Comments on: Silenced by Big Music http://www.p2pnet.net/story/3783 p2pnet.net offers not-your-lamescream news on movies music digital media P2P peer-to-peer TV television file sharing freedom of speech open source product news Wifi mobiles company Mon, 01 Dec 2008 22:42:07 +0000 http://wordpress.org/?v=2.2.1 By: Reader's Write http://www.p2pnet.net/story/3783#comment-23115 Reader's Write Sat, 29 Oct 2005 23:09:50 +0000 http://www.p2pnet.net/story/3783#comment-23115 DirecTV was running a similar racket not too long ago, searching records for anyone who had bought any kind of Smart Card technology and suing them for stealing their signal. Even when they had no satellite receiver of any kind. Guilt by association. Because smart cards could be used to gain unauthorized access to their signal (never mind they had to be programmed in order to do so) if you had any kind of smart card technology you were automatically guilty of stealing their signal. No matter what. You could be using it to run a milling machine, and you were still guilty. But finally somebody got smart and called their bluff, and their big exortion racket came to an end. I believe the same could be done to RIAA's extortion racket. And maybe make them repay everyone that they have robbed, plus their legal expenses. DirecTV was running a similar racket not too long ago, searching records for anyone who had bought any kind of Smart Card technology and suing them for stealing their signal. Even when they had no satellite receiver of any kind. Guilt by association. Because smart cards could be used to gain unauthorized access to their signal (never mind they had to be programmed in order to do so) if you had any kind of smart card technology you were automatically guilty of stealing their signal. No matter what. You could be using it to run a milling machine, and you were still guilty. But finally somebody got smart and called their bluff, and their big exortion racket came to an end.

I believe the same could be done to RIAA’s extortion racket. And maybe make them repay everyone that they have robbed, plus their legal expenses.

]]> By: Reader's Write http://www.p2pnet.net/story/3783#comment-23114 Reader's Write Sat, 29 Oct 2005 22:52:29 +0000 http://www.p2pnet.net/story/3783#comment-23114 Fight back! Try to find a good lawyer knowledgable in IP matters who will take your case pro bono, and countersue. Better yet work with him to organize a class action coutersuit with others who have been so victimized. The RIAA people running this racket are bullies who pick on people weaker than themselves, and if confronted will frequently back down. They are using guilt by association, presuming anyone who has any kind of p2p software on their computer is automatically guilty of copyright infringement, even if they have never downloaded a single file. MAKE THEM SHOW REAL EVIDENCE. Never forget, under US law you are presumed INNOCENT until proven guilty. Something to keep in mind: The RIAA uses IP addresses to identify alleged violators. But many ISPs use DHCP (Dynamic Host Configuration Protocol) to assign IP addresses. DHCP takes a new address from a pool of addresses and assigns it to each user as he logs on, so each user online has a unique address. When that person logs off the address is released and goes back into the pool to be assigned to another user. So the same address could be assigned to a dozen or more different users in the course of a day. Unless the RIAA has a record of the exact time they accessed your computer (which they had no business doing in the first place) and the ISP has an accurate record of who was logged on when, the RIAA is just shooting in the dark, hoping they will hit something. Whatever you do, don't give in. Don't give up. FIGHT BACK! Some times the best defense is a good offense. Fight back! Try to find a good lawyer knowledgable in IP matters who will take your case pro bono, and countersue. Better yet work with him to organize a class action coutersuit with others who have been so victimized. The RIAA people running this racket are bullies who pick on people weaker than themselves, and if confronted will frequently back down. They are using guilt by association, presuming anyone who has any kind of p2p software on their computer is automatically guilty of copyright infringement, even if they have never downloaded a single file. MAKE THEM SHOW REAL EVIDENCE. Never forget, under US law you are presumed INNOCENT until proven guilty.

Something to keep in mind: The RIAA uses IP addresses to identify alleged violators. But many ISPs use DHCP (Dynamic Host Configuration Protocol) to assign IP addresses. DHCP takes a new address from a pool of addresses and assigns it to each user as he logs on, so each user online has a unique address. When that person logs off the address is released and goes back into the pool to be assigned to another user. So the same address could be assigned to a dozen or more different users in the course of a day. Unless the RIAA has a record of the exact time they accessed your computer (which they had no business doing in the first place) and the ISP has an accurate record of who was logged on when, the RIAA is just shooting in the dark, hoping they will hit something.

Whatever you do, don’t give in. Don’t give up. FIGHT BACK! Some times the best defense is a good offense.

