R.I.A.A hit with counter-suit/R.I.C.O Act

Discussion in 'ten-forward' started by spy1, Oct 3, 2005.

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  1. spy1

    spy1 Registered Member

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  2. Primrose

    Primrose Registered Member

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    Andersen, 42, a disabled mother, lives alone with her eight-year-old daughter. The two exist on government disability payments.


    That ain't fighting back..that is a woman with too much time on her hands looking for giggles.. :D :p


    http://www.mp3newswire.net/stories/5002/three_moms.html
     

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  3. spy1

    spy1 Registered Member

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    What a sorry thing to say (I wouldn't expect anything else from you, though). Pete
     
  4. Primrose

    Primrose Registered Member

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    Nor would I expect anyone but you..posting stuff like that in the ten-forward and they and the lawyers will not even get to first base on RICO.
     
  5. spy1

    spy1 Registered Member

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    On the contrary - it's the kind of countersuit that's needed to have been brought for a long time. (And where else would I have posted it here if not in T/F, pray tell?).

    You know as well as I do that both the R.I.A.A and the M.P.A.A have been using horrible tactics ( and only borderline marginally legal tactics at that) on ordinary people just to line their pockets with for a long time now.

    It's about time they got a taste of their own medicine. I sincerely hope she wins a huge settlement (great precedent for others who'd considered countersuits!).

    She's not the first person to have fought:
    http://yro.slashdot.org/yro/05/09/26/2111227.shtml?tid=188&tid=17

    (and be sure to notice that when the R.I.A.A lost against the mother that they went after the minor child - your kind of people, right?)

    - but the inclusion of the R.I.C.O provisions is a piece of work (God knows the R.I.C.O act has been used enough by everyone else who felt the need). Pete
     
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  6. Primrose

    Primrose Registered Member

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    If you play you pay.. :D Before the wife had a brain tumor removed last week..we listen to 105.9 FM easy listening..and she picked the number one song in the top 100 and won $1000 plus in gift certificates around Myrtle Beach..radio is great Pete. ;) .but if ya want to OWN songs..buy them..it's that simple..and teach the kids the same...then no one runs into the RIAA.
     
  7. big ed

    big ed Registered Member

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    Ahem.... Gentlemen,

    One of my first posts at Wilders was to reply in a thread about the downloading of copywrited music. As the gist of my comments were that 'stealing is stealing'; I got hammered by someone who I guess believes that 'the best things in life are free'!

    While the tactics of RIAA are abominable it appears that the womans 13yr old daughter was the culprit. Mama never told the Judge this fact until well into the trial. As the Judge was fairly pi55ed to have had her waste all of the Courts time he allowed RIAA's motion to have the suit dismissed. Both sides had to pay their own Court costs. I'm sure there will be more to come on this one!

    I can't think of a song written in the last 5 or 10yrs thats worth listening to anyways!!

    Belting out the Indian Love Call in Biloxi, big ed
     
  8. Primrose

    Primrose Registered Member

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    Yummy :D
     

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  9. yep

    yep Guest

    stealing is stealing...........

    what are your chances of being sued? - http://www.slyck.com/news.php?story=769
     
  10. yep

    yep Guest

  11. AnthonyG

    AnthonyG Registered Member

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    In my opinion if music producers start filling all the CD's the manufacture with DRM and other crazy prevention thus stopping you playing your own CD's on a computer then P2P serves one hell of a purpose to show them we wont accept that rubbish.
     
  12. beetlejuice69

    beetlejuice69 Registered Member

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    I`m glad to see there`s a few people here that came into the 21st century. :rolleyes:
     
  13. big ed

    big ed Registered Member

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    Someone remarked that file sharing should be ok because no money changes hands and no profits are made or lost! Isn't that the point? Luckily I am not a song writer or performer.

    I make money the old fashioned way.....I print my own!

