p2pnet - rss feed: RIAA’s Cary Sherman -
More vicious threats, not even thinly veiled, comprise the RIAA (Recording Industry Association of America) response to the Verizon decision which stops it from using instant subpoenas to victimize anyone who doesn’t agree to use music industry approved software to download music.
The US Court of Appeals for the District of Columbia in effect decided that since file sharing wasn’t an issue when the 1998 DMCA came into force and therefore isn’t covered under it, the Act could hardly apply now.
"This is a disappointing procedural decision, but it only changes the process by which we will file lawsuits against online infringers," says RIAA president Cary Sherman.
This presumably means the RIAA won’t be able to settle out of court any more. Which could be interesting.
A great many of the people who caved in to the RIAA did so because they believed they couldn’t go up against a behamoth: that it would crush them by sheer weight of financial and legal resources.
However, now RIAA victims will have to go to court it could be that evidence, circumstances, material the RIAA would definitely rather not have come out will now be available for public scrutiny.
The consensus seems to be that no matter what the RIAA does, it’ll survive. But that ain’t necessarily so. In its arrogance and belief that its political and other public sector allies will always come up with yet another amendment or bill to enable it to continue, the RIAA has forgotten, or is ignoring, the critical mass factor.
There are a lot of similarities between the tobacco and entertainment industries. They both have truly frightening power, they own and control powerful politicians, they’re virtual laws unto themselves, and one can’t believe a word they say.
But look what happened to the tobacco industry.
In the meanwhile, "This decision in no way changes our right to sue, or the fact that those who upload or download copyrighted music without authorization are engaging in illegal activity," says Sherman. "We can and will continue to file copyright infringement lawsuits against illegal file sharers.
"This decision is inconsistent with both the views of Congress and the findings of the district court. It unfortunately means we can no longer notify illegal file sharers before we file lawsuits against them to offer the opportunity to settle outside of litigation. Verizon is solely responsible for a legal process that will now be less sensitive to the interests of its subscribers who engage in illegal activity."
Sherman completely ignores the fact that RIAA - owned by by the record labels - originally had to be compelled to tell file sharers that lawsuits were in the offing.
Lorraine Sullivan, the New York student subpoenaed by the RIAA for file sharing and who testified at senator Norm Coleman’s investigation into the RIAA nail ‘em all campaign, learned she was expected to turn up in court from a reporter and it took the RIAA a further seven days before she heard from them officially, she told us in an exclusive telephone interview, saying she settled out of court for $2500.
"I had to because my mother isn’t in the best of health and for me, going into litigation way over my head would have been too much for me to deal with," she said.
"I want to go before congress because I still think the way the RIAA has gone about this whole procedure is just off and I hope my testimony will help to change it. I hope there’ll be no one else in the position I was in - that it won’t be as easy for the RIAA to go and get information and scare people, which is basically what they did to me."
Lawyers and pundits are pretty well united in the belief that Hollywood, of which the music industry is only a component, will prevail.
But they’re wrong. The world is now digital and the RIAA - or, rather, its owners - can’t cope with that fact. But they won’t stop pissing and moaning until they disappear into the tar-pit along with the other dinosaurs.