]]> By: Reader's Write http://www.p2pnet.net/story/3783#comment-23113 Reader's Write Sat, 29 Oct 2005 22:20:53 +0000 http://www.p2pnet.net/story/3783#comment-23113 That might give some perverse satisfaction of "getting even", but I doubt it would do much good to stop the lawsuits. Much more likely to succeed I think would be a well organized class action countersuit by all the RIAA have victimized, headed up by an attorney skilled in IP matters, and also knowledgeable about networking technology. If I were leading the suit, I would try to bring against the RIAA every applicable legal doctrine and every charge I could think of to fit their tactics, including but not limited to, extortion, abuse of process, harassment, bringing frivoulous lawsuits without any real evidence of wrongdoing, hacking, RICO act violations and more. Throw the book at them. They are bullies, and bullies always pick on people weaker than themselves. Let them be confronted by someone with a real case, and the legal prowess to prosecute it, and I believe these bullies would flee yelping with their tails between their legs, like the cur dogs they are. That might give some perverse satisfaction of “getting even”, but I doubt it would do much good to stop the lawsuits. Much more likely to succeed I think would be a well organized class action countersuit by all the RIAA have victimized, headed up by an attorney skilled in IP matters, and also knowledgeable about networking technology. If I were leading the suit, I would try to bring against the RIAA every applicable legal doctrine and every charge I could think of to fit their tactics, including but not limited to, extortion, abuse of process, harassment, bringing frivoulous lawsuits without any real evidence of wrongdoing, hacking, RICO act violations and more. Throw the book at them. They are bullies, and bullies always pick on people weaker than themselves. Let them be confronted by someone with a real case, and the legal prowess to prosecute it, and I believe these bullies would flee yelping with their tails between their legs, like the cur dogs they are.

]]> By: Reader's Write http://www.p2pnet.net/story/3783#comment-23108 Reader's Write Sat, 29 Oct 2005 21:09:23 +0000 http://www.p2pnet.net/story/3783#comment-23108 Perhaps the thing to do would be to organize a class action lawsuit by all who have been victimized by the RIAA's extortion campaign. Yes, that's what it is, extortion. And they should find the meanest junkyard dog of an IP attorney they can find (who would hopefully take the case pro bono), and sue the RIAA for extortion, harassment, false litigation, abuse of process and every other legal issue they can find to match the situation, including the RICO act. I have read of one brave woman who has already done this. Perhaps others should join her lawsuit. I have a feeling if this were done, the RIAA would tuck its tail between its legs and run off howling and yelping like the cur dog bully it is. Perhaps the thing to do would be to organize a class action lawsuit by all who have been victimized by the RIAA’s extortion campaign. Yes, that’s what it is, extortion. And they should find the meanest junkyard dog of an IP attorney they can find (who would hopefully take the case pro bono), and sue the RIAA for extortion, harassment, false litigation, abuse of process and every other legal issue they can find to match the situation, including the RICO act. I have read of one brave woman who has already done this. Perhaps others should join her lawsuit. I have a feeling if this were done, the RIAA would tuck its tail between its legs and run off howling and yelping like the cur dog bully it is.

]]> By: Reader's Write http://www.p2pnet.net/story/3783#comment-19491 Reader's Write Sat, 03 Sep 2005 00:40:07 +0000 http://www.p2pnet.net/story/3783#comment-19491 Mmm yes. Post up that #!!! Remember, though....It's illegal to call to harass. I recommend calling in order to offer them a chance to hear some public domain music. Make sure you've got a good 3 or 4 hours of music for their listening pleasure. Also remember, it's illegal to call an 800 number multiple times, in some places. Mmm yes. Post up that #!!!

Remember, though….It’s illegal to call to harass. I recommend calling in order to offer them a chance to hear some public domain music. Make sure you’ve got a good 3 or 4 hours of music for their listening pleasure.

Also remember, it’s illegal to call an 800 number multiple times, in some places.

]]> By: Reader's Write http://www.p2pnet.net/story/3783#comment-11011 Reader's Write Sat, 12 Mar 2005 08:50:11 +0000 http://www.p2pnet.net/story/3783#comment-11011 I am 1 of the the John Does. My daughter was away at school and Kaaza was on the home computer. I had no idea how this worked and now they want over $4000 to settle and I am furious but also afraid! I am 1 of the the John Does. My daughter was away at school and Kaaza was on the home computer. I had no idea how this worked and now they want over $4000 to settle and I am furious but also afraid!

