HAHA! The RIAA wants to sue me!

SkyHog

SkyHog

Touchdown! Greaser!
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Everything Offends Me
I'm so happy. My biggest dream is coming true. I get to battle the RIAA. I received a notice (via email, believe it or not), that the RIAA is going to sue me. The text of the letter is as follows:

RIAA said:
Dear Sir/Madam:

We have asked your Internet Service Provider, NPG Cable, Inc., to forward this letter to you in advance of our filing a lawsuit against you in federal court for copyright infringement. We represent a number of large record companies, including EMI Recorded Music, SONY BMG MUSIC ENTERTAINMENT, Universal Music Group and Warner Music Group, as well as all of their subsidiaries and affiliates ("Record Companies"), in pursuing claims of copyright infringement against individuals who have illegally uploaded and downloaded sound recordings on peer-to-peer networks.

We have gathered evidence that you have been infringng copyrights owned by the Record Companies. We are attaching to this letter a sample of the sound recordings you were found distributing via the BitTorrentUS (BitTorrent) peer-to-peer network. In total, you wer found distributing 50 audio files, a substantial number of which are sound recording controlled by the Record Companies.

The reason we are sending this letter to you in advance of filing suit is to give you the opportunity to settle these claims as early as possible. If you contact us within the next forty (40) calendar days, we will offer to settle the claims for a significantly reduced amount compared to what we will offer to settle them for after we file suit or compared to the judment amount a court may enter against you. If you are interested in resolving this matter now, please contact our Settlement Information Line at 913-234-8181 or, alternatatively, you may settle this matter immediately online at www.p2plawsuits.com using the CASE ID# found above [I ommited this info].

In deciding whether you wish to settle this matter, here are some things you should consider:

[REMOVED RETARDED LEGAL ADVICE FROM OPONENT]

This is a serious matter and to the extent you have any questions, we strongly encourage you to contact us to ask those questions. Finally, if you would like more information regarding music downloading/file sharing and peer-to-peer networks, please visit www.p2plawsuits.com.

IF WE DO NOT HEAR FROM YOU WITHIN FORTY (40) CALENDAR DAYS FROM THE DATE OF THIS LETTER, THEN WE WILL FILE SUIT AGAINST YOU IN FEDERAL COURT.

We are not your lawyers, nor are we giving you legal advice. We urge you to consult with an attorney immediately to advise you on your rights and responsibilities.

Sincerely,
Donald J. Kelso
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Well, this can't be true. I never, ever downloaded anything from BitTorrentUS (I don't even know what the hell BitTorrentUS is). So I was immediately thinking that this is a scam. The headers on the email are from NPG Cable, legitimately. The p2plawsuits.com is actually owned by the RIAA. The Case # gives me a settlement option of $3000. Holy crap, I think this might be real!

But wait, I'm still innocent, and by the way, even if I was guilty, the RIAA can go straight to hell.

Then I found this: http://www.wired.com/politics/onlinerights/news/2007/02/72834

Yep, its real, I'm being sued. So - since I hate the RIAA so much, I figured I'd pen a response to the e-mail address . I don't want to wait more than 40 days, right?

Me said:
Dear Sir/Madam/Monster:

I just read your letter, and I want to make sure that I understand it fully, so that I can properly prepare my battlements.

According to your letter, the RIAA is a super awesome company that does great things for anybody who's anybody in the recording business (hereafter referred to as "Giant Tools"). The Giant Tools pay you money to harrass people like me who have done nothing illegal so that you can try to get more 10 year old children to be forced to testify in court. You represent the Giant Tools in court, and therefore you are super powerful.

What's your court record? Have you won a single case yet? I've read that you haven't, and therefore, I feel I am ok defending myself against a 2-bit orginization that is only slightly less crippling to an entire industry than the Russian Government's controls over the Russian "Giant Tools."

I hate every bit of your company's being, and the actions you are forcing on me makes me actually want to download some of the Giant Tools horrible music so that I can go to court and give a review of the garbage you support. Unfortunately, I don't feel that would be a smart move on my part, since it is apparent that you would probably send me another OFFICIAL sounding letter warning me of lawsuit.

I can only wish that your company's headquarters are based somewhere near an upcoming natural disaster (Hurricane Dean would work nicely), and the money you have collected from the morons that actually settled on your site goes directly into the rebuilding of your office. I also hope that the destruction of your office leaves your organization liable for massive amounts of damages to other's property, and I hope they are smart enough to sue your mother for being such a horrible wench that she actually passed a disgusting excuse for slime out of her body. That's not any more frivilous than the crap you are pulling on me and thousands of others across the United States.

Since you felt it was necessary to include legal advice (although cleverly disguised it as NOT legal advice in the letter), I feel it may be necessary to do the same for you (hey, I'm a nice, fair guy!). Don't pursue these cases. You are making yourself look more evil than you have to be. Just keep suing the 80 year old women and the 10 year old kids. They'll probably cave faster than me.

