|
RIAA sues innocent woman
The RIAA has been forced to drop its lawsuit against a 66-year-old woman who's never downloaded or shared a song in her life.
Sarah Seabury Ward was one of the 261 people the RIAA netted in its subpoena sweep, the spearhead of its sue 'em all campaign.
But Ward is a "computer neophyte" who never, "installed file-sharing software, let alone downloaded hard-core rap about baggy jeans and gold teeth, according to letters sent to the recording industry's agents by her lawyer, Jeffrey Beeler," reports a September 24 Boston Globe here.
"Beeler complained to the RIAA, demanding an apology and 'dismissal with prejudice' of the lawsuit, which would prohibit future lawsuits against her," the Globe story continues. "Foley Hoag, the Boston firm representing the record labels, on Friday dropped the case, but without prejudice.
"Please note, however, that we will continue our review of the issues you raised and we reserve the right to refile the complaint against Mrs. Ward if and when circumstances warrant," Colin J. Zick, the Foley Hoag lawyer, wrote to Beeler.
The RIAA had to abandon its attack on Ward. It had no choice, although it's saying, through its lawyer, that more may come. However, the RIAA screw-up begs the question: How many more people are being pilloried by the RIAA are similarly innocent?
A number of people have already said they had no idea they were sharing because their p2p app automatically defaulted to the incoming directory, revealing its contents to uploaders. Others have said their children or friends were responsible and they didn't know sharing was going on.
'So? You're guilty anyway,' says the RIAA.
There are other scenarios under which an innocent victim can be (and probably has been) accused by the RIAA. But of course, since the RIAA tactic is to terrify people into settling out of court, instances don't come to light.
In the meanwhile, "When the RIAA announced they were going on this litigation crusade, we knew there was going to be someone like Sarah Ward," Cindy Cohn, legal director for the EFF (Electronic Frontier Foundation) is quoted as saying.
The lawsuit claimed that Ward had illegally shared more than 2,000 songs through Kazaa and threatened to hold her liable for up to $150,000 for each song. The plaintiffs were Sony Music, BMG, Virgin, Interscope, Atlantic, Warner Brothers, and Arista.
Among the songs she was accused of sharing: 'I'm a Thug,' by the rapper Trick Daddy.
Other defendants have blamed their children for using file-sharing software, but Ward has no children living with her, Beeler said. Moreover, she uses a MAC and Kazaa runs only on PCs.
According to the lawsuit, recording industry investigators tracked the file-sharing activities of a Kazaa user with the moniker Heath7 and found the IP. The RIAA, "then issued a subpoena to Comcast, the user's Internet service provider, demanding the name, address, and e-mail address of the person behind the IP address," says the Globe.
A Comcast spokeswoman, Sarah Eder, would not comment, citing customer privacy concerns. Comcast always notifies its customers after a subpoena compels the company to release information about them, she said.
The EFF has counseled about 30 of the 261 people sued, Cohn said, adding that some have settled for fear of spending too much money fighting powerful corporations.
"Jonathan Zittrain, an associate professor of Internet law at Harvard Law School, said the dismissal shows that the record companies may find it tough to prevail if their lawsuits go to court," adds the story. "Their legal strategy assumes that most defendants will settle rather than fight, and the lawsuits are so damaging to their public image that they cannot afford protracted legal battles with alleged file-swappers."
User Comments
(These do not necessarily reflect the beliefs of this site)
|
RIAABoycott
|
Date: September 24, 2003 @ 9:12 AM
Hah Looks Like The falling is starting!
'So? You're guilty anyway,' says the RIAA
(Can You Say Illegal)
-Devan-
|
|
eintier
|
Date: September 24, 2003 @ 9:19 AM
What a crock of shit, this should show congress that the RIAA's methods are unreasonable and ineffective, and potentially damageing, I would sue the living shit out of Comcast too, BTW Kazaa is suing record lables for copyright infringement...LOL see more below;
Technology - AP
Makers of Kazaa Are Suing Record Labels
24 minutes ago Add Technology - AP to My Yahoo!
