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RIAA ... and lawyers with big balls ... - 6/10/2009 8:07:47 PM

FirmhandKY

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Lawyers plan class-action to reclaim "$100M+" RIAA "stole"

By Nate Anderson | Last updated June 10, 2009 6:01 AM CT

... Camara goes even further back in the evidence chain. To prove copyright infringement, the RIAA needs evidence of that infringement, of course, but it also needs to prove it owns the copyrights in question. If it can't establish that fact, the case also falls apart.

This sounds like a long shot—surely the record labels did something as basic as register their copyrights?—but Camara tells us that it's not so simple.

...

He will also charge that the registrations are simply invalid, since they were all done in the names of the various record labels, not of the artists. But the "work for hire" law under which this was done has been improperly applied in these cases, he says, and the registrations are therefore defective.

...

But not even this sort of attack on the RIAA's methods goes far enough for Camara. He tells Ars that he and Harvard Law professor Charles Nesson will file a class-action lawsuit against the industry at some point after the conclusion of the Thomas-Rasset case in an effort to make the labels pay back all monies taken in from settlements with file-sharers.

Or, in Camara's words, he's going to "get the $100 million that they stole."

Lots more detail and interesting information in the article.

One of the best comments in the "Comments" section: "Sharks going after sharks!"

Firm

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RE: RIAA ... and lawyers with big balls ... - 6/10/2009 8:11:45 PM

ThatDamnedPanda

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I suppose that's the best way to deal with litigators - just turn them loose on each other.

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RE: RIAA ... and lawyers with big balls ... - 6/10/2009 9:52:02 PM

DarkSteven

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The implications of this are huge.

The RIAA has been attacking downloaders with a ferocity that was disproportionate to the severity of what they did. If the defendants were in any position to get lawyers, the RIAA would have gotten chewed up. The RIAA has been terrified of file sharing - they are doomed if they have no control over the music.

If the RIAA loses this one, they will have to face a massive judgment. Plus they will probably be forced to quit filing lawsuits left and right till this one gets resolved.

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RE: RIAA ... and lawyers with big balls ... - 6/11/2009 2:17:54 AM

BrokenSaint

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I love these guys so much.

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RE: RIAA ... and lawyers with big balls ... - 6/11/2009 3:43:15 AM

mefisto69

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i hope they stomp the shit out of RIAA

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RE: RIAA ... and lawyers with big balls ... - 6/11/2009 5:36:55 AM

flcouple2009

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Grand standing, attention grabbing, full of crap, anything else you want to toss in. Hoping for a settlement to make it go away (cheaper than the court case), hoping to get lucky, take your pic there as well.

The RIAA never needed to own the copyrights. They enforce the copyrights FOR the copyright holders, their members. But notice, he never said they don't hold the copyrights. He is trying to have it dismissed because the paper work they provided was only "true and correct" in legal terms, not the certified copies. What he is hoping for is the judge will rule that in his favor on the not a private investigator portion and then try and make a money grab. An ambulance chaser trying to make a money grab on a technicality even though he knows his client is guilty.

IF he should win on that point it will be tied up in court for years and it won't stop any of the lawsuits. It will just adjust how they go about collecting the evidence.

< Message edited by flcouple2009 -- 6/11/2009 5:37:47 AM >

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RE: RIAA ... and lawyers with big balls ... - 6/11/2009 6:44:30 AM

DomImus

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I think anyone stupid enough to use peer to peer software deserves to have to pony up $3-4K to the RIAA.

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RE: RIAA ... and lawyers with big balls ... - 6/11/2009 8:00:23 AM

FirmhandKY

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quote:

ORIGINAL: DomImus

I think anyone stupid enough to use peer to peer software deserves to have to pony up $3-4K to the RIAA.

Point!

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RE: RIAA ... and lawyers with big balls ... - 6/11/2009 8:01:32 AM

FirmhandKY

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Hence, "Sharks going after sharks" ....

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RE: RIAA ... and lawyers with big balls ... - 6/11/2009 12:49:26 PM

pahunkboy

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The RIAA is the issue of our time. The whole notion is what is private properrty and what isnt. throw in trillions in bail outs- and we now the owners of GM. monsanta corn banned in Germany, and the RFID patent the relaeases cyinade if activated so as to control a prisoner/person.

who owns what.

what is public commons.

I think the fight will go on a good 20 years.

Look at how even the politicians violate copywrite when using song at a campaign stop. and those guys wrote the laws!!!!!!

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RE: RIAA ... and lawyers with big balls ... - 6/12/2009 9:06:21 AM

Termyn8or

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Imus and KY, I have to go to work soon, but I wll get to you. This is quite timely as well because I am currently moving tons of store boughtem media from one suite to another. I'll tell you why later. I have a very good defense plan for if they ever come after me and have no desire nor need for a class action amnesty or anything of the sort. I will make my case.

