RIAA Backs Down Slightly After Being Countersued For Trying To Shame Man Into Settling

from the yet-again dept

Tue, Jul 31st 2007 9:50am — Mike Masnick

If you hadn't noticed by now, the RIAA will go to great lengths to get people they accuse of file sharing to "settle" a case before it ever goes to court -- especially when the evidence they have is especially flimsy. However, with the threat of much bigger fines as a possibility, many people feel compelled to simply pay up and move on. Luckily, some people fight back -- and the RIAA almost always ends up backing down when the facts are presented. The latest such case takes place in Tennessee, as pointed out by Ray Beckerman. A soldier was accused of unauthorized file sharing for six songs, but in the evidence filed with the court, the RIAA lawyers included screenshots showing 4,600 files from the guy's computer including pornographic content. The guy claims that this clearly has nothing to do with the case, but is a situation where the RIAA is abusing a copyright infringement claim to try to shame the guy into settling. He still insists he's innocent and that lots of other people had access to his computer at the time the charges refer to. After countersuing over this issue, the RIAA has now backed down from listing the 4,600 files and is now only showing 367 sound recordings that it believes are infringing. Rather than admitting that it was abusing the lawsuit to pressure the guy into settling (and this change is due to the countersuit), the RIAA's lawyers claim they've made this change as a "professional courtesy." How nice of them.

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Filed Under: abuse, copyright, lawsuit, riaa
Companies: riaa

31 Comments

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Anonymous Poster (profile), 31 Jul 2007 @ 9:59am

The RIAA - Just when you think they can't get any worse...
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Chris, 31 Jul 2007 @ 10:10am

No Joke
Give me addresses these people will disappear.
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Downloading music at the moment., 31 Jul 2007 @ 10:27am

I'd come back with a snappy comment but my downloads just finished. Mp3 player is almost full.
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Anonymous Coward, 31 Jul 2007 @ 10:44am

Why can't someone drive 1300 miles to burn down their houses?
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Mark, 31 Jul 2007 @ 10:56am

Professional Courtesy
So I saw the line about Professional Courtesy and was reminded of the following joke:

Why don't sharks eat lawyers?
Professional Courtesy

If you wanted to change it for the RIAA:

Why don't hyenas eat RIAA executives?
Professional Courtesy

Thank you Thank you, please remember to tip the waitstaff
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Anonymous Coward, 31 Jul 2007 @ 10:56am

Re:
LOL

sounds like a plan, i'll bring the hotdogs
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Haywood, 31 Jul 2007 @ 11:09am

I'd gladly claim my porn
In todays world, what's shame got to do with it?
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Kyros, 31 Jul 2007 @ 11:36am

I'll bring gas..or should I bring kerosene? Regardless, someone bring matchs and we'll have a barbecue.
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Anonymous Coward, 31 Jul 2007 @ 11:57am

Blow em all up
Forget their houses. Somebody needs to blow up the RIAA headquarters!
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Anonymous Coward, 31 Jul 2007 @ 12:12pm

If we did that it would give them just the excuse they needed to start a "War on Copyright Infringement" and we would all be carted off with black bags over our heads by the Copyright enforcement Administration.
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Charlie Potatoes, 31 Jul 2007 @ 12:13pm

whoa
ok.. all that is in my share folder is music. how the hell did they get screen shots off his pc? and what does his phonograph machine had to do with his pornograph machine? im lost.
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Mike C., 31 Jul 2007 @ 12:23pm

We just need to follow their example...
From the Answer & Counterclaim in Elektra v. Santangelo II, the 24th Affirmative Defense, we should all just start using the remedy used by Edgar Bronfman: Get our parents to give us a stern talking to.
More info can be found on Ray's blog here.
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glitch, 31 Jul 2007 @ 12:31pm

civil action ?
why can't the soldier be able to get a criminal action started ?

looks like 4200+ instances of illegal search, imho

diaRIAA will never go after criminal action against anyone

criminal law is too restrictive and ties their hands
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F the RIAA, 31 Jul 2007 @ 1:16pm

Re:
I taught both of my kids to download music and showed both of the utilities to extract all songs off of their friends ipods. The RIAA can go fuck off.
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Chris, 31 Jul 2007 @ 1:28pm

Re: I'd gladly claim my porn
I kind of figured that some of the pics were of himself, and I could see why that would be embarrassing to have shown to everyone in a court room. Maybe he's just into something really weird/kinky.
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AnOn, 31 Jul 2007 @ 1:32pm

How did the Riaa Get access to his HDD, If they can only show when you were uploadingDL by the trap of your ISP log file how did they get onto his machine to display his personal files ?? Mal-Ware ??. Sounds like they are infringing on someones personal property
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Coaster, 31 Jul 2007 @ 2:05pm

"Hi, we're with RIAA and we want your hard drive."

