Victim sues RIAA under RICO Act
p2p news / p2pnet:- “I just read your ‘We’re Not Taking It Anymore’ Club article on p2pnet.net,” emailed Anna. “I’ve never been sued by RIAA, but I do feel strongly against their actions.”
She suggested the RICO (Racketeering Influenced and Corrupt Organization) might be a way to go, continuing, “Don’t laugh. It’s a very potent law. It was originally created to battle the Mafiosi, but it has been recently used to file suits against insurance companies (by the medical associations), corrupt moving companies, and even against ‘quackbusters.’ Google it; it gets to be interesting reading.
“I believe that what the RIAA (Recording Industry Association of America) is doing is racketeering and harassment. I think a creative lawyer could possibly go to town on this. If they get maybe 15 or 20 people who have been unjustifiably sued by RIAA, I’m sure they’ll have a strong case.�
Now, in what could be the beginning of the end for the Big Music cartel’s vicious sue ‘em all marketing campaign, RIAA victim Tanya Andersen (upper right) has just counter-sued the RIAA for Oregon RICO violations, fraud, invasion of privacy, abuse of process, electronic trespass, violation of the Computer Fraud and Abuse Act, negligent misrepresentation, the tort of “outrage”, and deceptive business practices, says Recording Industry vs The People.
Andersen, 42, a disabled mother, lives alone with her eight-year-old daughter. The two exist on government disability payments.
She’s demanding a trial by jury and she’s one of a growing number of people who have had enough of the blatant terror tactics being used by the entertainment and software cartels.
Represented by Lory Lybeck of Lybeck Murphy in Oregon, Andersen decided she wasn’t going to be bullied into paying an extortionate charge to a blackmail centre acting for the Big Four record label cartel.
New York mother of five Patricia Santangelo also says she won’t be persecuted by EMI, Warner, Universal and Sony BMG, the members of the multi-billion-dollar record label cartel.
“Don’t let your fear of these massive companies allow you to deny your belief in your own innocence,” Santangelo, the first RIAA victim to defy the labels, says.
“Paying these settlements is an admission of guilt. If you’re not guilty of violating the law, don’t pay.”
“Thug-like threats”
The first hint of the nightmare Andersen was entering came from Verizon, her ISP.
“It was something I got in the mail and that I didn’t quite understand from them stating they were releasing my private information,” Andersen told p2pnet recently. “They had a subpoena attached and it basically sounded to me when I read it that they were just investigating something and wanted my information.
“I thought, ‘Well I haven’t done anything wrong so I’m not going to worry about it’.”
The letter told her the company was releasing personal information to the Big Four’s RIAA (Recording Industry Association of America), fronted by one of the Settlement Centers the enforcement unit uses to do its dirty work.
“Copyright infringement is wrong,” Andersen’s lawyer, Lory Lybeck, told p2pnet. But, “Thug-like threats by multi-national, multi-billion dollar businesses against people who cannot afford to speak or even explain their innonence is a much greater wrong. The music industry with all of its assets and all of its talents has the ability to handle the ‘problem’ of downloading much more effectively and much more humanely. Their present tactics cause real harm to real people.
“Theses tactics do nothing to address highjackers, spoofers and commercially motivated copyright infringers around the world.”
Andersen is making the following allegations, among others, says Recording Industry vs The People.
Read on >>>>>>>>>>>>>>>>>>>>>>>>
1. For a number of years, a group of large, multinational, multi-billion dollar record companies, including these plaintiffs, have been abusing the federal court judicial system for the purpose of waging a public relations and public threat campaign targeting digital file sharing activities. As part of this campaign, these record companies retained MediaSentry to invade private home computers and collect personal information. Based on private information allegedly extracted from these personal home computers, the record companies have reportedly filed lawsuits against more than 13,500 anonymous �John Does.�
2. The anonymous �John Doe� lawsuits are filed for the sole purpose of information farming and specifically to harvest personal internet protocol addresses from internet service providers.
3. After an individual�s personal information is harvested, it is given to the record companies� representatives and the anonymous ‘John Doe’ information farming suits are then typically dismissed.
4. The record companies provide the personal information to Settlement Support Center, which engages in prohibited and deceptive debt collection activities and other illegal conduct to extract money from the people allegedly identified from the secret lawsuits. Most of the people subjected to these secret suits do not learn that they have been’sued’ until demand is made for payment by the record companies’ lawyers or Settlement Support Center…..
5. Tanya Andersen is a 42-year-old single mother of an eight-year-old daughter living in Tualatin, Oregon. Ms. Andersen is disabled and has a limited income from Social Security.
6. Ms. Andersen has never downloaded or distributed music online. She has not infringed on any of plaintiffs’ alleged copyrighted interest…..
7. Ms. Andersen has, however, been the victim of the record companies’ public threat campaign. The threats started when the record companies falsely claimed that Ms. Andersen had been an’unnamed’ defendant who was being sued in federal court in the District of Columbia. She was never named in that lawsuit and never received service of a summons and complaint.
8. Neither did Ms. Andersen receive any timely notice that the suit even existed. That anonymous suit was filed in mid-2004. Ms. Andersen first learned that she was being �sued� when she received a letter dated February 2, 2005, from the Los Angeles, California, law firm Mitchell Silverberg & Knupp, LLP. The LA firm falsely claimed that Ms. Andersen had downloaded music, infringed undisclosed copyrights and owed hundreds of thousands of dollars. Ms. Andersen was understandably shocked, fearful, and upset. ….
9. After receiving the February 2, 2005 letter, Ms. Andersen contacted the record companies’ ‘representative,’which turned out to be Settlement Support Center, LLC. This company was formed by the record companies for the sole purpose of coercing payments from people who had been identified as targets in the anonymous information farming suits. Settlement Support Center is a Washington State phone solicitation company which engages in debt collection activities across the country.
10. When Ms. Andersen contacted Settlement Support Center, she was advised that her personal home computer had been secretly entered by the record companies’agents, MediaSentry.
