Recording Industry files 261 lawsuits against file sharers
Posted on 09/09/03 02:43 by Seán Byrne                             
Recording Industry files 261 lawsuits against file sharers

GristyMcFisty and StrongBad used our news submit to tell us about what the RIAA are up to now.  StrongBad wrote "The war on the consumer has officially begun. The RIAA has just buried themselves into a hole that will take years to get out of. Hopefully after 130 of those lawsuits are dismissed, 20 are settled and 111 are fought they will realise the error of their ways."

After years of the RIAA trying to fight off Peer-to-peer services, applications and even hardware, they are now taking a realistic mature way.  As before, they are not planning on lowering prices or selling online music, but instead going after the users themselves who share music. They have now filed 261 lawsuits against alleged file sharers; most of who were sharing over 1,000 copyrighted songs across various networks including Kazaa, Morpheus and various others.

 

As we have seen in the last few months, the RIAA have been keeping an eye on who is sharing what and issuing subpoena's to force the ISP's reveal their identity.  By using this information, they can determine the best lawsuit 'bait' before going to court.  Recently, they began tracing MP3's by examining header information to try and determine if a user is sharing their own CD collection or sharing music downloaded from others. They are aiming to scare of file sharers, so even if a user avoids the risk by downloading and not sharing anything, the selection of songs shared on these networks will significantly decrease.

 

Originally, the RIAA have targeted the peer-to-peer services themselves such as now defunct Napster and Audiogalaxy, but have lost their patience and are after the file sharer's themselves. They are expected to have thousand's of lawsuits filed in the coming months.  For the lawsuits that go to trial, the RIAA is expected to ask the court to decide on appropriate damages rather than going choosing the potential fines up to $ 150,000 per copyrighted work infringed.

 

The Recording Industry Association of America (RIAA) today said it filed lawsuits against 261 people accused of trading copyrighted songs on the Internet. The group also said that it would not sue file sharers who promise in writing not to do it again.

The lawsuits, which were filed in federal courts across the country, are the RIAA's latest tactics in its war against the illegal file sharing that record companies blame for plummeting CD sales.

In June, the RIAA promised to sue hundreds of Internet users suspected of illegally trading music using file-swapping services like Kazaa and Morpheus. The association in August clarified that it only would target the most egregious file sharers.

RIAA President Cary Sherman in a teleconference today characterized the people who were sued as "major offenders" who distributed about 1,000 copyrighted music files on average.

The amnesty program, reports of which surfaced last week, would require file sharers to admit in writing that they illegally traded music online and vow in a legally binding, notarized document, never to do it again. The amnesty would not apply to anyone the RIAA already has subpoenaed for information regarding file swapping.

"We're willing to hold out our version of an olive branch," Sherman said.

About 57 million Americans use file-sharing services, according to Boston-based research firm the Yankee Group. Among the most popular are Kazaa, Morpheus and Grokster, which rose to prominence after a federal judge shut down the pioneering Napster service in 2001. Kazaa says that its file sharing software has been downloaded more than 200 million times.

The RIAA say that paid music services will offer convenience comparable to peer-to-peer networks, but this is not true.  If a user downloads an MP3, they are free to put it on their portable MP3 player, take it to a friend's computer and even burn it to CD.  The same freedom is not available with legal music services.  Some users who purchase tracks off a legal service presume that it's now OK to re-download their song titles they purchased off a peer-to-peer network to get an MP3 version for their portable player or to burn on to CD.  Therefore, legitimate services still force users to resort on peer-to-peer networks to get unrestricted versions of their purchased music. Vivendi Universal's Emusic.com is an exception by providing unlimited MP3 downloads with no usage restrictions for a flat $ 9.99 monthly rate over a year's subscription. ;)

The music industry probably don't realise that if they do successfully manage to kill off peer-to-peer networks, downloader's will simply find another way to obtain their music.  As college & university students make up a good portion of peer-to-peer network users due to their limited income, they may simply change to copying CD's from mate to mate or even recording off the radio (streaming, satellite and over the air). This has been done before P2P networks using cassette tapes and there's little stopping it now with most downloader's having access to a CD-recorder. 

