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Class Action Suit
By George Ziemann
The views represented in this article are those of the author. They represent my opinion solely and I am legally responsible for any action taken as a result.
Let's sue the RIAA. Now. In my name.
I am ready to lend my name as the plaintiff in a class action discrimination lawsuit against the entire recording industry on behalf of all the independent musicians in the country. This will be part of a greater action, as the facts of my case will enable an anti-trust suit against the industry, if the two are not one and the same.
The charges are:
1) Monopolistic domination of the marketplace and preventing access to all others.
2) Market restrictions which apply to all competition except the major labels.
3) An attempt to ignore all authorized music in an effort to establish a pay-for-play marketplace, even though the freely authorized music is the majority of recorded music available on the Internet.
4) False testimony before Congress.
When Hilary Rosen went before Orrin Hatch in the Napster hearings, she knew for a fact that sales would be down in 2000. They engineered it.
What happened in 1999 was a carbon copy of what happened in 1997.
5) Perpetrating a fraud against the government of the United States.
There is no empirical data to support "downloading as theft."In fact, if the labels would shut up, stop sending out free goods, and post a few mp3s, they would save about $2 to $4 billion a year.
Just ask Madonna how much exposure she got from her free "What the fuck are you doing?" hit song. And then ask her how much money she spent on this world-wide promotion.
The Internet is the world's most powerful promotional tool. It works. And it's free.
That's just the start. When I get a lawyer (I have asked Gerry Spence and leflaw) to take my case, we'll fine-tune a little. Because there is lots more.
After six months of printing my accusations, there has been no reply from the RIAA, although I have written directly to Hilary Rosen numerous times.
I have offered to debate her on live television. Preferably at CNBC, so that a boatload of financial analysts can prove me wrong, too.
And give her 90% of the air time to present her case before I destroy her in the remaining 10 percent.
To date, the RIAA has not responded to any of my charges or challenges. They have not disputed any of my data. They have not asked for a retraction. No cease and desist order. They have not even asked me to shut up.
No one has even argued with my facts, much less come close to disputing them.
Because it's the RIAA's data.
And I'm right.
Let's take them to court. The only way they can win is to open their books.
Because so far, they haven't even explained the first line on the 2002 year-end statistics.
And if they didn't lie to Congress, they lied to their stockholders. Because none of the 2001 year-end reports mentions file-sharing or "piracy" as a cause for the sales decline. The only one who even mentions file-sharing is BMG, who used its potential as a reason to justify investing in Napster.
And then there is the question of organizations like CNN, Time-Warner, ABC, NBC, CBS, Fox and the Washington Post, who refuse to print our side of the story. They are co-conspirators in the lie and are promoting it at the expense of the truth.
They have all discriminated against the majority of the country's artists, songwriters and copyright owners to the detriment of our ability to make a living.
Who will take my case?
George Ziemann
MacWizards Music
1604 N Date Dr.
Tempe AZ 85281
480-946-2951
wizard@azoz.com
http://www.azoz.com
User Comments
(These do not necessarily reflect the beliefs of this site)
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viscix
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Date: April 30, 2003 @ 8:47 PM
Bet if you teamed up w/ EFF they could attract massive new blood and it would be right up their alley... You might not get to be a rock star, but stand a good shot at becoming a cultural icon. |
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viscix
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Date: April 30, 2003 @ 8:48 PM
.. er, not to suggest such a cynical motive! I'll be rooting for you, donating if it's useful and warning my few musician friends, as soon as anything looks official. |
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chrisbacke
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Date: April 30, 2003 @ 9:27 PM
George,
GO FOR IT!
Call Janis Ian up, I'm sure she's got some more stats and friends you can use :) |
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M1
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Date: April 30, 2003 @ 9:31 PM
I hope you can do this.
My opinion is that you are gonna have to try extra hard to make it clear that you aren't just some disgruntled pirate looking for free music.
Do that and you could attract credible support.
Good luck! |
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Adeptus
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Date: April 30, 2003 @ 9:55 PM
I fully support this. Lets open the books, show the real facts, and watch the chips fall where they will.
You give me a list, and I'll add my name to it. |
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gdZiemann
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Date: April 30, 2003 @ 10:02 PM
As soon as I get a lawyer, we'll place a call for additional plaintiffs.
Like I said, I am willing to admit it if I am proven wrong. I'm only interested in the truth, the whole truth and nothing but the truth.
So help me, God. |
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gdZiemann
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Date: April 30, 2003 @ 10:13 PM
EFF is not interested in my case. They wouldn't even offer any advice on my DMCA presentation.