LOS ANGELES - Turning the tables on record labels, makers of the most popular file-sharing network are suing entertainment companies for copyright infringement.
Sharman Networks, the company behind the Kazaa file-sharing software, filed a federal lawsuit on Monday accusing the entertainment companies of using unauthorized versions of its software in their efforts to snoop out users.
Sharman said the companies used Kazaa Lite, an ad-less replica of its software, to get onto the network. The lawsuit also claims efforts to combat piracy on Kazaa violated terms for using the network. Entertainment companies have offered bogus versions of copyright works and sent online messages to users.
Sharman's lawsuit also revives its previous allegation that the entertainment companies violated antitrust laws by stopping Sharman and its partner from distributing authorized copies of music and movies through Kazaa.
U.S. District Judge Stephen V. Wilson rejected those claims in July but last week allowed Sharman to try again.
The Recording Industry Association of America (news - web sites) called Sharman's "newfound admiration for the importance of copyright law" ironic and "self-serving."
Universal Music Group and Warner Music Group declined comment on Sharman's latest lawsuit.
|
|
Bufo
|
Date: September 24, 2003 @ 9:31 AM
eintier,
Interesting info about Sharman lawsuit.
Perhaps Sharman's lawsuit will help highlight how crazy our existing copyright laws really are.
As I wrote on another reply, RIAA spokespeople may have an easy time convincing the public that some file sharing of music violates copyright law, but they would never want to be challenged in public about the fairness of existing copyright law. |
|
1953GM
|
Date: September 24, 2003 @ 9:37 AM
More and more we find that, in this Great Country, we are all presumed Guilty and must be proven inocent! The other way around only exists in the movies. |
|
AverageConsumer
|
Date: September 24, 2003 @ 9:38 AM
Eintier, do you have a link to the LA story? I'd like to read it. |
|
nailedshutpunk
|
Date: September 24, 2003 @ 9:45 AM
i wish some of you would go over to the five iron frenzy message board. its been ah ot issue where a majority of people claim it to be illeagle and they listent o no reason. ive about given up preaching the word there. they are coninved that the artists make money off of cds.
it saddens me cause i only try and decuate but it falls of deaf ears. |
|
woodhead
|
Date: September 24, 2003 @ 10:04 AM
The Riaa has hit all three nails on the head that SEn norm Coleman was worried about. Good for them, show uis and the rest of the world how idiotis this crusade is. This is getting to better than a lot of comodies than I have seen. |
|
svengali
|
Date: September 24, 2003 @ 10:12 AM
grandmas like trick daddy? |
|
MikeTwo
|
Date: September 24, 2003 @ 10:15 AM
Hah...
Can you hear it Cary?
Tick...tock...tick...tock...
:)
|
|
MikeTwo
|
Date: September 24, 2003 @ 10:19 AM
We should try to get this lady to countersue for invasion of privacy. We need to bring this to the courts, that's where it'll be won! Any ideas? |
|
stopthemadness
|
Date: September 24, 2003 @ 10:34 AM
the issue here is that the riaa claimed that she downloaded 2000 songs on kazaa and she owns a mac computer, that of which cannot be used with the p.c. software that kazaa has that uses windows. what a mix up. there will be millions of these situations popping up and the riaa will be exhausted from their search and destroy misssion. the lady fought and she had won. kudos for her. their actions on trying to snoop on everybody downloading music on the internet will be and is a violation on everybodys rights and the gestapo tactics of this so called association is a crime here in america. money talks here in america, so it will take time for this to end. |
|
compmore
|
Date: September 24, 2003 @ 10:35 AM
Rapper Grandma. I'm so glad the RIAA is out there protecting us from these menace's to society. I can sleep better at night now. (note the sarcasam) |
|
stopthemadness
|
Date: September 24, 2003 @ 10:39 AM
the riaa has the law and the couts on their side right now. sorry to say but there is going to be more innocent people going to the courts behind this and once more and more similar cases of the one above appear, then action can be taken. i'm sure this will happen again. |
|
stopthemadness
|
Date: September 24, 2003 @ 10:43 AM
compmore: i could'nt agree with you more because they are putting themselves to sleep as well (LOL). :} |
|
InsaneWayne
|
Date: September 24, 2003 @ 10:45 AM
If I were a judge, and an officer cited a ticket for doing 70mph in a 35 mph zone to a tractor that isnt capable of doing over 25mph, I'd have to throw out every ticket that officer wrote.