Incidentally, of the people who use P2P, only some are stupid, they are the ones who get sued. Not being afraid of them is not the same thing as wanting to invite trouble. However I will not sit here and say I have done nothing wrong. I usually don't, most of what I download at least WAS in public domain at one time. I will admit to doing a couple of favors for people but that is rare. This would be in the form of getting them an album, a CD I guess that newly came out. I did it twice and I don't intend to make a habit out of it. I almost wanted to show off I think.

At any rate, I have already talked to one of my lawyers about this defense and he sounds quite optimistic and I am sure he could help me along with a few things, although I would probably represent myself pro se. He is one of us damn downloaders as well.

All you people who think we are stupid I have a bit of advice for you. Go back to the TV and watch it all night, then to get ONE SONG all you have to do is pay three easy payments of $59.95 for the super-mega-hit of all time-one hit wonder-never heard of songs to get one song. Plus shipping and handling of course. I on the other hand might have it in fifteen seconds. How stupid is that ?

T

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RE: RIAA ... and lawyers with big balls ... - 6/12/2009 10:00:20 AM

BrokenSaint

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quote:

ORIGINAL: DomImus

I think anyone stupid enough to use peer to peer software deserves to have to pony up $3-4K to the RIAA.

Depends, those stupid enough to do it with no protection who came into the piracy scene like it was a firesale, ignoring all the past lessons of warez arrests previous to the napster era. Those were not great decisions.

Though the lawsuits are drastically inflated, and I was very disappointed with the financial awards from the large class action lawsuit they faced a few years ago for price inflation and fixing that they lost.

Though they are in quite the spot when it comes to copy protection. Many of them have tried methods that are at the least foolish, unwieldy, and often making the cd not play in various mediums, and at the worst rootkits. They seem to misunderstand the fundamental purpose of copy protection. Which is not of course to keep people from copying it, a common mistake. No matter how good of a mousetrap you build, a few mice will eventually figure it out, then they teach all the other mice, and it's back to square one. The main goal in copy protection is to make it such a pain in the ass to copy, that it's far easier to just buy it. Which as Itunes has pointed out (although their copy protection is also aids, but simple enough to remove) is pretty easy if you give people what they actually want, at a reasonable price.

They seem to think they're in a position similar to the gaming industry, even though the mediums and the specifics of protecting your product are vastly different.

Ironically, I've been not buying music where any of the profits go to them for quite a number of years. In a few instances bands I really liked ended up getting a mysterious card, with a check inside saying

"Hey, I like your stuff. I also downloaded it. You guys are great, your bosses are cocks. You deserve this, they do not. Please continue to entertain me. See you at the next show.
Sincerely,
Your friendly neighborhood digital pirate lord."

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RE: RIAA ... and lawyers with big balls ... - 6/12/2009 12:05:05 PM

ShaharThorne

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*watching the feeding frenzy*

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RE: RIAA ... and lawyers with big balls ... - 6/12/2009 12:24:07 PM

pahunkboy

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I agree let the lawyers go at it- to each other.

p2p - software is asking for a virus.   I seen a few pdfs by a 20 year old.. on how to get around the RIAA. Man we are so in trouble when these kids go after us really old 40 year old guys!!

Also I want to the the Netherlands- somewhere that way- they put up quite a fight over this whole issue. I am routing for the common man.   I mean there you have a whole country standing up to the grid and, I have to say- it is admirable.

Then you have Germany banning Monsanto corn. (I have to wonder if Germany will be a better place to live-Merkcel went off on Obama)

Being the America IS extended European civilization, we might want to approach the grid, pardon the term. "Old Europe"   As we could learn from this.    They made mistakes in history- and have learned from much of them. Where as the USA has no memory of any mistake - any semblance of history, and whose recent arrogance is beyond pathetic.
We in the USA embraced a monetary empire.   Not civilization.   And now we are taking a tumble.    I ran across on how the we are so doomed- I went to probe deeper and I get this bold copywrite warning. Of the titanic is sinking and YOU are worried about copywrite.

I dont care to discuss the pros and cons of IP.   But I conclude that our collective greed and gluttony is gonna byte us in the azz!!!!

/phewwwwwwwww.

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RE: RIAA ... and lawyers with big balls ... - 6/12/2009 3:06:58 PM

FirmhandKY

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quote:

ORIGINAL: Termyn8or

Incidentally, of the people who use P2P, only some are stupid,

Very true, T.

I apology for making an all inclusive statement.

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RE: RIAA ... and lawyers with big balls ... - 6/12/2009 3:08:11 PM

FirmhandKY

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Great post, BrokenSaint.

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RE: RIAA ... and lawyers with big balls ... - 6/12/2009 10:13:45 PM

DedicatedDom40

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The RIAA's behavior is simply a microcosm of our time. US jobs can be outsourced, but creativity is about the only thing that cannot. So we toughen up the copyright laws to protect creativity as a weak compromise for the loss of real jobs, and the RIAA is just riding a wave.

Yes, the government enables the shedding of your job, but as a consolation prize gives you new creative 'rights'. No wonder we are a litigious society. Our government doesnt encourage working, and instead encourages litigation..

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