Janis Ian supports my battle, but her friends at the Recording Artists Coalition are all a bunch of contracturally obligated chickens.
This is my marketing plan. I make no bones about it. My goal is to become rich and famous by destroying the RIAA. At their expense.
I don't download. I haven't even turned the radio on in two years. Told that to Kazaa when I met with them today.
I meet with GarageBand's CEO and business manager on Friday. I have too much music to create and upload to waste time listening to other people's music if I'm not trying to promote it for them.
For instance, I get to record, if not produce, a 3-day live recording for Pete Best over Labor Day, when he hosts a memorial for Danny Gatton at the Surf Ballroom in Clear Lake, Iowa, where Buddy Holly played his last performance. If you're a youngter and don't recognize the name, Pete was the drummer for a band called the Quarrymen, I believe. After they dumped him and hired Ringo Starr, they became The Beatles.
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kneo24
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Date: April 30, 2003 @ 10:22 PM
George, you may want to send this article around to some more consumer friendly news sites like http://www.theregister.co.uk, and http://slashdot.org for example, if you haven't already. You'd get some more support, if they posted your article.
If you haven't done so already, I suggest providing links to the other stuff you've written so people have a clue of what you're talking about. I'm pretty sure a lot of people are still clueless. |
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rjosborn
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Date: April 30, 2003 @ 11:35 PM
Where can I sign up??
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gdZiemann
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Date: May 1, 2003 @ 12:35 AM
I posted that article to a mailing list that has 900 of the world's technology and entertainment "movers and shakers". Hilary Rosen is on the list. So is Sony. And the Recording Artists Coalition, EFF, Future of Music, The Register (UK), mp3.com, ASCAP, the National Music Publisher's Association, RIAA Legal, Chilling Effects, BMI, LawMeme, and more.
And those are just the ones that added a link.
Slashdot ran my letter to Tim O'Reilly, which was a follow-up to the Letter to Jay Berman posted here. I got 137,000 hits that day (April 14 or 15).
The Register U.K. ran my first analysis of the RIAA stats in December.
The story is already in everyone's inbox, whether they've read it or not.
That's where I hooked up with Kazaa. They're not even on the Links page.
If Kazaa doesn't help us, we have an anonymous computer scientist at NASA that will help us work out the problems of our new P2P net in his spare time. You guys ARE still working on that, right directive? |
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gdZiemann
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Date: May 1, 2003 @ 1:11 AM
I'm wondering if I can submit the suit directly to the FTC? I tried calling my attorney general. They told me to call an attorney. |
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RythmMethod
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Date: May 1, 2003 @ 1:20 AM
Remind them that the AG IS an attorney. |
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RythmMethod
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Date: May 1, 2003 @ 1:21 AM
oh..and That people who listen to music also vote. |
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directive
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Date: May 1, 2003 @ 1:42 AM
George,
i am not sure what you want me to do, but a guy did email me, i apologize, i knew nothing of why he contacted me.
I will put my name on your suit and please inform me when and if kazaa joins the suit.
Also, what happened with Kazaa, can u tell us?
You are doing so much for the cause, thanks a million.
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apoorva84
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Date: May 1, 2003 @ 6:57 AM
george u r doing a great job.the whole world owns the internet.we can do what we like.& file sharing is completely legal.come on guys,u can do it to keep gnutella alive. |
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Warlock1176
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Date: May 1, 2003 @ 8:18 AM
George,
Great posting. When this gets close to happening, I'll join in as well.
Also, ever listen to Bill O'Reilly? Send him a copy as he loves any situation that's chop full of "spin" like the RIAA's supposed "evidence". |
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INeedAlover
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Date: May 1, 2003 @ 9:16 AM
I would suggest that the RIAA tactics are violating the Fair Use laws. I download music all the time, but I am downloading music that I own vinyl, and would like to have on CD. That's not a crime because of the Fair Use laws, yet the RIAA would accuse me of committing a crime for every song I downloaded.
Certainly, RIAA actions to end downloading are violating our Fair Use laws, aren't they? This could be one more item for the lawsuit. |
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Stardaemon
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Date: May 1, 2003 @ 10:35 AM
Wow!
I wish you the best of luck! |
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mishss39emi
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Date: May 1, 2003 @ 10:43 AM
FUCK YOU RIAA. FUCK OFF YOU GREEDY BUTT FUCKERS!!!!!!!!!!! |
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mishss39emi
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Date: May 1, 2003 @ 10:44 AM
SCREW EM MAN. KEEP DOWNLOADING!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! LMAO |
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Warlock1176
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Date: May 1, 2003 @ 11:25 AM
Here's a thought:
How about using the RIAA's own tactics against them? Organize a mass e-mail assault on their servers?
