Why Do The Police Call In The RIAA To Investigate Potential Crimes?
from the that-doesn't-seem-right dept
We've long known that the boundary between US law enforcement and the enforcement wings of certain lobbyist organizations like the RIAA is way too blurry, but TorrentFreak is raising some important questions about why the police will call in RIAA investigators on certain cases, such as one where a speeding stop in Illinois resulted in a cop calling in the RIAA after spindles of writeable DVDs and CDs was found in the car. While the RIAA and law enforcement have a history of working closely together (and many people go back and forth between the two), the RIAA is still a highly biased party here, and shouldn't be involved in investigations where it has a personal stake. While some politicians are trying to turn US law enforcement into the private police of the entertainment industry, that doesn't mean that police should just consider RIAA investigators their peers. So can anyone explain why RIAA investigators should be allowed to be involved in such cases and why no one's called US law enforcement on things like this before?Thank you for reading this Techdirt post. With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. We work hard every day to put quality content out there for our community.
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Filed Under: bias, crimes, infringement, law enforcement, private investigations
Companies: riaa
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Re:
Maybe now they'll stop busting the 14 yr olds for that little bag of dope and start busting them for their 300 gig collection of emo music.
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"DeVries contacted Cook County Felony Review States Attorney Delahanty who approved two charges of unlawful use of unidentified sound or audiovisual recordings."
If the recordings are unidentified, how do they know that the use in question is unlawful? This is the part with which I have a problem.
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Hmm
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Re: Hmm
We, the people, need to take america back before it is too late. The longer this continues the more destructive the inevitable revolution will be.
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Re: Re: Hmm
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Re: Re: Re: Hmm
http://bagnewsnotes.typepad.com/bagnews/images/bush-mccain-katrina-3.jpg
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Fascism is fascism
No, it's just plain fascism. Don't cloud the issue with neologisms.
Besides, the FBI works for the RIAA now, so it makes perfect sense.
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Re: Fascism is fascism
Actually, to me it's reverse fascism. Fascism is when the government controls corporations. Reverse fascism is when the corporations control the government. That's what we currently have in the US.
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Re: Fascism is fascism
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since it was brought up
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Re:
Ask you about it? Yes. Have you get involved in the investigation? No.
Saying they shouldn't be allowed to ask me because I might have something to gain (like my property or revenue) from it sounds pretty dumb to me.
Unfortunately, it appears that you and the RIAA often falsely attribute "revenue" and "property" where none actually exists. If you are allowed to be a major part of the investigation, that's a big problem.
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Re: Re:
Grab some popcorn, because it's time for a good story.
Once there was a poor man who rented a room above a fancy restaurant. He was so poor that he could barely afford his living conditions. Evenings were often spent alone in his drab living quarters.
One day a friend stopped by and the two had dinner of rice and plain noodles.
"Wait, wait" he said to his friend "The restaurant below will be cooking food shortly and we will eat then."
"Why is that?" inquired the friend.
"I eat my noodles when the restaurant owner down stairs cooks for his guests. The smells come up through my window and make the noodles taste better" explained the poor man. "It is really the smell, that makes things taste good."
Unbeknownst to the two people, the restaurant owner was outside and overheard this entire conversation. Later, the shopkeeper approached the man with fury. "Thief!" he shouted, "I demand that you pay me for the smells you have stolen."
"A smell is a smell," the Poor Man replied. "Anyone can smell what he wants to. I won't pay you anything!"
The next day, the restaurant owner went to the Court and charged the Poor Man with theft. The Poor Man was summoned and The Judge, Ooka, listened to the story from both sides.
"The Poor Man is obviously guilty," said the Judge. "Taking another person's property is theft, and I cannot see that a smell is different from any other property."
The restaurateur was happy, because he was owed several month's of smelling. But the poor man's face turned grim as he realized he could be thrown into prison.
"How much money do you have?" The Judge asked.
"Only what's in this coin purse, Your Honor," the man replied. "But I need it to pay my rent."
"Let me see the money," said the judge.
The poor man gave the small bag to the Judge, who held it for a few seconds, and then tossed it to the restaurant owner. The bag made a jingling sound as he caught it.
The restaurant owner had a glow of satisfaction.
"Now," announced the judge, "please return the coinpurse to me." Without hesitation, the restaurant owner did so.
"You have now been paid. If you have any other complaints in the future, please bring them to the court. It is our wish that all injustices be punished and virtue be rewarded."
The Judge then returned the coinpurse to the Poor Man.
"But Your Honor," the restaurant owner interjected, "I did not get the money," as he held up his empty hands to the judge.
The Judge stared at him gravely. "It is the court's judgment that the punishment should fit the crime. It is decided that the price of thieving the smell of food shall be the sound of clinking money. Justice has prevailed as usual in my court."
The book:
http://www.amazon.com/Ooka-wise-Tales-old-Japan/dp/B0007E18LO
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Ooka the Wise: Tales of Old Japan
I have been looking for this book for a long time. I never have remembered the name but always the picture on the cover. Thank you for that, although $175 was a bit of a surprise...
By the way where did you get permission to reprint that story? :p
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Re: Ooka the Wise: Tales of Old Japan
There are less expensive compilations of "Folktales of Japan" (and subsequently, less collectible- the illustrations are great) that tell the same story. I suppose my advice is to keep an open eye at estate sales as one of the reasons the version I have is so costly thru traditional routes is because this one is no longer in print.
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Re:
and bikes cost a lot more than a few music albums
and doesn't the charge sound phony? It doesn't sound like a reference to a specific law that they were breaking, does it?
or are you defending "secret laws"?