In summary, I hope you get AIDS from an unclean hooker (your wife will suffice), and that every band you represent fails miserably in the next 10 years. You will not get a dime from me, as I spent all my money on your wife last night.

If the last part sounds a bit harsh, I have 3 words for you.

Suck my balls.

Nick

Oh - if this was a hoax - good job, you convinced me.
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Harsh, yes. And if the moderators want me to edit out some of the language, I will, but I wanted to be fair and post the full contents of my response.

I hate the RIAA so very very much.
 
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Some nice writing there! Well done.
 
Wow If I were trying to scare someone into paying me 3000 bucks, I'd put up a better looking website. Am I the only one who thinks that that www.p2plawsuits.com site looks like complete crap?

Pete
 
Hey, the RIAA just need to put food on their children
 
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I know it's a superficial observation, but did anyone else notice that on the p2p lawsuit website, the scales are unbalanced despite nothing being in them? Artistic license, of course, but it does seem to reflect the situation these days in lawsuits between corporations and real live individuals.
 
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Personally Nick. I would not do anything to bring attention to yourself. I have had dealing with the RIAA when we were sorting out on-line music digital right management standards. They have money and attitudes and will mess with you just for the sport. If you have nothing to loose feel free to disregard this advice. If not you may be getting into a fight that even if you win you will have lost a lot in the process.
 
Nick, read up on Slashdot and http://www.eff.org
http://www.eff.org/IP/P2P/riaa-v-thepeople.php
http://en.wikipedia.org/wiki/RIAA

The RIAA is losing in courts all over the U.S. Of course, that means you have to GO to court. What they do is try to drop the case when it looks like they're gonna lose. They don't want any court precedents to ruin the scam. Some defendants are fighting them so they can't run away.

For one thing they're losing on the stupid idea that an IP address is a person. That's how you got misidentified.

If you go to trial they'll subpoena your PC for forensic exam of your hard drive.

Start with this law firm's site. They're hanging the RIAA out to dry, but of course that's after a $40-$60,000 legal bill.
http://recordingindustryvspeople.blogspot.com/

What should happen is some state attorneys need to go after them for violating the RICO act. It is an extortion racket.

I would ignore them until you get an actual notice of suit. They prolly don't even know your name yet. You got a John Doe. Personally, I WOULD hire a lawyer and fund the case, but I could throw some money at it. As you'll read, those defendants who are winning are winning legal fees. The RIAA argues about how much it has to be.
 
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Were I you, I'd go with your first assumption that it was a piece of spam. You might make note of the "Frivolous lawsuits" thread again where one mentions that civil courts MUST take the plaintiffs words as true and thus allow the case to proceed to trial.
Now, even though it's a whole bag of crap, you expose yourself when you put your head above the foxhole. Stay low and perhaps you'll be ignored. Otherwise, find yourself a shark of a lawyer who'll defend you on the contingency of being paid by the plaintiff.
For what it's worth, if you still wish to pursue a response, find a good lawyer to John Hancock the letter. He'll make it official and keep the emotion out of it. I like the letter but all it will do is attract negative attention.
 
silver-eagle said:
Were I you, I'd go with your first assumption that it was a piece of spam. You might make note of the "Frivolous lawsuits" thread again where one mentions that civil courts MUST take the plaintiffs words as true and thus allow the case to proceed to trial.
Now, even though it's a whole bag of crap, you expose yourself when you put your head above the foxhole. Stay low and perhaps you'll be ignored. Otherwise, find yourself a shark of a lawyer who'll defend you on the contingency of being paid by the plaintiff.
For what it's worth, if you still wish to pursue a response, find a good lawyer to John Hancock the letter. He'll make it official and keep the emotion out of it. I like the letter but all it will do is attract negative attention.
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Yeah. On the other hand it very well could be from a clever Russian.

You could check with your ISP to see if they really did forward the message.

Looks real:
egistrant:
Recording Industry Association of America
1025 F ST NW
10th Floor
Washington, District of Columbia 20004
United States

Registered through: GoDaddy.com, Inc. (http://www.godaddy.com)
Domain Name: P2PLAWSUITS.COM
Created on: 23-Jan-07
Expires on: 23-Jan-10
Last Updated on: 18-Jun-07

Administrative Contact:
RIAA, RIAA recordingindustrycommunications@riaa.com
Recording Industry Association of America
1025 F ST NW
10th Floor
Washington, District of Columbia 20004
United States
2027750101 Fax --

Technical Contact:
RIAA, RIAA recordingindustrycommunications@riaa.com
Recording Industry Association of America
1025 F ST NW
10th Floor
Washington, District of Columbia 20004
United States
2027750101 Fax --

Domain servers in listed order:
NS5.SECURESERVER.NET
NS6.SECURESERVER.NET
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Call that phone number to see if it's really them. Looks like it.
 