They can do it to us? Why can't we do it right back?
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gdZiemann
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Date: May 1, 2003 @ 11:34 AM
Slashdot shuts down the RIAA all of the time by doing exactly that, Warlock.
As for Bill O'Reilly, I've written him numerous times, too. The "no-spin zone" only intersects the entertainment world if you speak out against the war or the President.
What happened with Kazaa. They asked some questions. I talked. They took a lot of notes. They couldn't promise much because they currently have to consider the legal implications of going to the bathroom, much less supporting an idea like free music.
They'll probably come to our assistance sooner or later, but I'm not waiting. If they help, it will be to edge us into the press. So I just have to keep writing anyway. |
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gdZiemann
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Date: May 1, 2003 @ 11:52 AM
One more thing about the Kazaa meeting.
It marked the second time in this "fight" that I had to actually get dressed and leave my living room.
The first was to speak at the FCC hearing on April 7. |
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directive
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Date: May 1, 2003 @ 11:57 AM
The 3rd will be May 10Th!
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natertots
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Date: May 1, 2003 @ 1:26 PM
I'm all about being a part of this. |
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mm-202
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Date: May 1, 2003 @ 1:52 PM
I _TOTALLY_ support you gdZiemann, make those bastards pay. Whenever you get the list, I sign; hell I'll even go to court with you.
-MM. |
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gdZiemann
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Date: May 1, 2003 @ 2:18 PM
And has anyone seen the RIAA's response to my very public accusations?
I sure haven't. Not a peep from the chicken house. We're tearing it down for that hyperdrive onramp to the information superhighway. |
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gdZiemann
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Date: May 1, 2003 @ 2:25 PM
Go ahead. Start signing up. By the time I find an attorney, we'll already be halfway there.
But you've got to give your full name, address and phone number. Otherwise, we won't know where to send your check. I'll protect your privacy right up till the minute we cough up all of our names at once as plaintiffs.
I can't promise an instant response because my e-mail inbox is already filling up faster than I can answer. So I'll just reply with a quick "thanks" to let you know I received it. I just can't write a long response to each and every one of you.
mailto:wizard@azoz.com |
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minndawg
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Date: May 1, 2003 @ 2:45 PM
George, your article's been posted on Fark.com, prepare for traffic=) Oh yeah, of course, I support the cause and you do have valid reasoning behind it. Someone's finally taking action, thanks. If there's any way I can help just let me know! |
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directive
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Date: May 1, 2003 @ 4:21 PM
Here is a nice article on one person's view of not signing with a record label.
http://deseretnews.com/dn/view/0,1249,485033195,00.html
His reasons are more reasons why the records labels are all about money and have little regard for family.
Thanks |
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buriedalive
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Date: May 1, 2003 @ 4:42 PM
Jon Fishman, the drummer for Phish, summed up the argument: I could fucking care less if everybody downloads our album off the Internet. We're not in a position to be screwed by that at all. We have the one thing the Internet can't touch-live music. If you can actually go out and play your fucking instruments, you won't be replaced by the Internet. If you're a good live act and you put on a good show, people will buy a ticket to see your show.-Jon Fishman. Does it get any more obvious than that? I will sign up for this lawsuit if it ever happens.
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mtekk
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Date: May 1, 2003 @ 5:09 PM
Good luck!
I'm doing my part with a nice persuasive speech on copyright and music piarcy for school, and i'm going to use it in further arguments with the RIAA. |
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thumbtack
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Date: May 1, 2003 @ 5:16 PM
You can read the text of upca post at
http://www.boycott-riaa.com/article/6462
For space considerations I've deleted the post sorry upca
Tom Daniels gave us permission to use it a while back..:) |
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PhantomGhost
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Date: May 1, 2003 @ 5:20 PM
George- good luck. you have my support on this. the riaa is so stupid. they won't even answer your accusations. hope it goes well. |
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mainmind
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Date: May 1, 2003 @ 5:40 PM
You should send an email to KRS One and The Temple of Hiphop. They would agree with your stance, and might be able to help out, too. [www.templeofhiphop.org]
down w/ these monopolies. |
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gdZiemann
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Date: May 1, 2003 @ 5:50 PM
GarageBand's CEO just called.
While they're not exactly sure what they can do to help, unless I can spell it out for them more specifically, they did offer one helpful bit of information.
More than 64,000 acts.
We are the majority of the country's copyright owners. No one can deny it.
By at least ten to one. |
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Aero-Zeppelin
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Date: May 1, 2003 @ 6:29 PM
Hah, I know what you mean about the RIAA not writing back! I wrote about five emails to them along with some articles from here, the only thing i heard was from Amy Weiss (unless is was just an automated response) saying "your comments will all be read."
