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RIAA Accused of Extortion & Conspiracy

Posted by Zonk on Tue Jun 05, 2007 07:31 PM
from the this-is-new-oh-in-court dept.
The Courts Businesses Music
NewYorkCountryLawyer writes "The defendant in a Tampa, Florida, case, UMG v. Del Cid, has filed counterclaims accusing the RIAA record labels of conspiracy and extortion. The counterclaims (pdf) are for Trespass, Computer Fraud and Abuse (18 USC 1030), Deceptive and Unfair Trade Practices (Fla. Stat. 501.201), Civil Extortion (CA Penal Code 519 & 523), and Civil Conspiracy involving (a) use of private investigators without license in violation of Fla. Stat. Chapter 493; (b) unauthorized access to a protected computer system, in interstate commerce, for the purpose of obtaining information in violation of 18 U.S.C. 1030 (a)(2)(C); (c) extortion in violation of Ca. Penal Code 519 and 523; and (d) knowingly collecting an unlawful consumer debt, and using abus[ive] means to do so, in violation of the Fair Debt Collection Practices Act, 15 U.S.C. 1692a et seq. and Fla. Stat. 559.72 et seq."

Related Stories

[+] IFPI Threatens UK Academic For Linking To Article 182 comments
NewYorkCountryLawyer writes "Apparently the RIAA is getting sensitive about counterclaims. When a British blog author linked to a recent article about a defendant's counterclaims for extortion and conspiracy by the RIAA in a Florida case, UMG v. Del Cid, a record company executive who sits on the board of the RIAA's UK counterpart, the IFPI, threatened the author if he did not take his link down."
[+] Is RIAA's MediaSentry Illegal in Your State? 200 comments
NewYorkCountryLawyer writes "Is Warner Music, EMI, Vivendi Universal and Sony BMG 'investigator' MediaSentry operating illegally in your state?. The Massachusetts State police has already banned the company, and it's been accused of operating without a license in Oregon, Florida, Texas, and New York. Similar charges have now been leveled the organization in Michigan. Michigan's Department of Labor and Economic Growth, in response to a complaint, has confirmed that MediaSentry is not licensed in Michigan, and referred the complainant to the local prosecutor."
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  • About Time! (Score:5, Insightful)

    by SultanCemil (722533) on Tuesday June 05 2007, @07:34PM (#19404975)
    You know, its about time this happened - I've been wandering how the RIAA's actions up to this point were any different from Mafia tactics. Pay us "protection money" or we'll sue. Good on 'em.

  • Unlicensed private investigators... (Score:5, Insightful)

    by moderatorrater (1095745) on Tuesday June 05 2007, @07:35PM (#19404991)
    I wonder if this is referring to the people who get your ip address off of their file sharing programs?

    I do think that this should at least make the RIAA use legal and more robust techniques to win cases.

  • dont cheer yet (Score:5, Insightful)

    by wizardforce (1005805) on Tuesday June 05 2007, @07:36PM (#19404999) Journal
    dont cheer yet, filing counterclaims is not the same as winning the case agaisnt the RIAA- if and when the RIAA loses THEN you can cheer.

    • Re:dont cheer yet (Score:5, Insightful)

      by Wordplay (54438) <geo@snarksoft.com> on Tuesday June 05 2007, @08:03PM (#19405195)
      No, please do cheer. You can't get a victory unless someone fights back, and it has to be someone getting victimized by the RIAA to have real currency. We've gone years now without someone stepping up to the plate, so I would consider this to be a huge step. We've needed this for a long time.

    • Re:dont cheer yet (Score:5, Insightful)

      by Citizen of Earth (569446) on Tuesday June 05 2007, @08:43PM (#19405531)

      dont cheer yet, filing counterclaims is not the same as winning the case agaisnt the RIAA

      Still, it'll be fun to watch them crap their pants and try to settle with the person for megabucks. If they flinch, their extortion plans are all over, as getting hit with a lawsuit from them will be like winning the lottery.

      • Re:dont cheer yet (Score:5, Insightful)

        by Opportunist (166417) on Tuesday June 05 2007, @08:03PM (#19405199)
        Oh c'mon, it's not like we ain't seen laws being bought and sold so far, and we've seen laws retroactively making illegal activities legal, why do you think combining them is impossible?

  • Please... (Score:5, Funny)

    by Richard McBeef (1092673) on Tuesday June 05 2007, @07:40PM (#19405035)
    If you look at Section 72 paragraph 14, subsection 8 sentence 2 (3f33.v2.7) of the Florida code (version 23.4.2a) you will clearly see that it is superceded by Federal code 4323F.2b4#*R, page 492 subsection B, paragraph 12, sentences 3-7.