    Ink don't stink, big ed
     
  14. Primrose

    Primrose Registered Member

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    Well Pete is well known for his selective postings from blogs.. :D fact remains is that the RIAA does not go after people for just downloading the stuff..but rather Distribution...and if these mothers want to blame it all on their kids..the questions begs to be answered..what kind of supervisions do they give their children of those ages..I know many mothers who are on goverment help of some sort..but not many of those can afford the highspeed connections..maybe that gal should enjoin the the USA in that suit for helping to pay for the connection. They all have one thing in common..the same lawyer. ;) They even tried lawsuits against the ISP and failed.


    *****************

    As the RIAA sues file sharers by the thousands, more are starting to fight back against them. Two more mothers, Dawnell Leadbetter of Seattle and Tanya Andersen of Oregon have joined New Yorks Patricia Santangelo to have their cases thrown out.

    Patricia Santangelo, a divorced mother of five children, is one of the thousands of victims of lawsuits by the Recording Industry Association of America (RIAA) aimed at P2P filesharers. The record companies say her computer and internet account were used to illegally distribute copyrighted music through P2P networks. Many of the past lawsuit victims settled for sums ranging from $3,000 to $5,000. The RIAA's settlement centre wanted her to pay $7,500 to settle the case.


    RIAA spokesman Jonathon Lamy claims that the record companies have "ironclad evidence" Santangelo's home computer and Internet account were used to illegally download music. However, Santangelo's lawyer, Morlan Ty Rogers, is sceptical of the evidence the RIAA claims to possess. He said nobody has yet challenged the "boilerplate" language of the lawsuits and said the companies have not got enough evidence to bring the case to court.

    http://www.afterdawn.com/news/archive/6731.cfm



    Comcast sued for disclosing customer info
    April 14, 2005


    Comcast, the top U.S. cable TV network operator, is being sued by a Seattle-area woman for disclosing her name and contact information, court records showed Thursday.

    In a lawsuit filed in King County, Wash., Dawnell Leadbetter said that she was contacted by a debt collection agency in January and told to pay a $4,500 for downloading copyright-protected music or face a lawsuit for hundreds of thousands of dollars.

    Leadbetter, a mother of two teenage children, was a customer of Comcast's high-speed Internet access service.

    The company, Settlement Support Center, based in Washington state, was using information that the Recording Industry of Association of America had obtained in a Philadelphia lawsuit over the illegal sharing of digital music files, said Lory Lybeck, the lawyer representing Leadbetter.



    Accused File-Sharer Can Challenge Music Industry's Collection Efforts


    Judge Martinez dismissed the remainder of the suit, which included claims by Leadbetter against her Internet service provider, Comcast Cable Communications Inc., for disclosing her identity to the RIAA. Leadbetter's attorney, Lory R. Lybeck of Lybeck Murphy LLP in Mercer Island, Wash., said his client will appeal those portions of Judge Martinez's ruling to the U.S. Court of Appeals for the 9th Circuit.

    As Judge Martinez's ruling explains, several record labels filed suit against Leadbetter in the U.S. District Court for the Eastern District of Pennsylvania, although initially only "John Doe" was named as the defendant, because the labels had only Leadbetter's Internet protocol address, a series of numbers that identified her computer.

    Here's a good read for ya..on how it all comes down.
    http://news.corporate.findlaw.com/andrews/bt/cmp/20050916/20050916leadbetter.html
     
  15. Blackspear

    Blackspear Global Moderator

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    Ladies and Gentlemen, let's keep the snide remarks out of this thread or it will be locked up.

    Blackspear.
     
  16. Primrose

    Primrose Registered Member

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    Media, media everywhere, and no time left to think?


    The average American is a ravenous media junkie, consuming up to nine hours a day of television, web time or cellphone minutes, according to new research which raises fresh questions about how technology is revolutionising society.



    From iPods filling commuters' ears, the screens scrolling headlines in the elevator at work to proliferating on-the-move tools like cellphones and Blackberry handhelds, media is everywhere in the United States, like much of the rest of the developed world.

    As information technology marches on, and search engine giant Google even raises the prospect of free wireless Internet access for whole cities, media in all its forms is almost impossible to escape.

    "What does this mean for society?" said Professor Bob Papper, co-author of a study at Ball State University in Indiana, which charted mass media use by Americans.