11. Settlement Support Center also falsely claimed that Ms. Andersen had ‘been viewed’ by MediaSentry downloading ‘gangster rap’ music at 4:24 a.m. Settlement Support Center also falsely claimed that Ms. Andersen had used the login name ‘gotenkito@kazaa.com.’ Ms. Andersen does not like ‘gangster rap’ does not recognize the name ‘gotenkito,’ is not awake at 4:24 a.m. and has never downloaded music.
12. Settlement Support Center threatened that if Ms. Andersen did not immediately pay them, the record companies would bring an expensive and disruptive federal lawsuit using her actual name and they would get a judgment for hundreds of thousands of dollars.
13. Ms. Andersen explained to Settlement Support Center that she had never downloaded music, she had no interest in ‘gangster rap’ and that she had no idea who ‘gotenkito’ was.
14. Ms. Andersen wrote Settlement Support Center and even asked it to inspect her computer to prove that the claims made against her were false.
15. An employee of Settlement Support Center admitted to Ms. Andersen that he believed that she had not downloaded any music. He explained, however, that Settlement Support Center and the record companies would not quit their debt collection activities because to do so would encourage other people to defend themselves against the record companies� claims.
16. Instead of investigating, the record company plaintiffs filed suit this against Ms. Andersen. F. The Record Companies have no Proof of Infringement.
17. Despite making false representations to Ms. Andersen that they had evidence of infringement …. plaintiffs knew that they had no factual support for their claims.
18. No downloading or distribution activity was ever actually observed. None ever occurred. Regardless, the record companies actively continued their coercive and deceptive debt collection actions against her. Ms. Andersen was falsely, recklessly, shamefully, and publicly accused of illegal activities in which she was never involved.
Ms. Andersen further alleged:
20. Entering a persons’ personal computer without their authorization to snoop around, steal information, or remove files is a violation of the common law prohibition against trespass to chattels.
21. The record company plaintiffs employed MediaSentry as their agent to break into Ms. Andersen’s personal computer (and those of tens of thousands of other people) to secretly spy on and steal information or remove files. MediaSentry did not have Ms. Andersen’s permission to inspect, copy, or remove private computer files. If MediaSentry accessed her private computer, it did so illegally and secretly. In fact, Ms. Andersen was unaware that the trespass occurred until well after she was anonymously sued.
22. According to the record companies, the agent, Settlement Support Center used the stolen private information allegedly removed from her home computer in their attempt to threaten and coerce Ms. Anderson into paying thousands of dollars. ….
Under the provisions of the Computer Fraud and Abuse Act (18 U.S.C. – 1030) it is illegal to break into another person�s private computer to spy, steal or remove private information, damage property, or cause other harm.
26. Ms. Andersen regularly used her personal computer to communicate with friends and family across the country and for interstate e-commerce. Ms. Andersen had password protection and security in place to protect her computer and personal files from access by others.
27. The record company plaintiffs employed MediaSentry as their agent to bypass Ms. Andersen’s computer security systems and break into her personal computer to secretly spy and steal or remove private information. MediaSentry did not have her permission to inspect, copy, or remove her private computer files. It gained access secretly and illegally.
28. According to the record companies’ agent, Settlement Support Center, used this stolen private information in their attempt to threaten and coerce Ms. Andersen into paying thousands of dollars. ….
31. According to the record companies, Ms. Andersen’s personal computer was invaded by MediaSentry after she was identified with a nine digit code (an Internet Protocol Address (‘IPA’)) obtained from the anonymous information farming lawsuits. MediaSentry did not have permission to inspect Ms. Andersen�s private computer files. It gained access only by illegal acts of subterfuge.
32. The record companies’ agent has falsely represented that information obtained in this invasive and secret manner is proof of Ms. Andersen’s alleged downloading. Ms. Andersen never downloaded music but has been subjected to public derision and embarrassment associated with plaintiffs� claims and public relations campaign.
33. The record companies have used this derogatory, harmful information to recklessly and shamefully publicly accuse Ms. Andersen of illegal activities without even taking the opportunity offered by Ms. Andersen to inspect her computer. …..
36. Despite knowing that infringing activity was not observed, the record companies used the threat of expensive and intrusive litigation as a tool to coerce Ms. Andersen to pay many thousands of dollars for an obligation she did not owe. The record companies pursued their collection activities and this lawsuit for the primary purpose of threatening Ms. Andersen (and many others) as part of its public relations campaign targeting electronic file sharing.
37. The record companies have falsely represented and pleaded that information obtained in this invasive and secret manner is proof of Ms. Andersen’s alleged downloading and distribution of copyrighted audio recordings. Ms. Andersen never downloaded music but has been subjected to public derision and embarrassment…..
40. The record companies knowingly represented materially false information to Ms. Andersen in an attempt to extort money from her.
41. For example, between February and March 2005, the record companies, through their collection agent Settlement Support Center, falsely claimed that they had proof that Ms. Andersen�s IPA had been �viewed� downloading and distributing over 1,000 audio files for which it sought to collect hundreds of thousands of dollars. This statement was materially false. Ms. Andersen never downloaded or distributed any audio files nor did the record companies or any of their agents ever observe any such activity associated with her personal home computer…..
49. Despite having never observed any downloading or distribution associated with Ms. Andersen�s personal home computer and despite refusing Ms. Andersen�s offer to allow an inspection of her own computer, the record companies wrongfully continued their improper debt collection activities against her…..
50. The record companies pursued debt collection activities for the inappropriate purpose of illegally threatening Ms. Andersen and many thousands of others. This tortious abuse was motivated by and was a central part of a public relations campaign targeting electronic file sharing.
51. An employee of Settlement Support Center admitted to Ms. Andersen that he believed that she had not downloaded any music. He explained that Settlement Support Center and the record companies would not quit the debt collection activity against her because to do so would encourage other people to defend themselves against the record companies� claims.
52. The record companies were aware of Ms. Andersen’s disabilities and her serious health issues. Settlement Support Center knew that its conduct would cause extreme distress in Ms. Andersen. As a result of defendant’s conduct, Ms. Andersen suffered severe physical and emotional distress and health problems.