Source: Yahoo Technology News

Reactions
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By RDJ, Tuesday 09 September 2003 03:46
RDJAnd there right i found crime needs to be punished specialy all those kazaa crap downloaders who eats bandwith and are responcible that isp`s starting to tight up the data limits.
By DocBoard, Tuesday 09 September 2003 04:07
I agree that it's irritating that ISP's have started to make limits like they have. I do also, however, feel that it's absolutely stupid for ISP's to offer services and then complain when they're used. If you can transfer 512k/sec up and 256k/s down, they shouldn't be upset when you do.
By icepax, Tuesday 09 September 2003 04:19
What a load of horseshit! RIAA morons are fighting a loosing battle. For farks sake, change your dinosaur business model and see what happens. Suing people is not the solution idiots!
By Crabbyappleton, Tuesday 09 September 2003 04:59
Crabbyappleton"We're willing to hold out our version of an olive branch," Sherman said. It's more like an 50,000 volt electric shock collar. I have read that those so frightened or pressured by their parents to turn themselves in, will face extremely harsh penalties if they ever get caught downloading again. That's why they need the photo ID. puke
By swspjcd, Tuesday 09 September 2003 06:00
So why doesn't someone with some online clout, organise a month or 2 month long boycott of music stores. I think you'll find that if you get enough people to do it, not buying any music in stores for 2 months or so, would send a pretty huge message. When the hell is someone going to stand up to these bullys and start taking back our rights!?!?!?!? FWIW, I don't even download Mp3s and never really wanted to but I would certainly stop buying CDs for 2 months if this thing became organised enough. I know I'm only 1 person, but I spend about 200 a month on music.
[edited by swspjcd on 09.09.2003 06:01]
By Sherrif, Tuesday 09 September 2003 07:19
History has show that those that bought about the end of the roman empire also assured their own demise......Gary Shameonu ought to read his history...... Offer a plethora of olive branches....will anybody trust or deal with the RIAA again ???..................cool
By warforpeace, Tuesday 09 September 2003 08:58
warforpeaceYeah right. I have bandwidth and pay for it to use it. My ISP complained not while I downloaded stuff from P2P networks but when I downloaded a certain amount of Linux ISO releases, because the bandwidth i used to d/load those Linux distribution was like most of their bandwidth (the ISP's town branch). So i guess they'd be happier if I downloaded from p2p networks then legit software at high speed Smilie
By cs2cd, Wednesday 10 September 2003 00:42
WHAT ABOUT THE OTHER 114,883,736 Kazaa and Kazaa+++(un tracable) users.... face it, every record company in the world combined cant afford to sue that many people, forget learning to play a guitar and becoming a artist, go to harvard a become a lawyer, thats where the money is!
By joex444, Wednesday 10 September 2003 01:54
Doesn't anybody question what methods the RIAA is using to find out who has how many files and if they should be sued? How can the RIAA be so sure that every file is illegal? I mean, let's be serious here, the MP3 is *NOT* an illegal file type. There are, believe it or not, legal instances when having an MP3 is legal, although sending it is what these people are sued for. I don't know about the other 100 million of you, but if somebody has blocked the ability for other users to view their files, I can't view them. How can the RIAA? Perhaps there isn't privacy when you are in the public domain, but I am still in my house, which is (at last check) private. I would think that on the Internet, you don't have as much privacy as you want, but I would still expect that if I did make an effort to disallow others from viewing all my files globally and publicly, then anybody who has viewed what files I have did not obtain that information without breaking my right to privacy..... What happens if somebody comes into court and shows that they have possesion of every single CD that every single song that they have on their PC came from? That would give them the right to have the MP3s....now as to the sharing thing....play dumb (re-read that thing Kazaa Lite says about when you disable sharing)... Just a thought.
By The Reverend, Wednesday 10 September 2003 07:12
It starts here. Everybody, and everybody you know, not buy any music in the month of December 2003. Unless its used that will be alright. Tell everybody you know and spread it on every network of every kind. December will hit em hard, like a train hitting a bus. Smilie
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