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Woman sued for file-sharing brings RICO countersuit against RIAA







Woman sued for file-sharing brings RICO
countersuit against RIAA

Woman sued for file-sharing brings RICO
countersuit against RIAA
02/18/2004 10:53 AM

A New Jersey mom who was sued for file-sharing by the RIAA has brought a countersuit for racketeering.

The Rockaway Township woman, who claims she was targeted for her teenager's school research project, is among hundreds of individuals sued by the music industry since last summer. Another 531 computer users were sued yesterday in "John Doe" suits filed in Trenton, Atlanta, Philadelphia and Orlando.

Labels are using "scare tactics (that) amount to extortion" in efforts to extract settlements, Scimeca alleges in legal papers sent to the U.S. District Court in Newark.

"They're banding together to extort money, telling people they're guilty and they will have to pay big bucks to defend their cases if they don't pony up now. It is fundamentally not fair," Scimeca's lawyer, Bart Lombardo, said yesterday. The Cranford attorney said he occasionally downloads songs for personal use and sees nothing wrong with that.

Link (Thanks, Jason!)




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Woman sued for file-sharing brings RICO countersuit against RIAA

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RIAA files 477 more file-sharing
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The Recording Industry Association of America (RIAA) has filed 477 more lawsuits against people trading unauthorized music online, including lawsuits against 69 people who allegedly used university networks to download music.

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02/18/2004 02:56 PM
We've covered the story of DirecTV suing anyone who ordered a smart card reader and telling them they should just settle since it would be cheaper than fighting the lawsuit (even if they did nothing wrong with the smart card reader). Some of the accused have realized that this seems quite a bit like extortion ("just pay up, it'll be less trouble...") and have sued DirecTV with racketeering. Now, one woman is saying that this same argument can be equally applied to the RIAA and their lawsuits against those accused of sharing file illegally. She's now charging the RIAA with racketeering under RICO laws for trying to extort money out of her. It's a tough claim - because the RIAA's obvious response is that she (or, as she claims, her daughter) was doing something illegal. Still, the method of dumping thousands of lawsuits and then offering to settle them for a few thousand rather than going through the trouble of a lawsuit does sound an awful lot like extortion.

RIAA launches third wave of file sharing
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RIAA launches third wave of file sharing
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What to do if you're sued by the RIAA:
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What to do if you're sued by the RIAA:
update
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On Declan McCullagh's Politech list, attorney Charles Mudd says:
I have updated my RIAA web page that provides general answers to questions that individuals may have regarding the RIAA's initiative. This reflects updates in light of the two opinions of recent note.
Link

RIAA sued on Racketeering!


RIAA sued on Racketeering! 02/19/2004 03:57 AM
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532 poor saps getting sued by the RIAA


532 poor saps getting sued by the RIAA 01/22/2004 02:47 AM
Well the RIAA who continues to strong arm consumers in Mafia like tactics have went after 532 more file swappers....

RIAA Sued For Violating P2P Patent


RIAA Sued For Violating P2P Patent 09/09/2004 03:51 AM
While some may consider it poetic justice to hear that the RIAA has been sued by a P2P company for patent infringement, the news really isn't that great. It's really not particularly unexpected either. Altnet made it clear last year that they would use their patent for identifying files via a hash to sue the music industry for spying on file sharers. Altnet is barely a typical file sharing company either. While it does seem to have a convoluted relationship with Kazaa, it's really a system for interjecting copy protected files into Kazaa's system. The patent, like so many these days, seems quite questionable (and fairly obvious). The RIAA, of course, will fail to see the irony of being hit up with an intellectual property charge, and it will do nothing to change their behavior. All we really end up with is yet another bad patent lawsuit that will do little to move the industry forward.

sued by the RIAA? appear in a pepsi
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sued by the RIAA? appear in a pepsi
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Pepsi's Superbowl ad for their iTunes promotion .. Pepsi / iTunes giveaway ads to be "sassy" .. Pepsi Ads Wink At Music Downloading .. bashing it has gone mainstream .. wink

usatoday.com/tech/news/2004-01-22-sb-pepsi_x.htm
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Nearly 1500 people have been sued by the
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Nearly 1500 people have been sued by the
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When will the madness end. It seems the RIAA filed another 531 John Doe lawsuits against individuals that they are...

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Pepsi Ad Using Kids Sued By The RIAA


Pepsi Ad Using Kids Sued By The RIAA 01/23/2004 02:23 PM
Well, we're approaching Super Bowl time, and I'm seeing plenty of articles (as always) about all the funky Super Bowl ads that people are preparing. However, Pepsi has put together one of the odder ones. As part of their promotion to give away iTunes songs, they've put together an ad showing a bunch of kids that have been sued by the RIAA for file sharing, and had them say "we're still going to download for free!" - thanks to Pepsi's limited time iTunes promotion, of course.