Yeah right. I was being paranoid about them ignoring me, and they did just what I expected.
I totally support you, I would go to court, but hey, i'm only 15 years old. They wouldnt listen to a minor. |
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SMeln10066
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Date: May 1, 2003 @ 6:31 PM
Why not just contact Johnny Cochran or Robert Shapiro, both lawyers made famous from the OJ Simpson case. While not the litigation style they're known for, they obviously both love taking cases with major media attention. Both would probably want to sign on, at least to get thier name included in most media tag lines. |
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directive
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Date: May 1, 2003 @ 6:44 PM
Aero-Zeppelin,
trying calling the RIAA, if you have some good questions, just call them and ask them straight up.
I have done it twice and enjoyed it.
Found out that they have only subpeaned 100 people in 4 1/2 Years, i called there bluff and the guy on the phone didn't know what to say.
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eintier
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Date: May 1, 2003 @ 8:43 PM
When this happens, let me know where to sign up, I download a shit load of music that isn't in print anymore, or my disc got scratched and isn't playable anymore and I don't feel like paying the bastards twice. VIVA LA GNUTELLA!!!!!!!!!!!! |
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unixdude
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Date: May 1, 2003 @ 10:15 PM
Count me in, too. The stupidity of the RIAA and the big labels boggles the mind. If they would only embrace the technology, they would make money beyond their wildest expectations. Will I pay $13.99 for a shit CD with one song I like? No way! Would I pay $1.99 to download (and use as I please!) the one song I really want? Hell yeah! Until they figure it out, the RIAA can come kiss my big ol' fat WinMX butt!!! |
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theskullcracker
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Date: May 1, 2003 @ 11:08 PM
May the force be with you my brother |
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LogikKill
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Date: May 2, 2003 @ 8:46 AM
Go For it George!
All my best wishes, yet you are taking on a gigantic corporation, so they'll have lawyers and stuff, so get a good one. Good Luck! |
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gdZiemann
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Date: May 2, 2003 @ 12:26 PM
It's not that big of a corporation. They only represent 7,000 copyright owners. Actually, it's probably closer to five copyright owners -- the five major labels.
If each and every major label artist asserts that the RIAA speaks for them and only 15% of the independents join my "team" or cause or iconoclastic madness (pick the term you feel best applies), then we still outnumber them.
We should outweigh them in court BECAUSE they control virtually the entire market, not despite it. The bigger the corporation working together for the market benefit of a small minority at the expense of all others, the greater the likelihood of successful prosecution of an antitrust case. |
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Striker222
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Date: May 2, 2003 @ 2:37 PM
Good, it looks like the beginning of the end for the RIAA, and their methods of legal terrorism. Using the legal system (which they have most likely paid off in the first place) to harass college students who haven't even done anything illegal is just downright despicable. To me, there is no difference between the RIAA and Al Queda. Al Queda labeled its targets "infidels", and RIAA labels its targets "pirates". Sadly, the targets of both organizations are the average everyday American citizen. |
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Phoenix92x
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Date: May 4, 2003 @ 3:55 PM
I'm interested in joining this Class Action, only problem is, I'm a minor (16) can I still be part of the case?
Also, my best wishes for the fight, I'd love to help if I can.
Your Friend and Ally,
Phoenix |
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DavisDeluxeM...
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Date: May 28, 2003 @ 9:35 PM
Dear George & Folks,
We found an online article about your website a month or so ago. We immediately posted a front page link to your site on our online music magazine,
DavisDeluxeMusic.Com
We sincerely believe that your efforts are warranted and most justified and we salute you for them. The RIAA is the unionizing factor behind the major labels today, it is totally self-serving and contributes absolutely nothing to the music industry, the music
itself or to the consumers of music. We
whole heartedly support you in this matter. If we can be of assistance to you please contact us. Our online site will continue to carry the link to your website in an effort to spread the word to as many others as possible. And while in the internet world perhaps, we are just another online music rag, in the "real" world we are also an ASCAP affiliate music publisher.
Best regards,
Gary W. Davis
President
DavisDeluxeMusic.Com
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brocksolid
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Date: March 27, 2004 @ 6:40 AM
Fuck the godamn riaa and their greedy ass artists. THEY CAN SHOVE IT UP THEIR ASS. KAzaa rules I Will NOT stop using it u will neva catch me. U can't anyways. FUCK THE RIAA AND THE GAY FBI. U fatbloated money grubbing warthogs. KAZAA BABY WOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOO!!!!!!!!!! |
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