]]> By: Reader's Write http://www.p2pnet.net/story/3783#comment-9642 Reader's Write Fri, 11 Feb 2005 03:52:02 +0000 http://www.p2pnet.net/story/3783#comment-9642 and don't forget how they will say they have been actively pursuing partnerships with P2P apps over the last year or so, but were met with derision... TT and don’t forget how they will say they have been actively pursuing partnerships with P2P apps over the last year or so, but were met with derision…

TT

]]> By: Reader's Write http://www.p2pnet.net/story/3783#comment-9638 Reader's Write Fri, 11 Feb 2005 03:04:26 +0000 http://www.p2pnet.net/story/3783#comment-9638 I'm no lawyer, but it seems that Big Music has opened it's doors to the Anti-Trust Acts (Sherman/Clayton/Robinson-Patman) with their practices. M$ all over again. FOIA'D Anti-Trust Division Manual, courtesy of the DOJ http://www.usdoj.gov/atr/foia/divisionmanual/ch2.htm I’m no lawyer, but it seems that Big Music has opened it’s doors to the Anti-Trust Acts (Sherman/Clayton/Robinson-Patman) with their practices. M$ all over again.
FOIA’D Anti-Trust Division Manual, courtesy of the DOJ
http://www.usdoj.gov/atr/foia/divisionmanual/ch2.htm

]]> By: Reader's Write http://www.p2pnet.net/story/3783#comment-9632 Reader's Write Thu, 10 Feb 2005 21:47:59 +0000 http://www.p2pnet.net/story/3783#comment-9632 Collectively, 8500 seems like a huge number. It's just a drop in the bucket, however, compared to the caseloads handled by the courts. Spread that 8500 over the entire US and it hasn't even made itself an annoyance. As long as they're getting kids (i'm closer to 50 than 20) it isn't going to change. The fact is that the people that they are catching aren't those that are likely to give a fight either because they are in college and have a future that they don't want to screw with. Anyone who is likely going to fight the RIAA, is probably also fairly savvy about P2P and not likely to get caught. Collectively, 8500 seems like a huge number. It’s just a drop in the bucket, however, compared to the caseloads handled by the courts. Spread that 8500 over the entire US and it hasn’t even made itself an annoyance.

As long as they’re getting kids (i’m closer to 50 than 20) it isn’t going to change. The fact is that the people that they are catching aren’t those that are likely to give a fight either because they are in college and have a future that they don’t want to screw with.

Anyone who is likely going to fight the RIAA, is probably also fairly savvy about P2P and not likely to get caught.

]]> By: Reader's Write http://www.p2pnet.net/story/3783#comment-9622 Reader's Write Thu, 10 Feb 2005 16:51:55 +0000 http://www.p2pnet.net/story/3783#comment-9622 it just takes them to screw with the wrong person . their time will come . it will be interesting to watch eh :) it just takes them to screw with the wrong person . their time will come .

it will be interesting to watch eh :)

]]> By: Reader's Write http://www.p2pnet.net/story/3783#comment-9581 Reader's Write Wed, 09 Feb 2005 02:33:40 +0000 http://www.p2pnet.net/story/3783#comment-9581 That should be "defendants", not "plaintiffs". Guess you can tell I'm not a lawyer... That should be “defendants”, not “plaintiffs”. Guess you can tell I’m not a lawyer…

]]> By: Reader's Write http://www.p2pnet.net/story/3783#comment-9564 Reader's Write Tue, 08 Feb 2005 22:54:03 +0000 http://www.p2pnet.net/story/3783#comment-9564 This is unbelievable. That fact alone should clearly tell the court system that these so called lawsuits are pure harassment and intimidation tactics. Are the plaintiffs being advised that they have no case? Why has no one out of 8500 stepped up to the plate? When that one person does, you can bet they will receive all the support they need, both monetary and legal. There are legions out there who will happily pony up the monies needed to fight this. I guess I just don't get it. This is unbelievable. That fact alone should clearly tell the court system that these so called lawsuits are pure harassment and intimidation tactics. Are the plaintiffs being advised that they have no case? Why has no one out of 8500 stepped up to the plate? When that one person does, you can bet they will receive all the support they need, both monetary and legal. There are legions out there who will happily pony up the monies needed to fight this. I guess I just don’t get it.