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Re:
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The growth of pseudo-governmental politics
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In most states, in order to be convicted of whatever statute applies to "Bootlegging" CDs/DVDs, you have to prove two elements of the crime. One element is intent to distribute. If you get pulled over and have 1 bootleg copy of 20 different DVDs, you can't prove intent to distribute. If you have 20 bootleg copies of the same DVD, then odds are it is not for personal use.
The second element is you must prove they are truly counterfeit. As ridiculous as it seems, a bland DVD with "Lord of the Rings" written on it in black marker is not "legal proof". The courts will only accept the testimony of a certified expert in the identification of counterfeit CDs and DVDs. This is where the RIAA's investigators come in. They hire PI firms and certify them in being able to recognize their trademarks and production markings. In order to make a case, they must write an affidavit for the court that the media is counterfeit.
Some jurisdictions will not invest the time in arresting someone unless the RIAA invests the time in making the complaint and prosecuting, which is why they call out the investigators to the scene. If the investigators had not responded, there would have likely been no charges.
This is actually a good thing. This means for every case to be made on local law, the RIAA has to fork out money to get the case prosecuted. Previously, they had relied on people getting arrested and inconvenienced, only to not follow through and have the charges be dropped.
I used to have to do a LOT of work on cases like this. So I am very familiar.
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Freedom is just another word...
Is this the kind of world that millions died for when fighting the National Socialists of Hitler's Third Reich?
Average Americans and Canadians don't have the brass monkeys to stand up and really fight this kind of bullshit. The "War on Terrorism" is a proxy war to control you, me, and everyone else.
Lambs to the slaughter...
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Re: Freedom is just another word...
http://www.craigslist.org/about/best/den/816812526.html
It made me laugh hysterically at first, but then I realized how much this election means.
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While this may seem troubling at first...
1. Saw that the over 400 CDs and DVDs had titles of big name properties handwritten on them.
2. Asked the suspect about them.
3. Followed up on the suspect's claim that he was simply holding "backups" for a friend.
4. Called friend, friend had no idea.
5. Suspect now gave a second story ADMITTING that he was pirating for profit by giving out free CDs and DVDs to computer repair customers.
6. Only after admitting that he pirated the materials for profit did the police contact the **AA.
I know it's a bit of a slippery slope, but I really don't see a problem here. The police seem to have been very reasonable in following up his story and not rushing to judgment.
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If the Constitution is so great...
http://www.lewrockwell.com/rozeff/rozeff210.html
And more at:
lewrockwell.com
Peace
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Re: If the Constitution is so great...
Your post is incredibly stupid and you should be ashamed that, I imagine, you consider yourself an enlightened, contravening American.
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Re: Re: If the Constitution is so great...
For evidence, read the above article. NO, strictly speaking, the RIAA doesn't arrest people, they just bring civil charges against those who have no way to defend themselves.
Unfortunately, I'm forced to deal with whatever bozos such as yourself decide needs to be law due to the wonderful 'democracy' that we have. So we can have victimless crimes. And taxes to pay for a jail for weed smokers to sit in. Sounds like a great thing to me. Maybe I should vote about it!
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Illinois is the most liberal state
What I would like to know is how in the world do you tie Bush, McCain and the Republicans into this issue? I dislike them as much as anyone, but I live in Illinois and this state is effed up, to say the least.
I know most of you hate Bush (not the current government because the democrats are in charge of the government right now), McCain and the republicans, but you cannot associate anything happening in Illinois to them. This is democrat country, Obama country to be precise, and let's be honest, if this is what is in store for us when we elect him as President, then we are in for one hell of a Eff Up.
Anyway - back to the article, I think post 21 summed it up pretty well. Next time, read the article BEFORE you post and then look at your map. Illinois is the state that is so really, really dark blue one. When the republicans have a conference over here, they rent a phone booth.
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Re: Illinois is the most liberal state
And if electing Obama will make the rest of the US like this then I hope you do elect him - for your sakes, and even more so for the sake of the rest of the world. (For example I don't think a US of this type would go around replacing democratically elected governments with dictators like your governments currently seem to do.)
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Re: Illinois is the most liberal state
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Guess that is no longer the case.
WTF
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(Dear government officials, please note I am not encouraging violence. Simply making a point about how entrenched the current system is.)
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The police know that without a victim, you don't have a crime. In this case, the police suspect a crime and call in RIAA to see if there is a victim.
I would be like you are work and the police get a hold of you: "Hey we think your house was burglarized/car stolen/whatever while you were away, we think we have somebody who has your stuff and can you come down and ID your property?" You would be your own investigator, respond to the police station, help "investigate" and sign a crime report.
Same thing for a company. Hey Toyota, We think somebody stole a bunch of your new cars off the train/boat. Can you come down and help us figure out what we got?? A toyota rep would have to respond, determine if the cars were taken improperly, report each one stolen and thn eventually show up in court as a victim.
Bottom line is that the police CANNOT operate on their own unless the State is the victim. They are just facilitators.
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Blank Discs?!?!
If the pigs' logic is correct, then selling gasoline would be illegal because it could be used for a hit-and-run.
Selling ammunition would be illegal because it might be used for illegal hunting.
Shoes would be illegal because they might be used to trespass.
Paper would be illegal because it might be used to draw cartoon-kiddy-porn.
Wait...I think I see what they are getting at here, and it's all starting to make sense.
Andy
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Legal Searchs and Seizures
Greg
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