"sorry, I just accidentally smashed it to bits with a hammer."
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satan, 31 Jul 2007 @ 2:22pm

If you don't want to get sued
then don't share songs. to bad that doesn't work either.
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Anonymous Coward, 31 Jul 2007 @ 2:25pm

Re:
How did the Riaa Get access to his HDD,...
I think they probably subpoenaed his computer and then went trawling just to see what they could come up with.
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Anonymous Coward, 31 Jul 2007 @ 2:27pm

Re:
"Hi, we're with RIAA and we want your hard drive."

"sorry, I just accidentally smashed it to bits with a hammer."
Judge: Then I find in favor of the RIAA on all points and further find you in contempt of court and sentence you to...
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Charles Griswold, 31 Jul 2007 @ 5:34pm

"Professional Courtesy"
"Professional courtesy" they say. You gotta give them credit; it takes giant brass balls for the RIAA to say something like that with a straight face.

On a separate note, Firefox's spell checker flags "RIAA" as an error. It's probably on to something there. :-)
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duh, 31 Jul 2007 @ 7:01pm

I want to get inside pics of those RIAA thugs computers. I know they are doing something illegal.
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Ikey Benney, On Eminem Lawsuit against Apple Inc., 1 Aug 2007 @ 5:36am

RIAA Backs Down Slightly
Hello:
It seems that RIAA is now the new internet bully around the block, a kettle calling the pot black.

The guy was brilliant in counter suing them and forcing them to back down.

Sometimes, it pays to stand up to a bully, and hit back.

Ikey Benney
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Nasty Old Geezer, 1 Aug 2007 @ 5:39am

Re: "Professional Courtesy"
In regards the RIAA this is an oxymoron. They are neither professional nor courteous.
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Overcast, 1 Aug 2007 @ 5:50am

Oh, so sorry to see the Racketeers have to back down :(
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Overcast, 1 Aug 2007 @ 5:53am

lol, yeah Nasty ol' Geezer - you're right.
Although, I think I've figured out what RIAA means - really..

Racketeers in Abusive Action.

Fitting... no? :)
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BTR1701, 1 Aug 2007 @ 7:11am

Re: Re: Contempt
One can't be in contempt of an order that has not been served. And private individuals are under no obligation to maintain their hardware, software or any other records as evidence just in case some group like RIAA wants to sue them.
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Brian Lee Corber (profile), 2 Aug 2007 @ 12:14pm

RIAA
Use Cal;ifornia's Business & Professions Code Section 17200 se seq, sue for unfair business practice and then watch the RIAA have to comply with FRCP 26 disclosures of all of its electronically stored information.
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Brain, 4 Aug 2007 @ 6:44am

Anyone remember...
Anyone remember Metallica?

"Sure, we copied albums and cassette tapes when we were kids but we're going to sue the pants off those that copy our stuff."

I still refuse to buy their 'music' and turn the channel whenever they come on. Jerks.
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cudzoo, 13 Oct 2007 @ 7:15am

national threat
if the riaa can get sreen shots off your computer. then that is a national threat. if they can do it to a personal, who is to say the can'nt persay accidently screen shot a senators personal stuff on his computer. why is it that one average americans get sued and not politicians whom may or maynot have songs on their computer.
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cudzoo, 13 Oct 2007 @ 7:16am

Re: RIAA
if the riaa can get sreen shots off your computer. then that is a national threat. if they can do it to a personal, who is to say the can'nt persay accidently screen shot a senators personal stuff on his computer. why is it that one average americans get sued and not politicians whom may or maynot have songs on their computer.
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