Comcast sued for handing over customer
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Comcast sued for handing over customer
data to RIAA
04/15/2005 03:35 PM
Xeni Jardin: America's largest cable provider is being sued by a woman who claims the company voluntarily forked over her personal account data to the RIAA.
In a lawsuit filed in King County, Wash., Dawnell Leadbetter said that she was contacted by a debt collection agency in January and told to pay a $4,500 for downloading copyright-protected music or face a lawsuit for hundreds of thousands of dollars. Leadbetter, a mother of two teenage children, was a customer of Comcast's high-speed Internet access service.

The company, Settlement Support Center, based in Washington state, was using information that the Recording Industry of Association of America had obtained in a Philadelphia lawsuit over the illegal sharing of digital music files, said Lory Lybeck, the lawyer representing Leadbetter. Making sense of Wi-Fi's alphabet soup

But no court authorized Comcast to release names and addresses of its customers, or notified his client that her information had been given to an outside party, Lybeck said. "Comcast should respect the rights of privacy who pay them monthly bills," Lybeck said.

Link (Thanks, Nat)

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One target of the RIAA has decided to counter-sue the RIAA, alleging that this practice is tantamount to racketeering as prohibited by Federal law-law designed to attack organized crime.

Comcast Sued For Giving Customer Info to
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Comcast Sued For Giving Customer Info to
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04/15/2005 06:16 PM

Comcast Sued For Handing Over Subscriber
Info To The RIAA


Comcast Sued For Handing Over Subscriber
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After quite a long battle, the courts finally decided that ISPs didn't have to just hand over subscriber info whenever the RIAA came calling. The RIAA needed to first file a lawsuit and a subpoena -- going through the official legal process to get someone's info. However, what happens when an ISP does just hand over a name? That question is now being raised, as a woman has sued Comcast for disclosing her private information to the recording industry, claiming they violated her privacy. No lawsuit was filed by the RIAA. Comcast just gave her info over to them -- and the RIAA then passed it on to some sort of collections agency. What's strange here is that, while Verizon was clearly willing to fight to protect the privacy of its subscribers, it appears Comcast had no problem rolling right over when the RIAA came calling.

Dead, Non-Computer Owner Sued By The
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There have been plenty of stories about the entertainment industry threate ning completely innocent people, but now they're getting even worse. According to Broadband Reports among the people sued in the latest batch of lawsuits from the RIAA was an 83-year-old woman who is now deceased. Even when she was alive she never owned a computer, let alone had the username "smittenedkitten," or shared over 700 songs online. The RIAA responds, oh so politely, by saying they'll now dismiss the case. However, that's not the real issue. All of these examples show that the RIAA doesn't really know who's doing what -- and yet they're filing tons of indiscriminate lawsuits. Every time a screwup like this happens, they apologize and remove the lawsuit, but shouldn't they be punished for filing frivolous lawsuits? It's clear that they really don't have the right tools to be able to tell who actually committed a crime. A smart lawyer should use these cases to show that the industry has no real evidence that any of these lawsuits are valid.

Scam Check Gets Woman Sued


Scam Check Gets Woman Sued 07/19/2004 04:43 AM
I have to admit that I was quite confused by this account in the Washington Times of a woman who "won" a $13,000 check in an online contest, but is now being sued by her credit union because the check bounced. That's basically all of the details the story gives, but if you dig a bit deeper into the details of the story it turns out to be much more complex. The woman does apparently play a lot of internet sweepstakes related things, but that doesn't appear to be where this money came from. Instead, it came from a popular update on the traditional 419 scam. In this case a scammer offers to send the sucker a check for a certain amount of money. The sucker is then supposed to wait five days until the check clears, and then pass on most of the money to another account. It's only after this that it's determined the check is really counterfeit and the victim is left holding the bag. So, in this case, the woman received the check for $13,000, but said she believed it was a scam all along, and was shocked when she actually got it (in fact, it sounds like the check was a shift in strategies after the scammers first tried to phish her social security number and bank account info out of her -- which she refused to do). She went and asked the credit union in question, the local police, and the Better Business Bureau to get advice on what to do with it, assuming it was fake. They all told her that if it was a cashier's check, then it was real. The credit union explained the waiting period, and she followed all their rules to the letter. Then, once she was told the check was good, she withdrew most of the money and spent it on a variety of things rather than sending it to the scammers - believing she had tricked them instead. She went back to the credit union a few days later by which point they had been informed the check was fake. When they said something about calling the police, the woman freaked out and ran out of the credit union. Now, they're suing her for the money she spent. The woman is obviously not the most sophisticated internet user, but she certainly did do her best to find out if the check were counterfeit before spending any of the money. Realistically, the problem here is with the system that "clears" a check before it's been determined as counterfeit.