53. The record companies’ conduct resulted in damages, including harm to Ms. Andersen’s health and property in an amount to be specifically proven at trial……
55. Oregon’s Unlawful Trade Practices Act prohibits those in trade or commerce from engaging in unfair or deceptive practices in the course of business with consumers. ORS 646.605 et seq.
56. The record companies’ agent, Settlement Support Center, is a company doing business in Washington which was established to engage in debt collection activities in manystates, including Washington and Oregon.
57. Settlement Support Center acting as the record companies’ agent made false and deceptive statements to Ms. Andersen in an attempt to mislead, threaten, and coerce her into paying thousands of dollars.
58. Settlement Support Center acting as the record companies’ agent has made similar false and deceptive statements to many other residents of Washington and Oregon, and across the country. The public interest has been and continues to be directly impacted by plaintiffs’ deceptive practices.
59. The record companies’ conduct resulted in damages and harm to Ms. Andersen and her property in an amount to be specifically proven at trial. ….
61. The Oregon Racketeer Influenced and Corrupt Organization Act prohibits companies from engaging in organized racketeering or criminal activities. ORS 166.715 et seq.
62. As fully set forth above, the record companies hired MediaSentry to break into private computers to spy, view files, remove information, and copy images. The record companies received and transmitted the information and images to Settlement Support Center. As the record companies’ agent, Settlement Support Center then falsely claimed that the stolen information and images showed Ms. Andersen’s downloading and distributing over 1,000 audio files. The record companies falsely claimed that Ms. Anderson owed hundreds of thousands of dollars in an attempt to coerce and extort payment from her.
63. 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.
64. The record companies and their agents stood to financially benefit from these deceptive and unlawful acts. Proceeds from these activities are used to fund the operation of the record companies’ continued public threat campaigns.
65. These unlawful activities were not isolated. The record companies have repeated these unlawful and deceptive actions with many other victims throughout the United States.Answer and counterclaim.
================
First they ignore you, then they laugh at you, then they fight you, then you win
- Mohandas Gandhi
Something you think we should know? tips[at]p2pnet.net
October 2nd, 2005 at 3:25 am
Revenge is ever so sweet. And i can’t think of anyone that deserves to be counter sued more than the RIAA.
We need a class action against them. Lets put these economic thugs out of business once and for all.
October 2nd, 2005 at 3:52 am
I agree !!! It time for a major Payback!!!!!
October 2nd, 2005 at 4:44 am
Class action is really not the way to go, in a class action suit, one group of lawyers represents everyone involved in the suit as one case.
Any damages awarded are split amongst everyone involved, which usually means small potatoes for the clients and a fat paycheck for the lawyers.
If Tanya Anderson successfully sues the RIAA under the RICO act, it would open the door for 10,000+ individual lawsuits, with the potential of awards in the millions. That’s the ticket to shutting down the strongarm tactics of the RIAA.
October 2nd, 2005 at 5:19 am
Yeah, Class actions are more like a slap on the wrist–
Look at the Class action suit against record compaines for price fixing.
(sarcasm)That went real far to lower CD prices….. (/sarcasm)
October 2nd, 2005 at 6:10 am
I agree that class action lawsuits aren’t the way to go. The cartels would be the first to recommend a class action in lieu of individual pending suits as simply a way to conserve money should they become the target instead of the victims they had targeted with financial terrorism.
Expect more of these types of suits to surface. Those that have nothing to lose and can find an attorney that will work with them stand everything to gain. The penalities that are being envoked for copyright infringement were never meant to be applied to Joe Blow; who isn’t distributing on the street corner by selling copies. It was initially enacted to stop wholesale distribution of those actually making a physical profit from it. For those that use p2p they aren’t making any money whatever and the penalities are far less for murder than for infringement. Something certainly stinks in this method, when cartels can buddy together to financially bully individuals. I pray that one of these yoyo’s like Hatch that can’t understand anything but being on the take has his child or grandchild fall under the same situtation. I think it would take something like that to wake a few of the sleeping congress critters up to what they have done in the pursuit of the dollar.
Where the closed p2p’s that have been using the applications for income by spyware and ads have gotten their toes in the jam. Open source programs are not under the gun in this sense, making no profit from file sharing applications.
It is absurd to sue for the amounts that the cartels have been asking for from individuals. Those individuals have no means of making anywhere near what is estimated as the “lost” revenue. Even here no proof is offered and so far demanded in court to be shown. As long as there is no case, there is no need of proof. It has already been shown in the early cases that when pressed, the RIAA is quick to fold if breaks don’t look like they are going the right way. You can certainly read that as they know their crap is weak when it is put to the test and proof demanded. Rather than set a precedent that would go against them (such as the betamax case did) they will fold and leave quickly rather than risk another case doing the same to them.
October 2nd, 2005 at 7:10 am
it’s so fitting to use RICO. Maybe someone should suggest Mack Bolan look into this.
October 2nd, 2005 at 8:55 am
in america if you have enough money and lawyers, the law does not apply to you.
October 2nd, 2005 at 4:59 pm
unfortunately this is the only comment on this story that is right on the nose. they aren’t going to get popped for racketeering. i know this is a pro-p2p site and i am pro-p2p, but you guys need to look at it from the i don’t care i’m a judge standpoint. if you read thru all of those 50 things, alot of the “illegal” parts, aren’t illegal. the tying up the justice system and the harassment without knowledge of lawsuit part is correct, but once you get to the computer trespass part, thats when alot of stuff turns to crap.
did the RIAA really break into her computer? i doubt it. why would you open yourself up to such serious charges just to prove file sharing guilt. not worth it. this is a case of un tech savvy people fighting a tech savvy battle. The only thing that probably happened was that they sniffed packets coming to and from her computer over the p2p network. once it goes over the wire its public. plus, she’s fighting that they illegally accessed content, but as everyone knows, if you share the folder…it’s PUBLIC. so if they did a list of all of her files, its legal as can be. You can be charged for public indecency if your naked in front of a window, even though its being naked in your own home. catch my drift.
all in all i don’t mean to rain on parade’s but i’d wait to see more details about this come out. like what proof the RIAA did have, how they got it, and if they consider the debt-collection style settlements wrong.
i think its just a bump in the road for them. especially since they have enough money to buy her off. i’d say fuck the right thing to do for $50 mil, a pardon, and amnesty for downloading music.
