p2pnet.net News:- The Big Four Organized Music cartel’s attack against New York home health aide Marie Lindor, accused of being a “massive” online distibutor of music, has taken on a new dimension.
Actually, it’s an old one.
Having wrung the cloth dry with Lindor herself, Warner Music, EMI, Sony BMG and Vivendi Universal have switched their attention to her son, a paralegal in a law firm.
And they’ve come up with a refinement to another old ploy – trying to access victims’ hard drives, a trick they’d tried on Lindor.
It’s SOP to initially target parents such as Lindor, who’s expertise in the areas of computing and computers is zero, knowing full well the cases have absolutely no merit.
Then they turn their attention to their vicims’ children, the real targets in the first place.
Raymond is represented by Richard A. Altman, “one of the first lawyers to take on the RIAA’s ex parte ‘John Doe’ subpoena process, back in 2004, in Elektra v Does 1-9,” says the post.
Demanding access to victims’ computers has become routine, but the Big Four have now escalated their demands to include, “production of ‘[a]ny and all computers and/or music listening devices including iPods and MP3 players in your possession, custody or control,’ by November 27,” says Altman in a court document.
On November, Raymond told the RIAA’s Holme Robert & Owen lawyer Richard Gabriel (right) he’d retained Altman, “and Mr. Gabriel called me later that day,” says Altman.
“He asked me to accept service of the subpoena on behalf of Mr. Raymond, but I refused to do so, and instead requested that he withdraw what was clearly an improper and harassing discovery demand directed to a non-party witness. He refused to do so. I demanded to know the evidentiary support for his position that Mr. Raymond had any evidence in his possession which could justify the fishing expedition or affect his legal position with respect to the defendant. I further informed him that Mr. Raymond was employed as a paralegal in a law office, and that his computers contained numerous client files of a confidential and privileged nature.”
In another case, disabled Oregon mother Tanya Andersen had for months been begging the RIAA to look at her computer so they could see for themselves that she was innocent of their charges.
They didn’t want to know until one day, they suddenly changed their minds, demanding complete access to her hard drive.
However, by then Andersen was wiser to the ways of the RIAA and to the Big Four’s frustration, judge Donald Ashmanskas told her to hire her own independent private forensic expert to look for specific files, also ordering the RIAA to pay for the examination.
“Finally!!!” – declared Andersen. “I’m glad the judge has finally given me the opportunity to show I didn’t do what I’m being accused of, and that the RIAA won’t be able to just search through my entire computer and invade my privacy by looking at stuff they don’t need to look at, like tax info, family photos, financial stuff, etc.”
Marie Lindor – RIAA victim wants case dismissed, October 25, 2006
trick they’d tried – Judge denies Lindor HD request, November 4, 2006
Recording Industry vs The People – RIAA Subpoenas Ms. Lindor’s Son’s Computer, November 21, 2006
innocent of their charges – RIAA p2p file share defeat, March 19, 2006
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