But that IS spam. Looks real, smells real, makes you want to do something.

Spam - looks like real meat, smells like real meat, makes you want to do something. (The latter physical description was left out for the faint of heart.)

Remember the golden rule... if it looks to good to be real, then it probably isn't.
 
Personally, my response would be something like sending to them a neatly packaged turnip along with a copy of their letter attached to my note... "Knock yourself out!"

When they can tie an IP address to an individual as securely as that of DNA, I'll go along with it.
 
Well in the first place Nick, if it were real it would come in a certified letter, not e-mail. I smell scam big time.
 
Nick, and any others wishing to download music or anything else... I have one word for you!


TORPARK

Get this on your machine, and use it. (its free) It is an IP anonymiser. It is not possible for anyone to track you via an IP address when using TORPARK as your gateway onto the internet. I have found it to be an extremely useful tool when dealing with certain entities, via the internet.

Of course I would NEVER do anything illegal, like download bootleg music...
 
The problem is if you contact the real RIAA, they have it set up like a collection agency. They ask you for all of your info and them blandly tell you they'll take a credit card for payment....

I would ask only one question: "Is p2plawsuits.com really the RIAA?" If they stonewall, forget about it.
 
colomtnflyer said:
Nick, and any others wishing to download music or anything else... I have one word for you!


TORPARK

Get this on your machine, and use it. (its free) It is an IP anonymiser. It is not possible for anyone to track you via an IP address when using TORPARK as your gateway onto the internet. I have found it to be an extremely useful tool when dealing with certain entities, via the internet.

Of course I would NEVER do anything illegal, like download bootleg music...
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If you use it on one machine on a home network, does it block the computer's IP address or the modem's IP address?
 
Kenny- I'm not really sure... This was given to me by a buddy who is a computer nerd... He told me this is a sophisticated anonymiser, but I am not nearly so computer literate as to understand exactly how it works. But I did ask some friends to try to track some things I sent them, and they could not break thru what ever it does...

The TORPARK interface is a deriviative of FIREFOX, I believe, so is quite user friendly (which is good for me...)
 
colomtnflyer said:
Kenny- I'm not really sure... This was given to me by a buddy who is a computer nerd... He told me this is a sophisticated anonymiser, but I am not nearly so computer literate as to understand exactly how it works. But I did ask some friends to try to track some things I sent them, and they could not break thru what ever it does...

The TORPARK interface is a deriviative of FIREFOX, I believe, so is quite user friendly (which is good for me...)
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Are you on a single computer on dialup, cable/dsl or a network wth a router?
 
SkyHog said:
I'm so happy. My biggest dream is coming true. I get to battle the RIAA. I received a notice (via email, believe it or not), that the RIAA is going to sue me.

I figured I'd pen a response to the e-mail address . I don't want to wait more than 40 days, right?

I hate the RIAA so very very much.
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It's good to pen the response, I'd be a bit hesitant in sending it. The RIAA is trolling for examples to be set in the media. If you stick your head up, they will go after it. Just because they will not win in court, does not mean you will not lose. It will cost you tens if not hundreds of thousands to defend yourself in court, because if you go in unrepresented, the system is set up for you to fail. Remember, the legal system is set up to make lawyers money, you go in without one, they don't like that (remember, most all judges are lawyers). So, unless you have a lawyer in your pocket, or a bankroll to back your dislike of RIAA, I'd just ignore the bait, because the RIAA does have the bankroll.
 
Don Jones said:
Well in the first place Nick, if it were real it would come in a certified letter, not e-mail. I smell scam big time.
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You can wait for an actual notice of lawsuit, not the chance to pay before one is filed. Let 'em file.

There is one suit that got class action status. Join the class.
 
Heh, waiting is a moot point because I sent that response last night.

Screw 'em. You can't get blood from a stone.

FWIW - to anyone that really in interested, I have not downloaded any MP3s from any "BitTorrentUS" at all. I did, however, have a wireless network set up in Havasu which I kept unlocked, and some dude kept using it with the computer name "RAZOR." I'm not saying, I'm just saying.

I hate the RIAA. They are a bad, bad company, and they have done nothing positive for artists except take their hard earned money under mob-like pretenses. Screw 'em.
 
smigaldi said:
Personally Nick. I would not do anything to bring attention to yourself. I have had dealing with the RIAA when we were sorting out on-line music digital right management standards. They have money and attitudes and will mess with you just for the sport. If you have nothing to loose feel free to disregard this advice. If not you may be getting into a fight that even if you win you will have lost a lot in the process.
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Yes - but the RIAA has not dealt with someone like me before. I'm the kind of guy that will tonguekiss the Plantiff's wife in front of him, the kind of guy that doesn't mind going into horrible debt to make sure that I don't get pushed around by lawsuits. I've seen too many good people get burned because they are too sissy to stand up to the corporate legal machine.