October 2nd, 2005 at 6:42 pm
I too agree with you. As I was reading, the thing that I kept thinking was that it could be argued that by having P2P software installed it was not illegal trespass because you are allowing people access to files that you have deemed to be public (assuming Kazaa was used).
Further, it seems to me that if Ms. Andersen truly is not guilty then she is:
1. A victim of a virus that allowed someone to use her computer without her knowledge,
2. a victim of IP hijacking
3. ISP error
If the first possibility is true, then Ms. Andersen might have a case. In the second or third, it seems to me that it would be tougher because it could be argued that the trespass never did take place.
I think that an arguement could be made that the use of a packet sniffer, however, is an illegal act. The packet contains the IP address of the destination and is therefore considered to be a type of protected coorespondance, much the same as mailing a letter through the postal service. It is more likely that Kazaa was used to examine the files available and a sample file was downloaded.
October 2nd, 2005 at 7:09 pm
It is *highly unlikely* (equivalent to a snowball’s chance in hell) of anyone
being able to successfully prove a RICO case against the RIAA. Judge’s are extremely loathe to apply this law to non-criminal entities unless there is an extreme amount of proof. You can argue all you want as to whether the RIAA is criminal, but, in reality, it isn’t, compared to organizations like La Cosa Nostra, who won’t take you to court, they’ll shoot you in the back of the head and dump your body somewhere. That’s what RICO is meant to be applied to and most judges realize that.
October 2nd, 2005 at 8:38 pm
Will the RIAA be willing to risk trying to justify its scam in front of a jury of peers? Or will its lawyers run, like they did with Candy Chan? [http://p2pnet.net/story/6393]
Whichever way it goes, the idea of counter-suits, previously unheard of, has been established; and, suing Organized Music under the RICO Act puts it in the same field as Organized Crime, which says it all.
Cheers!
October 2nd, 2005 at 9:23 pm
It’s not packet sniffing they do, it’s using a bot to probe machines for shared files using the existing fasttrack/gutella protocol. But the person in question never agreed to allow the RIAA or it’s thugs access, so in effect, they are trespassing.
When you use fasttrack or other protocols, you do allow the general public to access your shared files. But this isn’t the general public, these are corporations working for the RIAA. I’m sure the courts will note the difference.
October 2nd, 2005 at 9:50 pm
Agreed. If the RIAA becomes synonymous with organized crime, judges and juries alike will come down on them hard, even if they can’t be charged specifically with organized crime.
October 2nd, 2005 at 10:41 pm
Hasn’t RICO been used by the government against corporations for insider trading and other white collar crimes. these companies aren’t associated (at least not officially) with the mob. Besides even though RICO was written with La Cosa Nostra in mind you can’t single out one entity over another with a law. If the law says the leader of an orginazation can be held responsible for the acts of it’s members that should be able to apply everywhere. besides can anyone really doubt that the entertainment industry uses the same tactics (except murder) to make it’s money?? it was the mob who gave legs to the industry. Jon’s right though, just the act of bringing this out in the open and in court can cause more damage than a conviction.
October 2nd, 2005 at 11:19 pm
These people should be showered with donations, does the “CLUB” have a trust fund?
October 3rd, 2005 at 12:00 am
This is the last straw! The music industry needs to be stopped now! We need this and all other evidence to be shown in not just a civil court, but in a criminal court and if possibly the U.S. Supreme Court to finally get legislation on regulating these terrorist tactics. Don’t these gorilla militants know it is illegal to terrorize people and hopefully this and all other submissions will convince the government that the music industry and all of its affiliates need to be stopped today! Ever since 9/11 people have been attacked by many verbal arguments and have been extorted from. Someone needs to do something about this before the American people are prisoners to the music industry!
October 3rd, 2005 at 12:01 am
I am not an anonymous coward!
October 3rd, 2005 at 12:07 am
I will not stand for this anymore!
October 3rd, 2005 at 12:15 am
What’s next? Will they start to send us computer viruses? If They do, I will be the first to bring them down even further than what they are now! File sharing doesn’t even hurt their big fat wallets. While they sit in their nice comfy chair in their nice big mansion I am being tormented by the thought of them coming after me next! If the government doesn’t do something about it, me and millions of others will!
October 3rd, 2005 at 2:20 am
Yes, RICO has been used by the Government in cases of securities fraud and other non-violent financial criminal enterprises. An unusual aspect of the RICO law is that it is also available to the public (individuals & businesses) as well as the Government. There are some differences in the way the law is applied when used by the Government versus when used by the public. Federal judges are very reluctant to allow a RICO case brought by the public t go forward because of the draconian sanctions involved with being found guilty, especially in a case that’s fraught with emotion and tried before a jury (where a “screw the bastards” attitude may develop regardless of the facts and the application of the law.) There would have to be some very compelling evidence presented at the outset of the case during preliminary discovery before a federal judge will allow the RICO statute to be invoked. It has been done before, notably with a group of medical practices suing a group of health insurers for collusive and anti-competitive practices. The main difference is that when the public brings such charges, it’s considered a civil action, so criminal penalties (such as incarceration) are not in play. The only thing that is at stake is money, and quite a bit of it. The Government generally tacks RICO-related charges onto a criminal indictment which then increase the criminal penalties should there be a guilty verdict on the RICO charges as well.
Having said that, the suit in question is being brought under a state law in Oregon that is modelled after the federal RICO statute. In situations where there is an analagous state law, it generally means that there is wider latitude in terms of included activities, evidentiary standards, and other provisions that would allow the plaintiff (RIAA victim, in this case) to prevail where they would not in Federal Court, either by being denied inclusion of RICO allegations or by not prevailing at trial.
As mentioned by another poster, even if this matter only gets to the hearing stage, forcing the RIAA to put their dirty laundry on public display, that may be more that sufficient to get them to stop filing lawsuits against thousands of people with the flimsiest or no evidence.
