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RIAA says that any pending litigation will continue

The RIAA has been suing people willy-nilly for years with slim proof that the defendants actually shared music illegally. The lawsuits often seemed to be nothing more than a marketing attempt by the RIAA to get people to realize they could and would sue if you illegally shared music or they suspected you did.

Despite all of the suits that the RIAA filed, against people living and dead, the tide of music piracy never turned in its favor. The Wall Street Journal (WSJ) cites numbers from the NPD Group that show illegal music sharing stayed about the same throughout the RIAA's inquisition.

This week, The WSJ reported that the RIAA has announced it will stop its slash and burn suit policy and focus on other methods of preventing piracy that is thinks will be more effective. Since the RIAA started is massive campaign of litigation, it has brought legal proceedings against 35,000 people.

The RIAA says that it will now focus on working with individual ISPs to help stop piracy. When a person on an ISP is suspected of pirating music the RIAA will send an email to the ISP, who can then get with the individual customer to try to stop piracy. As is par for the RIAA's course, it makes no mention of how exactly it will gather evidence of piracy against ISP customers. Many wonder if the RIAA will simply resort to massive spamming of hundreds of thousands of suspected file sharers to ISPs.

If an ISP determines that a user is sharing music illegally, it will send an email warning the customer to begin with. That warning, if unheeded, could be followed by more warning letters from the ISP. If the user fails to stop file sharing, their internet connection could be slowed or terminated altogether.

The bad news for alleged file shares that already have RIAA litigation pending against them is that The WSJ says the RIAA will proceed with pending suits. That means that the retrial date set for the tossed verdict in the Jammie Thomas case will continue.

New York State Attorney General Andre Cuomo is also working to broker a deal between the RIAA and ISPs to help address both parties' privacy concerns. One key point in the RIAAs new tact on piracy is that it will not ask for the names of alleged music traders.

Cuomo's chief of staff Steven Cohen told The WSJ, "We wanted to end the litigation. It's not helpful." For its part, the RIAA thinks that the new policy will reach more people to make them aware that the man has an eye on them. RIAA group chairman Mitch Bainwol said, "Part of the issue with infringement is for people to be aware that their actions are not anonymous."

Brian Toder, the attorney representing a woman from Minnesota in a file sharing case said, "I'd give them credit for stopping what they've already been doing because it's been so destructive." Unfortunately, for his client, her litigation will continue despite the new policy.



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RE: how to get sued 101
By kart17wins on 12/19/2008 8:24:23 PM , Rating: 2
I already had my ISP cut me off. Qwest then sent me an email with all the "cease and desist" requests from NBC.

When I called Qwest they said delete the files and we will turn it back on, and don't do it again or you will be permanently cut off.

While it may seem like a scare tactic, wait until it happens to you.

I was amazed at the details they had on it. I now make sure I have PeerGuardian running at all times.

BTW if it does happen to you just tell them you have a wireless router running and your neighbor must have did it.


RE: how to get sued 101
By Kalessian on 12/19/2008 10:07:32 PM , Rating: 2
I actually do keep my wireless open, partly for what you said and partly because I don't mind letting my roommates/neighbors using it.

So that's good advice. But they cut you off completely? How did you get your threatening email then, like the next day or something? Are there any other ISPs in your area? I would switch and tell Qwest to f* off if I were you.

I don't know how my ISP would email me. I lost the password to the extra-crappy email account they gave me a long time ago. If I got cut off for something like this, I would just guess my connection was dropping. If it got really bad I would complain or change ISPs or something.


RE: how to get sued 101
By kart17wins on 12/21/2008 12:48:51 PM , Rating: 2
quote:
But they cut you off completely?
Yes, when I came home the "Internet Light" was Red and I couldn't get on the Internet. There was no warning whatsoever.
quote:
How did you get your threatening email then, like the next day or something?
After they turned it back on, they sent me the email.
quote:
Are there any other ISPs in your area?
Yes, just Charter, so if they go along with the RIAA I could be out of luck real quick. I had Charter at my old residence and they would shut off the connection when my "neighbor" was using P2P. I would have to reboot the modem to get it going again.


"We’re Apple. We don’t wear suits. We don’t even own suits." -- Apple CEO Steve Jobs

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