  • The reason this hasn't happened before ... (Score:5, Insightful)

    by Anonymous Coward on Tuesday June 05 2007, @07:45PM (#19405069)
    Most of the victims just roll over because they can't afford to pay a lawyer. The RIAA doesn't go after people who can defend themselves. On the other hand, if this case and a couple of others are won in court then the RIAA won't be able to use its cheap tactics any more.

    Their supposed expert (actually he is an expert, just not on what he is testifying to) and their investigators only sound good until they are properly challenged. In other words they're only good enough to fool most of the victims and maybe a credulous judge.

  • Why are *AA logs worth anything? (Score:5, Insightful)

    by WombatDeath (681651) on Tuesday June 05 2007, @08:00PM (#19405173)
    I don't really get it.

    The RIAA waves a piece of paper and says "Look, at 11:28 on March 23rd 2007 Zaphod was making 'Stairway to Heaven' available for downloading on the Bittorrent network".

    Zaphod: "Err, no, I wasn't."

    RIAA: "Yes you did, we have a piece of paper!"

    Zaphod: "Give me ten seconds and I can show you a piece of paper saying anything you like."

    RIAA: "We have database logs and screenshots!"

    Zaphod: "Give me five minutes with a computer and I'll show you database logs and screenshots of anything you like."

    RIAA: "We have bizarrely detailed logs from your ISP showing that we downloaded a file from your computer at 11:29 on March 23rd 2007!."

    Zaphod: "Yes, it was a picture of me buggering your mother."

    RIAA: "..."

    Really, I don't understand why the *AA's 'evidence' in these matters is relevant, let alone compelling. Do they have some sort of infallible tool for proving exactly what files Zaphod had on his computer?

    • Re:Why are *AA logs worth anything? (Score:5, Informative)

      by Opportunist (166417) on Tuesday June 05 2007, @08:07PM (#19405225)
      Well, it hangs on what the judge deems "reasonable proof". If the mafiaa alone produces a log, it's clearly easily forged. If the defendant does, it's the same. When the ISP, a non-aligned party, produces evidence, it usually holds some meaning.
    • IANAL. In civil cases all the plaintiff has to do is convince the judge that their claims are "probably" true. In a criminal case you have to prove a lot more. As far as I am aware screen shots, log files, etc. aren't considered any real evidence in a criminal case since they are so easily forged, but they are allowed in a civil case.

      Let's say my kids are out playing in my yard and they throw a ball and it breaks a window of your car. If you sued me you wouldn't have to prove they did it, just that it's likely that they did.

  • This is music to my ears . . . (Score:5, Informative)

    by DaMattster (977781) on Tuesday June 05 2007, @08:15PM (#19405313)
    I think these charges, should they have merit might just stop the RIAA in its tracks. At the very least, experts would be far less willing to work on their behalf for fear of a damaged reputation and/or potential jail time. I know that in PA, acting as Private Detective without any kind of bond and licensure is a FELONY. I can't imagine doing so in Florida wouldn't be a crime either. We shall see about the outcome. My guess is that these charges will be whittled down and not much will become of this. I would really like to see this fought to the bitter end.

    • Re:No! (Score:5, Funny)

      by jstomel (985001) on Tuesday June 05 2007, @07:36PM (#19405007)

      Sarcasm aside, who didn't see this coming?
      The RIAA, aparently.

      • Re:No! (Score:5, Interesting)

        by Lead Butthead (321013) on Tuesday June 05 2007, @08:04PM (#19405209)

        Sarcasm aside, who didn't see this coming?
        The RIAA, aparently.
        Despite what we all like to think of RIAA, they have on staff some of the best lawyers money can buy. Surely they have contingency plan layout just for this?

    • Re:more likely to get struck by lightning (Score:5, Interesting)

      by Anonymous Coward on Tuesday June 05 2007, @08:25PM (#19405397)
      Just for fun I decided to test this theory when someone like you said this to me four years ago. I videotaped some fratboys playing drunk soccer, and then copied and pasted the clip repeatedly until I had an hour and a half long video. I then called the video "Shaolin Soccer.avi", put it in a Gnutella share directory on my computer that I connected to the university network (there were no other files in the share directory) and within three days the university had forwarded me a letter from the MPAA stating that I was sharing the movie "Shaolin Soccer." I had a good laugh with the residential networking guys about it. Together we told the MPAA to go fuck off. I haven't been struck by lightning yet.

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