Now untrained private citizens writing tickets?!? Where's your radar gun training? Sure ya got that plate right?
I hope Sherman sues and wins $150,000 for each file the RIAA DL'd regardless of the copyright ownership of the file, because the RIAA's useage of the unauthorised version IS an infringment on EVERY file, and just as bad, if not worse, then the file-sharers, the cable-stealers, and all the pirates put together. If Jungle Mike gets 90 days then each member of the RIAA should. |
|
jnsnlace
|
Date: September 24, 2003 @ 10:46 AM
Average........heres that article
http://rss.com.com/2100-1023-982344.html |
|
purfus
|
Date: September 24, 2003 @ 10:49 AM
self serving.... HAHA gees wouldn't want an organization to use the laws to their favor..... Certainly we should all follow the example of the RIAA and hold the intention of the laws to the utmost importants :)
|
|
boltbot
|
Date: September 24, 2003 @ 10:52 AM
This brings up the question of how accurate the ISP's records of IP usage are. If there is bug in their logging software or even human error at the ISP it could result in handing over the wrong name. I have a dynamic IP so I can have a different IP every time I boot. In theory the ISP should be able to log this without mistakes, but this is the real world. |
|
Feisar
|
Date: September 24, 2003 @ 10:54 AM
Send an RIAA flinky lawyer to my house. You will see that son-of-a-bitch bloodies and being carried away to an ambulence. I will get the best lawyer and scream that my privacy was violated all over the news. I will be the biggest media whore. I will refer to the RIAA as a "terrorist organization that hacked my computer". Remember folks, you do not have to prove anything these days. All you have to do is make an accusation and label someone or something and they will have that stigma in the media. Let's use THEM to our advantage. Woot! |
|
jnsnlace
|
Date: September 24, 2003 @ 10:58 AM
Average...sorry had 2 windows open and did the wrong one..heres that link:
http://story.news.yahoo.com/news?tmpl=story&u=/ap/file_sharing_lawsuit&cid=562&ncid=1659 |
|
MerylStryfe
|
Date: September 24, 2003 @ 11:17 AM
LOL svengali!
The RIAA disgusts me. This "lawsuit" money that they claim to be using to defend artists isn't even going to recompense the artists whom they claim to be suing for. A poster here named Otaku, said that the RIAA already charges a tax on blank cds in this country. Which means, they're already getting money out of my pockets for whatever I download. Why hasn't anyone at the EFF addressed this?
The RIAA acts as if the American public is robbing from them blindly. I know there are such things as mp3 devices. And I realize that some people don't automatically purchase cds to burn their content onto because they enjoy listening to the songs on their computer. But, what if a person decides to purchase blank cds and burn their music onto their disc? The RIAA would already be compensated wouldn't it?
So the RIAA's Clean Sweep program would be illegal on two fronts. Not only is it of course, a shyster's bill. You have no real immunity from lawsuits from these other corporate majors. However, they want to force people to destroy their cds. If they're already being compensated with a tax from these blank cds, (whether or not I use the cds to actually burn music or not), then they're already compensated in my opinion.
I'm not sure if this is a real legal statute, so don't quote me on that. It's just a thought. |
|
AverageConsumer
|
Date: September 24, 2003 @ 12:41 PM
jnsnlace, thanks for the link. This quote jumped right off the page at me:
----------------
The Recording Industry Association of America (news - web sites) called Sharman's "newfound admiration for the importance of copyright law" ironic and "self-serving."
Universal Music Group and Warner Music Group declined to comment on Sharman's latest lawsuit.
------------------------------
If this isn't better than watching a 3 ring circus, I don't know what is. |
|
Lestat-de-Li...
|
Date: September 24, 2003 @ 12:45 PM
I thought we were innocent untl proven guilty here. So much for freedoms of the American people eh?