–TG
October 3rd, 2005 at 4:26 am
If the RIAA wants a piece of me, they can knock on my door. They will quickly learn what 7.62 X 39 MM means. Bring it on mother fuckers!!! You can’t squeeze blood out of a turnip…
October 3rd, 2005 at 5:54 am
If they win damages in counter sue, they shouldn’t need any donations
October 3rd, 2005 at 5:57 am
Wouldn’t suprise me if they are already paying people to flood p2p networks with viruses/spyware/malware, indirectly trying to put people off logging onto them.
October 3rd, 2005 at 5:59 am
hehe. It’s nice to see other people not willing to take this crap as well
October 3rd, 2005 at 9:33 am
The entire music industry should be sued for RICO activities:
RIAA: We all know about these gangsters.
BMI and ASCAP: Fraudulent sampling and payment methods (as result, most songwriters get shafted). Also for being in the protection racket. Pedling public domain music.
Broadcasters: Taking RIAA payola, use of unlicensed music. Never check the BMI and ASCAP licensed catalogues because these do not exists.
Music Publishers: The theft of music and royalties from songwriters, pedling public domain music. A a cartelized empire.
Copyright Office: Total stupidity in the method of registering music and making the information available. When “advising” congress, always siding with the big money cartels.
Press: Taking RIAA payola so as to give press to artists, just before appearances and record releases.
Lawyers/Judges: Always siding with the money. Screw the artists, the songwriters, the public.
If the industry dies, we know who killed it.
October 3rd, 2005 at 1:21 pm
Shouldn’t this kind of story receive blanket mainsteam media coverage? I see “RIAA Takes 757 File Sharers To Court” plastered all over again, where’s “P2P Victims Take On RIAA!”.
October 3rd, 2005 at 2:22 pm
I’m surprised that someone with their SKS or AK47 has not already visited the cartels because of their extortion.
October 3rd, 2005 at 2:45 pm
These are not guerilla organizations. These are organizations that belong to the established government-cartel alliance. The oil, media, medical, legal, banking, and food cartels and their government accomplice have succeeded in bankrupting this great nation. Because I live in the P.S.A., I cannot say that guerilla warfare is needed, however, I will say that the Founding Fathers of this country rose up against the king of England for less. This countersuit will probably take many years to make it through the court system. During this time, the media cartels will most likely continue to exort more money from the sheeple.
People need to quit supplying these thugs with their money. They also need to quit supplying the Democrat-Republican Party with votes as well. I recomend people start looking at the Libertarian, Constitution, and other political parties not in the pockets or funded by the cartels for the next batch of lawmakers. If non of these candidates are runing for office in a specific election, then vote for the least known candidate (i.e. the one who spent less cartel supplied dollars on their campaign). I have usually written in the name of a candidate when there is a write in box on a ballot.
Rolling pennies and using these to pay government-mandated taxes and fees is another way to cast a dissenting vote. My property rent (called taxes) fees always gets paid in pennies. The government-cartel alliance will continue to enslave more and more people unless they rise up against them (or Messiah returns). I am willing to do my part. You can protest, create a FreeWan Cell, report real news in blogs, pay taxes in pennies, quit buying unneccesary stuff, tell people about political parties as an alternative to the Repulican-Democrat Party, and many other things. Then if the government declares martial law and tries to force us into slaver, that will be the time to pick up the guns.
You said, “Someone needs to do something about this before the American people are prisoners to the music industry!” I hate to inform you of this, but we are already prisoners of the media industry as well as the other members of the government-cartel alliance. It is past time to rise up and regain our freedom.
October 3rd, 2005 at 2:55 pm
Juries do not get to hear all the evidence. They only get to hear the evidence that a judge allows to be presented. This happens in many , many different cases. I highly recommend people visit http://www.fija.org and learn about the power a jury mamber has.
October 3rd, 2005 at 3:00 pm
ANother thing I forgot to mention is the fact that jusries have much power. Visit http://www.fija.org to learn how to use this power and tell others to do the same. It is time to TAKE our freedom back!
October 3rd, 2005 at 3:33 pm
This is where all people who read this article can make a difference. Every one who reads this should go to the site http://www.fija.org .
They should also tell their family and friends about F.I.J.A. as well. If I am ever a juror in a criminal case and feel that a judge does not allow the defnse to present their case fully or that the law a defendent was accused of breaking is unconstitutional (like possession of a weapon), I will vote NOT GUILTY regardless of the judje’s “instructions.” In a JURY trial, the judge is not the final authority the JURORS are. Remember that!!!! I will never be summoned to serve on a jury because I am a member of the Constitution Party http://www.constitutionparty.com , and that makes judges afraid of me. However, those who are still registered under the Democrat-Republican party are very likely at some point to be called for jury duty because judges think that Democrat-Republican voters are stupid and easily manipulated. This is where information becomes power. Let these people know about the power that they still posses.
I’m not saying people should wait for a specific case and distribute fliers to potential jurors unless they are willing to take the risk. If you distribute a flier to potentail jurors, make sure thet you do not walk onto the grounds of the court house, or any of its properties to do so. If asked by courtroom thugs (bailiffs, marshalls or others of that ilk) to “come here,” do not do so if they are on court property as doing so will bring you under the immediate jurisdiction of the judge.
Ask them to come to you. If threatened with arrest for failure to obey an order by a public official, hand the brochures to a friend or someone else if you decide to tread on court property. Judges in the P.S.A. use Soviet style tactics and generally disregard people’s rights when their authority is challenged (even lawfully). A judge can be successfully challenged, and when done enough times, it will set a defacto precedent.
October 3rd, 2005 at 3:35 pm
The media is owned by the publicity firms that get a sharea their money from Sony. Warner, etc…. the RIAA.
The media is a prostitution den.
October 3rd, 2005 at 4:46 pm
As a lawyer I can tell you that in all likelihood the Defendant’s counterclaims will be dismissed on summary judgment and a jury will never hear them. If she stole music, she is must pay. If she didn’t, she can present evidence to that effect. The music industry is privileged to enforce its copyrights. Since what they are doing is legal, RICO does not apply. Sorry, this may be fodder for the masses, but ithe counterclaims are totally legally laughable.
