Judge Says RIAA Should Be Fined For Bundling File Sharing Lawsuits

from the abusing-the-system dept

Wed, Jan 30th 2008 12:39pm — Mike Masnick

Years ago, before the RIAA's decision to sue individual file sharers, the group used to send subpoenas to ISPs asking for IP addresses of users even though no lawsuit had actually been filed. Verizon actually stood up and fought the RIAA on this, eventually winning. In response, the RIAA started filing mass lawsuits, suing multiple "John Does" and then using those lawsuits to get subpoenas to the ISPs. Soon afterwards, a judge noticed that this seemed odd, and told the RIAA it needed to start filing individual lawsuits rather than bundling them all together. Unfortunately, other judges have allowed the "bundled" lawsuits, so the RIAA still files them. However, a magistrate judge in Maine is suggesting that the district court judge fine the RIAA lawyers for the practice, noting that the RIAA shows little explanation for why the lawsuits should be bundled.

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Filed Under: bundling, copyright, lawsuits, riaa
Companies: riaa

21 Comments

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Anonymous Coward, 30 Jan 2008 @ 12:54pm

"the RIAA shows little explanation for why the lawsuits should be bundled."

The explanation is simple, you are more likely to hit targets in crowd with a shotgun than an aimed bullet. Like they say, 'It is cheaper by the dozen'.
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Shred, 30 Jan 2008 @ 12:58pm

Bundling
They do this so they can get internet, phone and cable all for one low price.
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orangShirt, 30 Jan 2008 @ 1:28pm

Re: Bundling
Yes but remember -- this is an introductory rate only.

It appears the price is about to expire and the rate will go up.
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Scootch, 30 Jan 2008 @ 1:53pm

Law suit bundling
I think this would open the door for appeals and class action lawsuits aganist RIAA...
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Anonymous Coward, 30 Jan 2008 @ 2:04pm

Does life imitate art or does art imitate life? Can you spot the record execs featured in Peter, Bjorn & John's music video Young Folks? Me neither. http://www.youtube.com/watch?v=51V1VMkuyx0

So if your like me and having trouble getting noticed by Artists and Repertoire reps, the process to self-release and promote isn't really that tough, especially with the internet.

First Record your music. If you don't have a studio (or want to start one) checkout ProTools. Next, find a contact at Apple to release on iTunes.
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Mitch the Bitch, 30 Jan 2008 @ 2:06pm

Just wait till Mary Bono and Dianne FrankenFeinstein pass the legislation that will let your ISP snoop into your computer to see "if" youve got any "copyright infringments". It alos creates an entirely new federal beuracracy that can go into YOUR home and take your computer and anything related then auction said property to fund itself. Whether you are guilty of anything or NOT...

Call the Bitches out NOW!

Were heading towards another Civil War. April 15th. Don;t pay taxes and claim maximum dependants. Take away their money and we can take back America.

Perhaps some of you should re-read the Declaration of Independence and the US Constitution again.
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JokersCool, 30 Jan 2008 @ 2:09pm

Its a shame but majority of people think it is a package,not wholesale extortion by greedy lawyers and riaa needs the bread...hehe
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Wolferz (profile), 30 Jan 2008 @ 2:13pm

$$$
I imagine filing 10 suits against 300 John Does is cheaper than 300 lawsuits against 300 John Does.
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James, 30 Jan 2008 @ 2:43pm

Incredulous
Perhaps some of you should re-read the Declaration of Independence and the US Constitution again. The solution is actually very simple. Quit buying their crap. Period. Yeh yeh, don't give me the argument it isn't that easy.. it really is. No more CDs, no more DVDs. Listen to the radio, and watch movies on cable.. yeh they technically still get paid but the impact would be there. It wouldn't take very long... maybe just a solid month of ZERO sales might do it. Once they got their head out of their a** we might get some proper options for content from them.
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Anonymous Coward, 30 Jan 2008 @ 3:04pm

Re: Incredulous
You forgot do not go to the movies. They would probably just say the declining sales that month were due to a dramatic spike in file sharing.
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koresho, 30 Jan 2008 @ 3:07pm

RE: James
That sounds awesome. In all seriousness... unfortunately there just aren't enough smart people to balance out the deluge of people who don't know or don't care. I work at a Circuit City, and if I went with the RIAA's injustices to every other employee here, 80% or more of them would just shrug and ask, "so?"
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Anonymous Coward, 30 Jan 2008 @ 3:10pm

Re:
It is called democracy...if you dont like the laws of the country then vote for the politician advocating no taxes and no government benefits in return for your vote. Otherwise, you arent rebelling, what you are doing is forcing the rest of us to pay a bigger share of the debt you create.
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Anonymous Coward, 30 Jan 2008 @ 4:00pm

Well we would vote for a change but it so happens to be that ALL THE POLITICIANS ARE DIRTY>
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Haywood, 30 Jan 2008 @ 4:31pm

Re: ALL THE POLITICIANS ARE DIRTY
Not ALL

http://www.youtube.com/results?search_query=ron+paul&search=Search
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PaulT (profile), 31 Jan 2008 @ 12:32am

Re: RE: James
Yeah, koresho, that's the big issue here. Most smart people already boycott the RIAA, but most people don't know or care. I haven't bought a major label album for 4 years now - and no, I don't copy them, I just buy independent music.

Unfortunately, that's not enough to protect me. Lawsuits have been filed against people who don't even own a computer, FFS, so my refusal to buy their products doesn't help me avoid being sued for using BitTorrent to download Linux ISOs. They don't even notice boycotts, because in their minds if they lose money it's due to "piracy", not their own business practices.
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Kelly, 31 Jan 2008 @ 1:03am

That was me ;o(
I was part of one of those lawsuits - hit me right when i was graduating college and trying to start my life - started $2000 in debt from the settlement - feel dumb now - pretty crappy since i owned several of the songs that i had been sued for ;o( Hate this crap...
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Anonymous Coward, 31 Jan 2008 @ 1:35am

WAKE UP AND SMELL THE BS!

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.--That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, --That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security.--Such has been the patient sufferance of these Colonies; and such is now the necessity which constrains them to alter their former Systems of Government. The history of the present King of Great Britain is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute Tyranny over these States. To prove this, let Facts be submitted to a candid world.

- Stop Bitching and do something about it -

VOTE, Boycott, be involved or SHUT UP and stay in your little BOXes!
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Anonymous Coward, 31 Jan 2008 @ 4:55am

Re: Incredulous
See there is one problem with that. The people who buy their "crap" want their "crap" and are more than happy to pay for their "crap" so they aren't going to stop buying what they want and are happy with.

It's you and I who don't want it and already don't buy it, because it's crap. Unfortunately we are in the 100's maybe 1000's whereas the "crap" buyers are in the millions.
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Anonymous Coward, 31 Jan 2008 @ 5:27am

What a bunch of CRAP :| LOL
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Alimas, 31 Jan 2008 @ 6:12am

Re: Re: ALL THE POLITICIANS ARE DIRTY
Ron Pauls pretty dirty.
He needs to get his concept's of personal liberties straight.
Like start supporting them.
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bored, 31 Jan 2008 @ 6:16am

Re: Incredulous
I've been doing this exact thing for over two years. They don't need my money
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