Pepsi/iTunes Super Bowl ad to feature
teens sued by RIAA


Pepsi/iTunes Super Bowl ad to feature
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About 20 teens sued by the Recording Industry Association of America (RIAA) for unauthorized music downloads will appear in Pepsi's upcoming Super Bowl ad, which will launch the 100 million song iTunes promotion on Feb...

iTunes 4.7.1 Quietly Brings Sharing
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iTunes 4.7.1 Quietly Brings Sharing
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03/17/2005 03:09 AM

With the update to iTunes 4.7.1, Apple has quietly introduced a limit to the number of users who can access your iTunes shared music per day, according to several posts on websites and Apple's own support area. By MacNN


Hundreds More Sued Over Music File Swaps
(AP)


Hundreds More Sued Over Music File Swaps
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AP - The music industry filed copyright infringement lawsuits against 482 computer users Tuesday, the latest round of litigation by recording companies against suspected online music file-swappers.

Hundreds More Sued Over Music File Swaps


Hundreds More Sued Over Music File Swaps 06/22/2004 07:12 PM
San Jose Mercury News Jun 22 2004 11:20PM GMT

Woman Fined Over Music Sharing, Press
Still Can't Get Details Right


Woman Fined Over Music Sharing, Press
Still Can't Get Details Right
05/06/2004 02:28 PM
Well, it appears we have the first fine handed out by a court in one of the cases the RIAA has filed against people for sharing music online. A woman in Connecticut was fined $6,000 for sharing music online, but there's a lot more to this story. While many people have paid the industry money settlements, this appears to be the first that ended up with a court imposed fine. However, the reason the woman lost the case is she claims she was never notified of the lawsuit being filed against her, and thus, never responded or showed up in court. Beyond the fine, the judge also "barred Brothers from downloading, uploading or distributing copyrighted songs over the Internet." What if whoever owns the copyright to the song wants people to upload, download or share it freely? The judge assumes that all music online (which has an automatic copyright) is unauthorized, and that's simply not true. Also, as always, the press gets confused and claims the woman was fined for downloading music. It's incredible that this has to be pointed out every time, but all of these lawsuits are for sharing music (outbound) not for downloading music (inbound).

RIAA goes after 531 more file sharers


RIAA goes after 531 more file sharers 02/18/2004 10:49 AM
The Recording Industry Association of America (RIAA) is continuing its tactic of filing suits against anonymous "John Doe" computer users who the organization accuses of illegally sharing copyright material over peer to peer networks. The association filed lawsuits against 531 unnamed people on Tuesday, claiming that they are offering substantial amounts of copyrighted music files for free. The legal actions were filed in Philadelphia, Atlanta, Orlando and Trenton, New Jersey, the RIAA said.

Another Court Says RIAA Needs To
Actually File Suits


Another Court Says RIAA Needs To
Actually File Suits
01/04/2005 10:52 PM
It's not really that big a deal, as other courts have already said the same thing, but the RIAA has lost another case, saying that before they can subpoena ISPs for customer info, they first need to file a lawsuit. Since other courts have already told them this, that's what they've been doing lately. However, it does reaffirm previous rulings, and means the RIAA won't be able to point to split rulings to try to push their case further.

RIAA and DirecTV file more suits


RIAA and DirecTV file more suits 11/04/2003 07:33 AM
Drag thousands to court

RIAA goes hunting for 532 more
file-traders


RIAA goes hunting for 532 more
file-traders
01/22/2004 03:09 AM
Only 50 million to go

RIAA targets 493 more unnamed
file-sharers


RIAA targets 493 more unnamed
file-sharers
05/25/2004 11:50 AM
And 24 named alleged copyright infringers

RIAA steps up file-trading suits


RIAA steps up file-trading suits 02/17/2004 03:43 PM
The Recording Industry Association of America files 531 new copyright suits against alleged music swappers.

RIAA launches new file-swapping suits


RIAA launches new file-swapping suits 12/03/2003 04:53 PM
The Recording Industry Association of America says it has sued another 41 people in its ongoing legal campaign against file swappers who are trading copyrighted music online.

RIAA sues 80 more alleged file-sharers


RIAA sues 80 more alleged file-sharers 10/31/2003 06:21 PM
USA Today Oct 31 2003 4:48PM ET

RIAA once again can easily get file
sharers identity


RIAA once again can easily get file
sharers identity
07/28/2004 02:54 AM

Well in another win for enemy number one in the file sharing the RIAA can now get the identities of file sharers in mass. This will help them expedite their lawsuits against thousands of file sharers [Corante]


Round 3: RIAA sues more file swappers


Round 3: RIAA sues more file swappers 12/04/2003 07:18 AM
Sends out warnings too

Judge: RIAA can unmask file swappers


Judge: RIAA can unmask file swappers 07/27/2004 02:31 PM
The ruling is the most detailed so far in any of the "John Doe" cases brought by the recording industry.
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