If I were her, I would seriously have looked into a counter-suit, against her ISP and the RIAA. Her ISP for releasing the info without enough evidence (obviously) and the RIAA for even trying to sue her without enough evidence, damaging her name. |
|
JohnCarlton02
|
Date: September 24, 2003 @ 12:52 PM
BWHAHAHAHAAAAAA!!!!! Stupid RIAA!
The EFF & ACLU should file suit against the RIAA & the ISP for the mental anguish this has obviously caused the innocent woman.
Time for the lawmakers who supposedly work for their constituents (but in reality work as prostitutes by selling their @sses to every corporate interest that'll cut 'em a check) to tighten up the powers granted by the DCMA (like the illegal subpoenas signed by only some nitwit court clerk). |
|
W-B
|
Date: September 24, 2003 @ 1:18 PM
To paraphrase a famous movie line, it appears to be a truism that being the RIAA means never having to say you're sorry. Their callous insensitivity and arrogance would never be tolerated in any other scenario or situation -- at least, that is until corruption entered into the picture years ago. |
|
ILUVELPEES
|
Date: September 24, 2003 @ 1:24 PM
This is exactly why the subpoena powers of the RIAA need to be reigned in and throughly examined. I sincerly hope hope they use this as a prime example in Sen. Brownback's proposed legislation. |
|
hangtogether
|
Date: September 24, 2003 @ 1:28 PM
Suing innocent people huh? I tell ya, that just put me in a cd buying mood alright. This stuff is comedy gold. :D Oh no! Since I'm being entertained for free (the horror!), I'm less likely to go out and watch the latest MPAA pile of smooth-brained junk. Cut it out riaa! You're stealing from the MPAA!! |
|
musixman
|
Date: September 24, 2003 @ 1:43 PM
TIme for me to buy a MAC as a backup. hehehe |
|
ConsumersAbyss
|
Date: September 24, 2003 @ 1:48 PM
I hope sombody actualy makes it into the courts. If they start loosing these things in court it would hurt the sue plan. Personaly if I were this lady I might look into counter suing for something like Defamation Of Character. |
|
dv8matrix
|
Date: September 24, 2003 @ 1:57 PM
Damn the MAN are the fat cat in the record industry really suffering because of PPS I dont understand how you can charge $17.99 for a CD w/ 15 tracks and charge the same price for one with 10 and of those 10 or 15 only a few track are any good the riaaa should go after the artest who do a half ass job at creating an album THE RIAA CAN KISS MY ASS i wish they would come after me man i'll... |
|
ZeonMusic
|
Date: September 24, 2003 @ 2:32 PM
I'd just love to see the look on Cary-Sue's face when he approaches someone and offers his settlement, and they stare him straight in the eyes and say "Hell no! We're goin' to court, punk!" Betcha he'll be surprised.
So it looks like RIAA isnt invincible after all. What's the matter, Cary-Sue? Did this sweet little old lady shatter your delusion? Uweeheeheehee!! |
|
4thSSpolizei
|
Date: September 24, 2003 @ 3:26 PM
I think bill mahr said it best about high priced music with only one or two good tracks on the album, was the most common excuse people used.
he said, Yea, like that is something new. Then proceeded to show like 5 records from the 70's with like 1 good song on them. Nothing new in that dept. |
|
deletethispost
|
Date: September 24, 2003 @ 5:13 PM
It really ticks me off that the RIAA is basically saying, "No, you are guilty, but we'll let you off the hook for the moment." They really are out of control and need to be shut down. Even paid for politicians can only go along with so much foolishness before they will start to jump ship. It's all going to start crashing down around the RIAA very soon. |
|
Jazzmary2U
|
Date: September 24, 2003 @ 5:26 PM
..can she countersue for defamation of character? |
|
Justin42980
|
Date: September 24, 2003 @ 5:49 PM
Yeah, that's a good question. If i was wrongly accused, had to hire a lawyer to defend me, and had my name used in a negative light I would think you would be able to countersue.. It's like if someone falsly accused someone of raping them, then after the the defendent hired a lawyer and spent tons of cash to defend themselves, then in the end the plaintiff says,' Ooops, my bad, wrong guy" I would think you would be in deep sh*t.. |
|
deletethispost
|
Date: September 24, 2003 @ 6:14 PM
Unfortunately, in order to counter-sue, she would still have to deal with those same deep-pockets that are ready and waiting to sue file-sharers out of existence. I'm fairly sure her lawyer advised her against it. |
|
bluerhythmjo...