October 3rd, 2005 at 5:18 pm
iT WILL NEVER HAPPEN.
GROW UP.
GET REAL.
AS LONG AS THE US CONGRESS SHAMELESSLY TAKES KICKBACKS AND BRIBES FROM THE ENTERTAINMENT CARTELS AND PASSES LEGISLATION THAT SCREWS THE CONSUMER AND THE BIASED US COURT SYSTEM THAT ALMOST ALWAYS SIDES WITH THE ENTERTAINMENT CARTELS AND THE INCOMPENTANLY RUN US COPYRIGHT AND PATENT OFFICE THAT IS AS BADLY MISMANAGED AS THE FEMA OFFICE AFTER THE FLOOD IN NEW ORLEANS IT WILL NEVER HAPPEN.
YOU CAN ALMOST SAY GOVERMENT CORRUPTION IS JUST AS BAD AS THE MOB AND THE RICO ACT DOES NOT APPLY TO GOVERMENT OFFICIALS AND BIG CORPORATE BUSINESS INTERESTS.
October 3rd, 2005 at 5:31 pm
Wasn’t RICCO used by insurance policy holders to sue Humana of Nevada? If I remember correctly, the insurance community laughed this off as fodder until a judge allowed the case to go ahead.
Sue the motherfuckers, one victim at a time!
October 3rd, 2005 at 6:21 pm
“If she didn’t, she can present evidence to that effect. ”
Sorry lawyer (if you are that), but you got a very elementary legal principle backwards. It is the acusser that must prove the infringement.
Innocent until proven guilty.
Rafael Venegas
htp://www.gvenegas.com
October 3rd, 2005 at 6:32 pm
to RIAA victim Tanya Andersen too.
Here is an offer to be your witness.
Sony has made over 16 records with our music without a license or payment of royalties. When we asked for payments Sony lied and told us they had a license from a music publisher. We we told Sony that that publisher had stolen our songs (composed by my father), including the ones used by Sony on their records, they stopped answering my mail and phomne calls.
Surely if the RIIA cops detect the downloading of one of those Sony recordings surely they will have threaten the downloading of an ilegal Sony recording.
A good story to prove a RICO act activity.
If a lawyer wants a notarized statement to use in court, just ask.
I suggest that other possible witnesses step forward.
Rafael Venegas
http://www.gvenegas.com
venegas.rafael@gmail<delete>.com
October 3rd, 2005 at 9:50 pm
“Sorry, this may be fodder for the masses, but ithe counterclaims are totally legally laughable. ”
Odd though, that the “Masses” of which you speak are not among those allowed to hear about this.
Perhaps if the “Masses” were priviledged enough to hear about this situation, they might take a slightly different view of the public officials that create such lopsided situations.
C’mon,
Put this on the Mainstream media, so everyone can have a laugh …..
Didn’t think so.
Dreddsnik
Boycott-RIAA.com
October 4th, 2005 at 1:43 am
Actually if you are a resident of the United States It would be best to take some friendly advice and don’t be so loud about having an m – 14 in your possession and making terroristic threats .
Ever since The WTC was hit in 2001 and the passage of the PATRIOT ACT and if you mention anything like bin laden terrorist act bomb or gun your internet provider would be more than happy to dime bag your sorry ass to FBI and PRESTO!!
There would be a bunch of well armed goons with m -16s from the FBI and ATF tapping on your timber with a arrest warrant and your sorry ass will be going to prison.
Then you would be sitting in a federal penitentry without charges where you will meet your new cellmate bunkie new boyfriend and sex partner.
October 4th, 2005 at 4:14 am
LOL,
the way things are going, all you really have to do is say
“Bush Sucks” a little too loudly for the goons in suits to
haul you off.
October 4th, 2005 at 4:47 am
What’s funny is that the media monitors these blogs and are probably reading this story here right now. They know full well what the news is. but since we’re not big multi billion dollar corporations and only grass roots american citizens we don’t even get an honorable mention except around election time. It’s llike when I worked for a convienence store and in the training class we were told we were more important than the president of the company. though we made min wage. no one really believed it.
October 4th, 2005 at 5:03 am
That’s right – because the company president would be nowhere without the min. wage exploited drones to run the show for him.
October 4th, 2005 at 1:12 pm
LOL where’ve YOU been ??
Where do you really think those Grokster and Kazaa virii really came from ??
Can’t stop what you can’t prove.
WOW. the RIAA are getting a taste of there own medicine .. hee hee hee
October 4th, 2005 at 3:15 pm
“There would be a bunch of well armed goons with m -16s from the FBI and ATF tapping on your timber with a arrest warrant and your sorry ass will be going to prison.”
If you have the equipment, then you can shoot back. Any freedom-loving person would rather shoot back and take aout a couple of these goons and get killed in the process rather than “be sitting in a federal penitentry without charges.”
I know if I had the equipment, I would use it to defend myself. That is why the Founding Fathers wanted the Second Amendment to the Constitution. A government is like fire; it is a dangerous servant and fearful master. The Republican-Democrat controlled government is trying to morph itself into the fearful master. It WILL SUCCEED if we let it!!!!
October 4th, 2005 at 3:19 pm
The cartel-controlled Republican-Democrat government is a lot worse than the mob. It carries out its unlawful activities under the color of law and with the full backing of the police and military.
October 4th, 2005 at 3:26 pm
“but since we’re not big multi billion dollar corporations and only grass roots american citizens we don’t even get an honorable mention except around election time”
That is exactly what when we keep voting for members of the Democrat-Republican party. Look at the alternative parties, there are plenty of them. Stop worrying about who everyone else is voting for and start voting for the candidates that fall in line with your wishes. This includes candidates of all parties and not just the Republican-Democrat party. The Democrat-Republican party is controlled by the various cartels, and candidates running under its wing must conform to the wishes of those who supply the cash. Do your own research on ploitical candidates and ignore all the cartel-funded advertisement.