]]> By: Reader's Write http://www.p2pnet.net/story/3783#comment-9452 Reader's Write Tue, 08 Feb 2005 00:22:11 +0000 http://www.p2pnet.net/story/3783#comment-9452 I want the phone number that these extortion packets contain. I think that would be a nice way to harrass the goons. Maybe everyone should give these thugs a call and tie up their lines. We can fight these cartels if we stick together! I would also like to see the information that the RIAA goons send out. Maybe there is something in the packet that can be used against the RIAA. I want the phone number that these extortion packets contain. I think that would be a nice way to harrass the goons. Maybe everyone should give these thugs a call and tie up their lines. We can fight these cartels if we stick together! I would also like to see the information that the RIAA goons send out. Maybe there is something in the packet that can be used against the RIAA.

]]> By: Reader's Write http://www.p2pnet.net/story/3783#comment-9441 Reader's Write Mon, 07 Feb 2005 22:37:58 +0000 http://www.p2pnet.net/story/3783#comment-9441 It is really shameful that the U.S. legal system can be used to harrass people, abusing the fact that court (and judges too) are frequently rigged and resuts are unpredictable, people are scared of them and it attractive for the acused to waive his or her rights. It is also shameful that the acusations is a threat of a lawsuit where the defendant has no option to choose a jury and when the issue is the people vs. business the courts are biased towards business (money may be a better word). The way out, other than through legislation, is for someone to defend a lawsuit. There RIIA or the record companies will become entangled on copyright ownership, payment to artist and composer and fair use issues. Also there are the pecadillos of the record companies. I have a lawsuit againt Sony. They have produced about 16 records with songs that belong to my family. Millions of these records have been sold have without any licenses or payment of royalties. We have found, additionally over 50 more records without any license or payment of royalties. We have found no record that has paid a single cent to us in over 10 years. Robbery is the name of the game in the record producing industry. All that is needed is a good, smat, tough copyright industry savvy lawyer to trounce the record companies. Any voluntees? Rafael Venegas http://www.gvenegas.com It is really shameful that the U.S. legal system can be used to harrass people, abusing the fact that court (and judges too) are frequently rigged and resuts are unpredictable, people are scared of them and it attractive for the acused to waive his or her rights.

It is also shameful that the acusations is a threat of a lawsuit where the defendant has no option to choose a jury and when the issue is the people vs. business the courts are biased towards business (money may be a better word).

The way out, other than through legislation, is for someone to defend a lawsuit. There RIIA or the record companies will become entangled on copyright ownership, payment to artist and composer and fair use issues. Also there are the pecadillos of the record companies. I have a lawsuit againt Sony. They have produced about 16 records with songs that belong to my family. Millions of these records have been sold have without any licenses or payment of royalties. We have found, additionally over 50 more records without any license or payment of royalties. We have found no record that has paid a single cent to us in over 10 years. Robbery is the name of the game in the record producing industry.

All that is needed is a good, smat, tough copyright industry savvy lawyer to trounce the record companies. Any voluntees?

Rafael Venegas
http://www.gvenegas.com

]]> By: Reader's Write http://www.p2pnet.net/story/3783#comment-9368 Reader's Write Sun, 06 Feb 2005 20:05:36 +0000 http://www.p2pnet.net/story/3783#comment-9368 Critical mass, Julian. It's building up and when it reaches the explosion point - which it will as more and more people log on - you'll suddenly be reading about how the entertainment industry has been supporting p2p and file sharers all along. Cheers! Critical mass, Julian. It’s building up and when it reaches the explosion point - which it will as more and more people log on - you’ll suddenly be reading about how the entertainment industry has been supporting p2p and file sharers all along.

Cheers!

]]> By: Reader's Write http://www.p2pnet.net/story/3783#comment-9365 Reader's Write Sun, 06 Feb 2005 14:24:40 +0000 http://www.p2pnet.net/story/3783#comment-9365 It seems like we really need to get at least one peson to give everything up to fight this. Sign everything away (to their SO perhaps), declare bankruptcy and then get legal aid+EFF to fight the lawsuit all the way. This is not an easy road. But it's truly disgusting that the US legal system favours the mega-corporate against the private individual to such an extent. And without getting at least one of these suits into open court, I don't see how this is going to change. It seems like we really need to get at least one peson to give everything up to fight this. Sign everything away (to their SO perhaps), declare bankruptcy and then get legal aid+EFF to fight the lawsuit all the way. This is not an easy road.

But it’s truly disgusting that the US legal system favours the mega-corporate against the private individual to such an extent. And without getting at least one of these suits into open court, I don’t see how this is going to change.

]]>