|
Date: September 24, 2003 @ 6:25 PM
If I were sued by the RIAA, I'd hire Mrs. Ward to testify as an expert witness on how the RIAA is incompetent to find real downloaders. |
|
TheBeansprout
|
Date: September 24, 2003 @ 6:28 PM
If you can sue for a restaurant making you fat, why can't you easily counter-sue for defamation of character?
Oh, I forgot, the people we're fighting are right up there in terms of Republicanship and oil... |
|
Tinker36
|
Date: September 24, 2003 @ 6:33 PM
I'm not a Mac user, but if she had a Windows emulator like "Virtual PC" on her Mac, would she be able to use Kazaa? As far as I can see, it installs a modified Windows OS (various flavors) in a partition and allows it boot like any other multi-OS system. |
|
Slydder41
|
Date: September 24, 2003 @ 7:54 PM
A Comcast spokeswoman, Sarah Eder, would not comment, citing customer privacy concerns.
OH MY GOD!!! This is so FRICKEN unbelievable its pathetic!! (Comcast: "Golly sorry we can't comment it would invade the privecy of our user" OH MR. RIAA oh you say you want customer info?? Oh sure here ya go" WHAT FRICKEN HYPOCRITES!!! Man I can't believe this SH#T!! Can't tell us anything but have no problem telling the RIAA everything but the ladies bra size. HOW PATHETIC and the real sad thing is I have comcast (due to thier buyout of ATTBI) and have no other option to use, no other Cable ISP and am too far away for DSL DAM THIS SUCKS!! |
|
Slydder41
|
Date: September 24, 2003 @ 8:01 PM
wnloaded 2000 songs on kazaa and she owns a mac computer, that of which cannot be used with the p.c. software that kazaa has that uses windows. what a mix up.
Sad thing is the RIAA will come out of this clean since they will claim its Comcasts fault as they asked for info on the abuser and Comcast gave them the wrong info.
Plus if you notice the arogance of the RIAA I love this part below:
"Foley Hoag, the Boston firm representing the record labels, on Friday dropped the case, but without prejudice.
"Please note, however, that we will continue our review of the issues you raised and we reserve the right to refile the complaint against Mrs. Ward if and when circumstances warrant," Colin J. Zick, the Foley Hoag lawyer, wrote to Beeler
MY HECK!! found to be screwing the pooch and they STILL won't admit any wrong doing.
|
|
demon--3012
|
Date: September 24, 2003 @ 8:16 PM
I wish the RIAA would copyright their Stupidity and then stop sharing it with the rest of us. |
|
Gchic
|
Date: September 24, 2003 @ 8:21 PM
I'm sick and tired of living in a country that taunts me with that free speech clause. They wave it in front of my nose then take it away. The only people who have free speech along with all the other rights are the corporations. I'm sick of living in a country that claims to be democratic yet is so obviously a capitalist nation. I'm sick of being accused of being a "virtual shoplifter" when I haven't stolen a product that was MADE for SALE. This ploy to make up for the lost money for having shitty music has gone too far. We can't let these corporations dictate our lives. Who is the RIAA anyway?? They don't represent EVERY SINGLE LABEL out there now do they. They represent the wealthiest labels out there today. Who are they to act as police, investigate and use that information as FACT in a court of law? So just because they control 80% of the world's record sales of shitty music, they feel it's their duty, no, their right to seek out what they call "virtual shoplifters" and sue the pants off them so they can't send their kids to college. I'll tell you one thing, I will never buy a CD again, EVER.