    There has been plenty of speculation on the impact on daily life of fast expanding media. One theory for instance has it that as people become more and more connected electronically, they are becoming less and less connected personally.


    http://www.breitbart.com/news/2005/10/04/051004060413.1d8efpco.html


    I see a bigger problem..as parents teach or encourage their kids to be petty thieves with no respect for themselves ( Sue them back cause they are the wicked RIAA) and the junk food industry continues to turn them into 'pumpkins'..Educators fight a losing battle to not only develop the mind but also the body.

    Being caught up in the 21st Century will have lasting effect..more medical problems for young adults by the time they reach 18..emotional and personalilty consequences..

    This 'We're Not Taking It Anymore' Club thingie cracks me up :D ...they should not have "taken" the stuff in the first place..


    With that bit of wisdom..I will belt up in this thread.. :p
     

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  17. spy1

    spy1 Registered Member

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    lol! I hope they win, John - and I sincerely hope your wife recovers fully with all possible speed. Best wishes. Pete
     
  18. spy1

    spy1 Registered Member

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    Not-a-blog :D :

    http://www.theregister.com/2005/10/04/riaa_sued/

    "Disabled woman sues RIAA
    Computer snooping claim
    By John Oates
    Published Tuesday 4th October 2005 12:11 GMT
    Get breaking Security news straight to your desktop - click here to find out how

    Justice can sometimes be poetic: the Recording Industry Association of America (RIAA), which has sued 14,800 people for using peer-to-peer networks, is itself being sued.

    An Oregon woman is using anti-gangster RICO laws to countersue the organisation which spends its time suing individual file sharers. She denies ever having downloaded or distributed music and accuses the organisation of trespass - by secretly snooping into her computer.

    According to documents filed with the Oregon court Tanya Andersen, a 42-year old single mother, was accused of downloading gangster rap at 4.24am using the user name gotenkito. The document notes: "Ms Andersen does not like 'gangster rap' music, does not recognise the name 'gotenkito', is not awake at 4.24am and has never downloaded music."

    Ms Andersen was told she could settle with the RIAA or face expensive legal action.

    Count 8 of the document accuses the RIAA of breach of the Racketeer Influenced and Corrupt Organisation (RICO) laws. The document says: "The record companies directed its agents to unlawfully break into private computers and engage in extreme acts of unlawful coercion, extortion, fraud, and other criminal conduct. The record companies and their agents stood to financially benefit from these deceptive and unlawful acts." "


    Sounds like a dead-on description of the R.I.A.A's tactics to me (JMHO, of course). (Emphasis mine). Pete
     
  19. big ed

    big ed Registered Member

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    Well Prim and Proper,

    I think Spyguy made a good point! Mentally and physically disabled persons in the Public Sector should be allowed to take and have anything they desire. Kinda like Politicians and Robbing Hoods. I'm going to the grocery store today to stock up and I'll just cruise by the checkout. Being the generous person that I am I'll share w/my neighbors.

    C'monna my house for free stuff, Piggy ed
     
  20. Primrose

    Primrose Registered Member

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    Hmm..gotenkito o_O wasn't that the name of the spare mount Cochise left with the spyguy to feed and pasture?? :eek:


    June Supreme Court Ruling Taking Toll on Music Sharing

    http://www.washingtonpost.com/wp-dyn/content/article/2005/09/30/AR2005093001681.html
     
  21. Notok

    Notok Registered Member

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    All opinions of filesharing aside, I do not agree with the way the RIAA is handling this at all. Personally I've been so disgusted with the whole situation that I've stopped buying music all together, and don't download music either. I listen to radio and internet radio, and that's about it. When I do buy, it's almost exclusively from independant labels.
     
  22. Primrose

    Primrose Registered Member

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    Thanks Pete ;) As for the MOM..I think she is getting bad advice on this RICO thing..first, she has not been sued..second, her action just might cost her lots of money in the long run..


    http://p2pnet.net/story/6310

    "Notwithstanding the statements, nearly every federal judge in our district refused to apply RICO citing the Noerr-Pennington doctrine of pre-suit immunity. In fact, some states even have onerous anti-slapp statutes that penalize the filing of such suits if they are later dismissed or thrown out."

    :oops:
     
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