul into, bot ONLY if it's really something they poured their heart and soul into. Britney, Justin and "J-Lo" are not artists. This is what is being defended here - empty major label calories.
If I set up a business where I decided to sell dog turds at exorbitant prices and spent millions convincing people that they really need dog turds. Dog turds will enhance your every day and make you the life of the party - the latest dog turd is different to and better than all the dog turds that came before and so on... Then people, after say 20 years, start to realise that they can scrape dog turds off the pavement that are just as good as the ones in my shop... Can I sue them? Or was my business model fucked to begin with? I mean, selling shit... How CAN it work? Well, it doesn't and it's over. Then what about if people start hand crafting dog turds of higher quality and won't sell them through me but go independent, then I find people are buying the good turds but still scraping the ones off the street that are like mine? Do I take a chance and spend some time and money on these quality turds or do I pound everybody's head flat until they go back to paying premium for my standard turds of pavement quality?
People are "stealing" this crap because it's not worth buying. I bet they'll start buying again when the large record labels grow some fucking cojones and start signing artists. You know, artists - producing art, not this mindless, "everything's great!", party garbage that infests every single FM radio station from Tokyo to LA the long way round.
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My take.
I guess my point is this: CD's are made to break, just like vaccum cleaners. If someone wants to download Arials instead of buying the same System of A Down CD for the fourth time in a row, then LET THEM! And if someone else wants to share Arials then let them too. Don't sue them for trying to do the rest of us a favor when your crappy media fails and certainly dont sue the nice old lady down the street who doesnt own a computer.
Holy CRAP! Is there no end to the GREED of the record industry! First you charge a consumer for music which you didnt create on inferior media that is designed to break down. You rape the consumer on the price and you rape the musician on their cut and take 95% of the profits. Then you sue people claiming they "shared files" who dont have a computer and probly still listen to all their music on 8-tracks and vinyl!
The RIAA deserves to be anal raped in a dirty prison shower room.
The End.
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Re: My take.
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Re: Any one who...
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i'm against file sharing for the most part...
but i'm also against companies killing up with thier prices...
so i'm torn.
so i stay out of this most of the time.
i just listen to the radio... and use open source software.
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No Subject Given
I'd like to see the complaint (wherein the plaintiff alleges what the defendant did wrong) . . . and the next person who gets this kind of treatment should consider a counter-suit.
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Has anyone?
Speaking as a musician who fully supports free sharing of his music, I hate the corporate suits against people whom 99% of artists have no problem with.
Proving that the RIAA's legislative method is flawed on a basic level is something that every proponent of fair use should be looking for.
If they're suing people who have no computers... it shouldn't be that hard to prove...
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Civil Suits
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Losing a lawsuit
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Re: RIAA buys their stuff from the toilet store
~SmallTwig
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Re: Losing a lawsuit
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No Subject Given
- Hunter S. Thompson
A little snippit from goggle i would like to share with you
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record companies profits into the drug dealers poc
But the money rock stars make
from legal record sales ends up in exactly the same place. When they stop breaking the law, so will I.
http://www.viz.co.uk/?domain=viz&page=%2Fletterbocks%2Fletterbocks_story.php%3Ffb%3D1%26id%3D493
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Best way to deal with the RIAA
Buckethead has a few CD's that are noted as "warning" on riaaradar.com, but the majority of them are not. And when i say majority, i mean he puts out a LOT of records, under his name and in collaborations with other musicians.
Once i get my cd in the mail (since most record stores don't carry any buckethead cds, just that one cd from the 'Bucketheads" [?] ) i quickly yet tenderly extract it from its package and make a dupe of it. Then i put it back in its case and stash it away with the rest.
If anybody else likes what i am playing and wants a copy, i make a copy for them and hand it to them. If anything, this will help the Artist by letting that one person know of buckethead and maybe they'll do a search.
Anyway, Buckethead makes a lot of records a year, as opposed to one every two years like most RIAA slaves. I really think that is what artists should do; don't bet that ONE song on your crappy album will make you the millions.
anyway, i have said enough.
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Get sued and you're innocent?
Countersue for defamation.
Go to the press.
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Legal downloads
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Re: Legal downloads
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Anecdotal Evidence
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Thank your lucky stars..
A 5% per download return for the artist is ridiculous.
Screw their distribution model.
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