This is how we win against the RIAA:
***** DON'T BUY CDS!!!! *****
They're attacking us for "stealing" their music. But what about the fact that the economy is bad and most of the music out there, that these labels are turning out, is CRAP! Oh, but that doesn't matter, their sales aren't going up so they have to make up for it some other way, so what they do is take the money we don't have and prevent the youth of tomorrow from going to college. And all the while, the law benefits who? That's right kiddies, the RIAA. I don't know about you, but I'm proud to be an American. |
|
Gchic
|
Date: September 24, 2003 @ 8:21 PM
Maybe the RIAA forgot that they shouldn't bite the hand that feeds them... |
|
captdunsel
|
Date: September 24, 2003 @ 9:12 PM
I'm still wondering why mroop hasn't chimed in explaining that she probably needed suing for something anyway. |
|
francechic
|
Date: September 24, 2003 @ 9:35 PM
le baiser de riaa mon bout tout qu'ils veulent est toute notre merde sainte d'argent, ce qui est errone avec le????? de ces personnes quel genre d'exposition anormale sont-elles foutu courir??? un rien tres avide mais pathetic, elles doivent etre le MAUVAIS arrete!!! elles doivent etre assez flexable pour avoir leur tete qui loin vers le haut de leurs bouts!!!! |
|
captdunsel
|
Date: September 24, 2003 @ 9:41 PM
well said. would you marry me? |
|
francechic
|
Date: September 24, 2003 @ 9:43 PM
il riaa puo baciare la mia asino. tutta che desiderino siano tutta la nostra merda santa dei soldi, che genere di scopare l'esposizione strana e il funzionamento??? devono interrompersi molto MALE, necessita di essere chiuso giu distorsione di velocita, devono essere abbastanza flessibili avere loro testa quell'lontano in su loro asino!! |
|
francechic
|
Date: September 24, 2003 @ 9:46 PM
i apologize if my french, and italian sound weird. i dont hav world keyboard or whatever its called that lets me put the accent marks. please bear with me. |
|
captdunsel
|
Date: September 24, 2003 @ 9:49 PM
French and Italian? seriously, will you marry me? |
|
fucary
|
Date: September 24, 2003 @ 10:26 PM
Foley Hoag sounds like another organization we should be annoying the bejeezus out of. I'll find out their info and let you all know. |
|
boycottearth
|
Date: September 24, 2003 @ 10:41 PM
$150,000 dollars for each song... this makes no sense... Apparently they're suing for that much because, well, who knows how many people got free music from you. But file sharing services like KaZaA put downloaded music right into the shared folder. All the people who downloaded from you would be sharing anyway, and then they get sued for the same damn file on the same damn computer. If they sued for one song from one album, and found, say, a hundred people with that song, they would get $1,500,000 from the lawsuits. Makes no sense. It's just a tangled web of imaginary money transactions, all eventually leading to the RIAA's wallet. Maybe they don't realize how file sharing works. Or maybe they're bastards. |
|
fucary
|
Date: September 24, 2003 @ 10:42 PM
http://www.fhe.com
Click on the contact link and select Colin Zick. Then tell him what you think of him and the firm that employs him for picking on innocent old women.
