New RIAA identity blunder
p2pnet.net news:- Warner Music, EMI, Vivendi Universal and Sony BMG’s RIAA isn’t doing too well with alleged p2p file sharers represented by Daliah Saper (right).
It came a major cropper when it tried to nail Paul H. Wilke, a 52-year-old Illinois man, for illegally distributing music online, the fact none of the songs named were on his computer ‘illegally,’ or in any way ‘illegal’ notwithstanding.
The RIAA wasn’t even able to get his name right.
Be that as it may, with Saper behind him, he said he’d never used p2p file sharing programs, let alone illicitly distributed songs or made them available for distribution online.
Moreover, the songs he was supposed to have distributed online were legally ripped from CDs he’d bought and paid for.
Now it’s déjà vu all over again for the RIAA (Recording Industry Association of America).
It tried to get Lee Thao for allegedly sharing files with Kazaa, the p2p program which features prominently in so many RIAA sue ‘em all cases.
Kazaa is now operating on the other side of the fence having become a virtual cartel application. But not before it was itself sued in a class action.
Kazaa deceptively marketed its product as allowing “free downloads,” said Recording Industry vs The People when the suit first came to light.
Kazaa, created by Joost entrepreneurs Niklas Zennstrom and Janis Friis but now owned by Australia’s Sharman Networks, designed its software, “in such a manner as to create a shared files folder and make that folder available to anyone using Kazaa, while at the same time failing to make the user aware that it had done so,” says the post, going on:
“It surreptitiously installed ’spyware’ on users’ computers which made the shared files folder accessible to the Kazaa network even after the user had removed the Kazaa software from his or her computer.”
Now the RIAA has been forced to drop the case against Thao.
“The RIAA based its case on information that the cable modem used to partake in file sharing was registered to Mr Thao,” says Recording Industry vs The People, adding:
“However, both the ISP and the RIAA failed to recognize that Mr Thao was not a subscriber to the ISP at the time of the alleged file-sharing, and therefore did not have possession of the suspect cable modem at that time.”
Saper had the case dismissed after pointing out this latest RIAA blunder.
Also See:
major cropper – RIAA blows Wilke case, October 14, 2006
itself sued – Kazaa sued in class action, December 7, 2006
Recording Industry vs The People – Class Action Filed Against Kazaa on Behalf of Customers Sued by RIAA for “Shared File Folders”, December 7, 2006
Recording Industry vs The People – RIAA Drops Another Case In Chicago Against Misidentified Defendant, May 3, 2007
If your Net access is blocked by governBryan Adams slams Net radio hikement restrictions, try Psiphon from the Citizen Lab at thIs the endSurvey: How Did Copyright Infringement Become Equated with Robbery? (of the Net) nigh?zze University of Toronto’s Munk Centre for International Studies. Go here for the official download, here for the p2pnet download, and here for details. And if you’re Chinese and you’re looking for a way to access independent Internet news sources, try Freegate, the DIT program written to help Chinese citizens circumvent web site blocking outside of China. Download it here.
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Tired of being treated like a criminal? They depend on you, not the other way around. Don’t buy their ‘product’. Do bug your local politicians. Use emails, snail-mail, phone calls, faxes, IM, stop them in the street, blog. And if you’re into organizing, organize petitions, organize demonstrations and then turn up on your local political rep’s doorstep, making sure you’ve contacted your local tv/radio station/newspaper in advance. Don’t just complain. Do something!
May 3rd, 2007 at 6:58 pm
Saper’s not much of a lawyer. The cases were dropped WITHOUT prejudice, and her client did not recover legal costs from the RIAA. Given the gross mis-identification, even the worst lawyer could obtain that result. This is nothing to brag about.
May 4th, 2007 at 8:12 am
The only way to stop RIAA is to start killing the assholes off! I do mean literally killing them!!!