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  1. #1
    shoshaku jushaku rivercrow's Avatar
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    Apr 2007

    Default RIAA and investigatory processes

    This is interesting stuff.

    A grandmother targeted by the RIAA for file-sharing is striking back at the controversial music industry association, arguing that it has knowingly engaged in "one or more overt acts of unlawful private investigation" to further its case.


    It has now come to light that the case is taking a new turn, as Ms. Crain's attorney has filed a motion to amend their counterclaims to include new allegations against the RIAA and its investigative partners. According to court documents, Ms. Crain "has become aware upon information and belief that [the RIAA] have illegally employed unlicensed investigators in the State of Texas and used the information thereby obtained to file this and other similar actions across the country."

    At the heart of the issue is a Texas law which says that investigations companies must be licensed in order to collect evidence that can be used in a court. According to court documents, Ms. Crain says that MediaSentry -- the company carrying out the investigations for the RIAA -- was aware of this requirement, both in Texas and in several other states, and ignored it. The counterclaims even suggest that the RIAA encouraged this arrangement.
    Last edited by rivercrow; 07-08-2007 at 08:32 PM.
    Who rises in the morning, looks in the mirror and says, "I think I will do something stupid today?" -- James Hollis
    If people never did silly things nothing intelligent would ever get done. -- Ludwig Wittgenstein
    Whaling is illegal in Oklahoma.

  2. #2
    Protocol Droid Athenian200's Avatar
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    Jul 2007


    I don't really do much file-sharing anymore because of the laws, but I used to when I was younger. I really hope that the RIAA doesn't win, because I dislike the direction things are going in, where you have to deal with security checks before listening to music, or having to pay for each listen. I also dislike the idea of them monitoring when and how I listen to music. I just don't like the idea of an organization having that kind of power. I might tolerate such behavior from the government in a dire emergency, but not from these people.

    I'm going to purchase physical CD's as long as they're available, but I'll probably stop listening to music altogether if they try to force me into dealing with their convoluted internet streaming systems.

    I think this is a good example of how the RIAA is hurting small individuals that can't really defend themselves for no good reason, and it's made me seriously consider not listening to any artist that joins their organization.
    Last edited by Athenian200; 07-06-2007 at 03:19 PM. Reason: added a few details

  3. #3
    Senior Member ptgatsby's Avatar
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    Apr 2007


    Quote Originally Posted by athenian200 View Post
    I'm going to purchase physical CD's as long as they're available, but I'll probably stop listening to music altogether if they try to force me into dealing with their convoluted internet streaming systems.
    I bought my last piece of music, ever, from a label once I found out they were 'taking out' internet radio.

    I still see it as the evolution of the digital age... but regardless, I also lost my tolerance for their... techniques... once they they put a tax onto all blank media here in Canada. Moral equivalency and all that... Sadly, I don't download music anyway because most of it is crap. I still ended up listening to classical, which I already own, and indie dance music, which is what internet radio was for.

  4. #4
    Member Llenyd's Avatar
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    Jul 2007


    This wouldn't be the first time they've tried to circumvent the Fourth Amendment.

    AFAIK, the RIAA has not won a single lawsuit against an individual for filesharing. Every case was either settled out of court or dismissed on the grounds of illegal collection of evidence. The last round was thrown out because the RIAA was gaining search warrants to use against ISPs, then sniffing around through ISP records looking for people that were using p2p to share copyrighted material. However, the courts ruled that a search warrant could not be used in such a manner. The search warrant aimed at the ISP could only be used if the RIAA thought the ISP itself was illegally sharing files. If the RIAA wanted to go after users, then they would have to get a search warrant for each individual user that they could show just cause for doing so.

    The RIAA is quite selective in which laws it deems important to uphold.

  5. #5


    I wouldn't mind paying for MP3 downloads on a reasonable per-song basis. What I object to is that every time I look for a way to do it, the websites I go to want to install client software on my computer before they'll let me download songs.

    I'm not havin' it.

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