Maybe they need the money. Check this out:
http://www.infirmation.com/shared/lss/one-payscale.tcl?employer_id=MA0300 |
|
francechic
|
Date: September 24, 2003 @ 10:44 PM
captdunsel, hahahahahaha!!!! maybe ill marry when its leagal 4 me!!!! lmao |
|
francechic
|
Date: September 24, 2003 @ 10:46 PM
captdunsel, i also know very few russian, in france, a student is required 2 take 2 foreign lingos. i took latin and italian. |
|
captdunsel
|
Date: September 24, 2003 @ 10:47 PM
oh well, I still have the cause.... |
|
fucary
|
Date: September 24, 2003 @ 10:48 PM
As for the FHE link above, take out the br tag after the URL and it will work. By the way, after you send your message, it is possible to hit the back button and send it over and over and over... |
|
francechic
|
Date: September 24, 2003 @ 10:51 PM
haha!!! funny stuff captain!!! *satutes* lol |
|
francechic
|
Date: September 24, 2003 @ 10:55 PM
OH, YES! YES!!!!!!!!!!!! I WILL MARRY YOU!!!!!!!!!!! *laffs histerically* ur a pretty funny guy!! *tryin not 2 sound sarcastic* |
|
captdunsel
|
Date: September 24, 2003 @ 11:19 PM
I speak english, sometimes, unless the riaa what's to sue me then I no comprende |
|
hawk7771
|
Date: September 24, 2003 @ 11:27 PM
well guys and gals my computer is copyrighted (C) so is yours type one original thought and it's copyrighted.just put that (c) sue them for everything 750,000.00 worth. who knows where they went when they copied the shared forlder what else did they copy. |
|
captdunsel
|
Date: September 24, 2003 @ 11:33 PM
that's an easy one, they copied everything they could and if you watch your firewall logs you will see that after they id you for having filesharing software on your machine they will be scanning your ports heavily |
|
bmr007
|
Date: September 24, 2003 @ 11:56 PM
Cary-Sue better hope "rapper Grandma" doesn't bust a cap in his cracka ass. |
|
CelticGwen
|
Date: September 25, 2003 @ 12:15 AM
Unfortunately, as I understand it, ISPs don't have a choice. Verizon, I think, was the first to challenge the subpeonas, stating this was an invasion of privacy. The rest of the ISPs witheld any info until the ruling came down. When the courts sided with the RIAA, they pretty much had no choice but to comply with the subpeonas. Unless some attorney somewhere can find a loop hole, I think their hands are tied. An ISP is not going to spend big bucks only to lose, even if it is the right thing to do. I work for an ISP targeted by these subpoenas (tech support). Everyone in my call center held their breath waiting for this verdict. We didn't want to see our customers pay for something so stupid. All I could think about was how many calls I had taken from folks who had PC problems from KaZaA spyware, and didn't even know what KaZaA was! Lets face it, not every parent knows what their kids do on the PC. The day the verdict came down against Verizon, we got an email that stated our company would have no choice but to turn this info over, per the court. Sure..I would love to see my company fight this tooth and nail. But I know it isn't going to happen. And it doesn't appear any of the other ISPs are fighting too hard either. Its just business decision. People like me a caught in the middle. I work for a big bad ISP (hey its a living!). While I'm there, I clue as many people as I can to this site. |
|
XxShadowxX
|
Date: September 26, 2003 @ 7:32 PM
Didn't something similar to all of this (supposedly) happen to that MIT guy who was tied to the handle "crazyface"?
As I recall, he had provided ample verifiable evidence that he wasn't the one sharing the files in question...
If memory serves, he had proved he was in Romania, without a computer at the time :)
Regardless, my point is this - Mrs. Ward is not the first innocent victim in this mess, and is definately NOT going to be the last - it's just encouraging she had the gusto to fight the RIAA, and not settle...
Someone should email Sen. Coleman a copy of the EFF's article about this ( http://www.eff.org/IP/P2P/20030924_eff_pr.php ) and/or send hard him a hard copy - as this is exactly the sort of thing he didn't want to see happening in the RIAA's "sue 'em all campaign", and one of the very reasons for his inquiry into the RIAA's tactics...
Bear in mind - one of the first questions Sen. Coleman asked was what the RIAA was doing to safeguard people from erroneous lawsuits - the answer, is a resounding nothing!
If used correctly, this information could put the RIAA in a serious catch-22: they can either lie (as usual ;) ) calling Mrs. Ward's case an "isolated incident" and hoping that it will, in fact be one (yeh, right), or admit that they haven't done anything to validate the information they've received (in their own, uber-confusing legalese so as not to raise any eyebrows)...
Personally, I hope they do lie and try to keep the the "egregious offenders" crap - then someone could use the RIAA's own actions against them (read this quote from http://www.eff.org ):
"Although Recording Industry Association of America (RIAA) spokesperson Jonathan Lamy told Associated Press that the group is targeting only "proven, egregious offenders," RIAA President Cary Sherman admitted to CNET that the recording industry makes no attempt to contact informally the targets of the lawsuits before suing them."
'Proven, egregious offenders'? (What, like Mrs. Ward?)
More like guilty until proven innocent :) |
|
|