October 4th, 2005 at 3:43 pm
“As a lawyer I can tell you that in all likelihood the Defendant’s counterclaims will be dismissed on summary judgment and a jury will never hear them.”
Attorneys are a big part of the problem with America. Judges have too much power and usually abuse this power. As far as I’m concerned, the world would be much better off if these judges were tarred and feather and people with common sense and integrity were put into their place. We need people in the court rooms who will abide by the Constitution, and unfortunately, many, many judge’s decisions directly violate the Constitution.
“Sorry, this may be fodder for the masses, but the counterclaims are totally legally laughable.”
Legally laughable that is. The problem with the legal system is judges and lawyers. Both manage to screw people out of their money and they walk away without a scratch. Maybe judges and lawyers should pay more attention to what happened to that judge in Atlanta and Joan H. Lefkow’s family. Lefkow probably thought she could just drop a cancer patient’s suit and go away unscathed. Well apparently, the cancer patient though his suit had enough merit and decided to pay this judge a little visit. I have very little faith in the court system today, and unfortunately, court room violence seems to be the only redress of grievances these days. No, I did not say that I advocate such responce, but when peaceful revolution becomes impossible, violent revolution becomes inevitable.
Most people regard lawyers as lower forms of life. Lawyers have the least respect from the common people of just about all professionals. I can see why. Judges and lawyers have earned that disrespect. Yes, I know that there are a few good judges and lawyers, however they are very hard to find.
October 4th, 2005 at 8:15 pm
The Register published the story and Google News presents it in their Sci/Tech section
http://www.theregister.co.uk/2005/10/04/riaa_sued/
October 4th, 2005 at 10:58 pm
As a lawyer I resent your comments. Some of us are good. Some of us defend the rights of others. Some of us agree with Ms. Andersen.
It is people like you who are a problem and spread hatred against all lawyers as a group. Your comments and those of others like you cause people to distrust lawyers and avoid lawyers in their hour of need. Fortunately, some are finding counsel and fighting back including Ms. Anderson and others that you can read about at http://recordingindustryvspeople.blogspot.com/2005/10/oregon-riaa-victim-fights-back-sues.html.
A better focus for your haphazard hatred would be to target those companies and lawyers, like the RIAA group, who abuse the judicial system in this country to extort money from innocent bystanders like Ms. Andersen and many other RIAA defendants. Please, let’s turn this around on them, not making it a battle against lawyers and the judicial system, but against those who abuse it.
October 4th, 2005 at 11:08 pm
“Since what they are doing is legal, RICO does not apply.”
Extorting money through threats? Continuing collections and filing a baseless suit after admitting that she didn’t download? This is legal? Further, after filing suit knowing that she had done no wrong, RIAA is subject to Rule 11 violations which means they’ll have to pay for the attorneys fees. And what about the spybots they used. That is not legal. They’ve arrested people for that.
Maybe you should read the complaint again. And the Oregon version of RICCO.
October 4th, 2005 at 11:11 pm
I wish someone would do a story on that.
October 5th, 2005 at 12:51 am
*Some of us are good. Some of us defend the rights of others. Some of us agree with Ms. Andersen.*
Yep but youre very much in the minority
October 5th, 2005 at 1:02 am
Like I said there are a few good lawyers. I really do feal sorry for the honest lawyers that keep the Constitution and justice in mind. However lawyers like you are scarce. My venom was not directed at all lawyers, however, it was directed at most of them (about 80% of them). I APOLOGIZE TO YOU FOR THAT MISUNDERSTANDING
I have lived in both America and in East Germany before the wall came down. The way I see it the court system (I refuse to call it the “Justice” or Judicial system) offers almost 0 protection for the average person. I have seen where too many corrupt politicians and brutal cops get away with their crimes, while the innocent gets screwed.
I watch in dismay as my country (America) goes down the path of despotism. My mother and brothers and I walked through minefields, gone under electric fences and hid in cargo crates in order to escape a despot. Now, the country we call home is going down the same path. It is sad, but there is no longer such a thing as a free country.
I know of an innocent man who might very well spend the rest of his life in a prison cell because his attorney keeps telling him that he needs more and more money or else he would not be able to give him a proper defence. The attorney has already said it would cost him about $20,000 total. The total paid is now about 27,000, and the attorney wants even more.
I have seen the insides of a court room for a traffic ticket that I did not deserve, and was of course found guilty and had to pay a steep fine. I have been injured in a car accident where I was hit from behind. It was the other person’s fault. About 10 days later I get a phone call from a personal injury lawyer who wanted me to sue the kid who hit me. I had a doctor friend who lost a patient. He is now in bankrupcy because the attorney took him for everything he had. The doctor tried to do good for people and only charged $10 a visit. He lived in a small bricj home with his wife down the road from my house.
Yes, there are good lawyers. However, it must be hard for them seeing what goes on each day in the courtrooms. I APOLOGIZE to all the good ones. However I will put it this way when you are around dogs, you will catch fleas, no matter how good a person you may be.
October 5th, 2005 at 1:29 am
He know what the courts will accept whether lawful or not. A person can be totally right and within the law yet be lose his or her case due to the whims of a judge or his cronies. We do not have a a justice system, we have a legal system. America is no longer a nation under rule of law (Republic). America is ruled by (corrupt) man (we have become a Democracy). In America, we serve the government and its corporate masters.
It is no longer the government of the people. America has become like the rest of the world. It will take a few more years before we become as poor as many in foreign countries, but if we continue on the course we are going, it WILL happen. I would consider leaving, but where could I go? Nowhere. It is pretty much corrupt all over the world. I can’t blame the Iraqis who do not want our Democracy, I don’t want it either. I want our Republic back. America used to be a shining light to all peoples, but now, it is a nation most hated around much of the world.
Why? look at our media. It portrays Americans as murderous sleasebags who fuck at the drop of a hat. Look at our corporations as well as our politicians who support and prop up despotic governments just so that they can milk the enslaved population of its labor without proper pay. Look at the arrogant self-serving people who go about the world telling everyone what good things we are doing. Yes, our people in the armed forces try to help people and most are good people, however, most people do not get to see that side of Americans due to the corrupt media cartels and the government under their control. What is destroying this country are the corrupt Democrat-Republican lawmakers, presidents (not just Bush, but also Clinton and many others), judges, and their corporate paymasters.
We can start turning America around if only we in America would be smart enough to stop voting for members of the Democrat-Republican party (i.e. the lessor of two evils) and start looking at candidate from other political parties. This will happen only if people advertised such political parties to their friends and try to get them to ignore all the corporate-sponsor campaigns fo the corrupt politicians. It will happen when jury members learn about the Constitution and follow this formost when deciding someones guilt or innocence regardless of the judge’s instructions. See http://www.fija.org . The job of a juror is to protect the rights of the innocent as well as keep the power of government in check, not to blindly follow the instructions of some judge. WE ARE GOING TO HAVE TO TAKE OUR FREEDOM BACK. THE GOVERNMENT IS NOT GOING TO LET GO OF IT WILLINGLY!!
October 5th, 2005 at 7:57 am
Well well, seems a few more mainscream(ish) media outlets are picking up on this. Noticed this link on bluesnews.com today.
http://arstechnica.com/news.ars/post/20051004-5382.html
Maybe things are about to get “interesting” for the cartels very soon now.
October 5th, 2005 at 9:22 am
I am with you.
The RIAA are pirates that have been acting illegally for years. They steal artists money, as well as customers money with their (proven in court), by price fixing, destroying competition, trying to make any technology advances that always wind up making them a lot of money since the Reel to Reel tape drive was released.
They said it would destroy the record business. They said the same for audio cassettes. Who here knows that the stealing pirates receive 1 dollar for ever blank cassette sold. They excuse was that they would use this to compensate artists for the losses the would occur (and of course never did), due to drops in record sales.
The are always in the process of screwing libraries as well and use millions to buy and sell congressman.
Are part of a huge payola scandle that it took a DA of New York state to have the guts to investigate. He handed the information over to the feds and the New Attorney General of the U.S. has done nothing to go after the RIAA companies and will not unless pressure is put on him as well as the FCC.
BUT …the Attorney General instead of looking to enforce the law of the land, investigate illegal actions, is obsessed with “decency laws”. I don’t think the feds have ever gotten over the 1 second peek at Janet Jackson’s artificially filled breast.
They have increased the cost of Internet vendors fees due to their amazing buying of the government to FORCE Internet vendors to enforce their stupid laws. A ISP HAS to look up and give the RIAA the full information for any customer they ask for.
I mean I could understand if we are talking about children’s porno rings, terrorist attacks, plans on how to make a atomic weapon and drop on a country, but for listening to MUSIC !!
October 5th, 2005 at 11:44 am
“Please, let’s turn this around on them, not making it a battle against lawyers and the judicial system, but against those who abuse it.”
You fail to understand, the abuse is constant and the abusers are judges who are also lawyers, in criminal cases, the acusers, who are also lawyers and litigants, who are also lwayers.
The conclusion is that lawyers must clean the house or go down as dirty rotten scoundrels. If you are one of the rare decent lawyers, quit or openly work for a revolution in the mockery legal system.
October 6th, 2005 at 12:34 am
There are two types of RICO statutes criminal and civil, suir under the civil statute is not an abuse, but a remedy.
October 6th, 2005 at 12:41 am
There are two types of RICO statutes criminal and civil, suit under the civil statute is not an abuse, but a remedy.
October 6th, 2005 at 5:24 am
this is so dumb if i caught any hacking my computer i’ll tell you something. It is very intrusive to hack someones PC(personal computer) as far as i’m concerned. What if the information that was hacked was sold to person or persons looking to steal an identity. Those idiots in the music industry don’t realize that people don’t want to pay $20-$30 dollars for one song which is the case on most albums because all the other songs are just filler. Not everybody has the resources i.e. credit cards to pay for an mp3 either. Who really wants to take the time to mass produce illegally downloaded music anyways. It’s a waste of time. But, for personal use that’s a different story. So what if one of these companies looses a few bucks. They make billions of dollars every year. Some of there product is pretty lacks too. Well that’s my two cents i hope someone gets what i’m trying to say.bye.
October 7th, 2005 at 2:25 am
nail the gestaponazi riaa thugs where it hurts with 10,000 law sueits against them
October 7th, 2005 at 2:27 am
Only in Cor-pirate america……
October 7th, 2005 at 2:36 am
(These unlawful activities were not isolated. The record companies have repeated these unlawful and deceptive actions with many other victims throughout the United States)
A shame that things like this happen in cor-pirate America!!! You know by thhis who rules America
For the cor-pirate greed
By the co-pirate greed
Because of cor-pirate greed!!
October 7th, 2005 at 2:51 am
For the cor-pirate greed
By the co-pirate greed
Because of cor-pirate greed!!
October 8th, 2005 at 11:09 pm
“…the entertainment industry uses the same tactics (except murder) to make it’s money??”
Ever hear of Death Row Records?
October 12th, 2005 at 3:26 am
April 3rd, 2007 at 2:47 am
Only the lawyers win in class action. Almost always class actions are settled out of court without an admission of guilt. Then they take 40-50% of the settlement for legal fees and the members of the suit end up getting a gift certificate for $5 off their next widget.
Anybody else get a coupon for 2 free rentals from blockbuster from a lawsuit they never knew they were apart of? well the law firm got $16 million in cash.
April 3rd, 2007 at 2:53 am
The RICO act applied to civil lawsuits simply declares that if you do the same *Illegal thing* to 3 or more people your racketeering and the plaintiff is entitled to triple damages.
August 27th, 2008 at 4:29 pm
PAYBACK TIME
October 26th, 2009 at 1:02 pm
Another thing that can be done is to stop purchasing the products of the RIAA. Don’t buy CDs at retail stores and don’t pay for songs at Itunes or the like. Instead, look at the free sites such as Jamendo. A lot of great music out there that doesn’t require us to fund the RIAA attack machine.