I may or may not be a good person, but I refuse to let anyone push me around with money. ANYONE, and I don't think the RIAA has dealt with that yet. I would be just fine spending the rest of my life in poverty if it meant I could do some serious damage to the RIAA. Hell yeah, I'm gonna countersue if I find reason. And I'll be ruthless.
 
I thought the somethingawful guy was good at writing responses to legal threats. I think you've topped him. You have my full support---which equates to nothing. But it's the thought that counts...right?
 
SkyHog said:
Yes - but the RIAA has not dealt with someone like me before. I'm the kind of guy that will tonguekiss the Plantiff's wife in front of him, the kind of guy that doesn't mind going into horrible debt to make sure that I don't get pushed around by lawsuits. I've seen too many good people get burned because they are too sissy to stand up to the corporate legal machine.

I may or may not be a good person, but I refuse to let anyone push me around with money. ANYONE, and I don't think the RIAA has dealt with that yet. I would be just fine spending the rest of my life in poverty if it meant I could do some serious damage to the RIAA. Hell yeah, I'm gonna countersue if I find reason. And I'll be ruthless.
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I think that all that and a dollar will get you a cup of coffee and a whole lot of trouble, not much else. But since I think this is a scam anyway, who cares?
 
alaskaflyer said:
I think that all that and a dollar will get you a cup of coffee and a whole lot of trouble, not much else. But since I think this is a scam anyway, who cares?
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Yeah. It's a scam. But it's really a scam from the recording industry, which thinks it's above the law.
 
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SkyHog said:
Hell yeah, I'm gonna counter-sue if I find reason. And I'll be ruthless.
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If you have the proof to refute their claims then you could possibly have a case of libel. It would take an attorney to look further for you.

And, I think it would take a lot of discovery effort. If determined their settlement record is largely the result of scare tactics rather than actual and irrefutable proof then there may be a good case against them. One problem I'm betting on is each of those settlements may include a non-disclosure. That would have to be broken.
 
mikea said:
Join the class, Nick:
http://arstechnica.com/news.ars/post/20070817-riaa-faces-first-class-action-suit.html
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No way. Class action lawsuits have one flaw: The participants get out with about $5 in damages, while the lawyers get a few million easily. What would work better is if each of those in the class sued individually. Then the lawyers and the plantiffs make out like bandits.

I hate the state that our legal system is in today, but I have no problem milking money from an organization like the RIAA. I don't know how the founders of that organization sleep at night.
 
SkyHog said:
No way. Class action lawsuits have one flaw: The participants get out with about $5 in damages, while the lawyers get a few million easily. What would work better is if each of those in the class sued individually. Then the lawyers and the plantiffs make out like bandits.
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and: " I would be just fine spending the rest of my life in poverty if it meant I could do some serious damage to the RIAA. Hell yeah, I'm gonna countersue if I find reason. And I'll be ruthless."

These seem to be somewhat counter statements. If you want to do damage to RIAA, the way to do it is with massive legal support, only found in class status. If the lawyers have a good chance of getting paid at the end from RIAA money they will be HIGHLY motivated to pummel the RIAA. What do you care if you get $5? As long as it backrupted RIAA I'd be all-in.
 
mikea said:
Yeah. It's a scam. But it's really a scam from the recording industry, which thinks it's above the law.
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It's like insurance from the mob. "Pay us or something bad might happen to you." Ridiculous.

Just unethical tactics from an organization that is going the way of the dodo. The internet has been the worst thing for the RIAA, and it's not because of P2P. It's because anyone with a website can expose themselves and their art to millions if not billions of people, all without the assistance of an organization such as the RIAA. There is no more need to sign your life away to a record company to get your music out there. We haven't made it to the point that independent artists are making it big, and I doubt they will unless they're willing to rip off their fans like the record companies do, but it's started and the RIAA's death knoll is ringing.

http://web.archive.org/web/20070516072252/http://www.riaa.com/news/marketingdata/cost.asp

Gosh, after reading that, I feel like I need to send more money to the record company. I love this part:

While the price of CDs has fallen, the amount of music provided on a typical CD has increased substantially, along with higher quality in terms of fidelity, durability, ease of use, and range of choices, including multi-media material, such as music videos, interviews and discographies. Content of this type often requires considerable production expense and adds a whole new dimension that goes beyond conventional audio.
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docmirror said:
and: " I would be just fine spending the rest of my life in poverty if it meant I could do some serious damage to the RIAA. Hell yeah, I'm gonna countersue if I find reason. And I'll be ruthless."

These seem to be somewhat counter statements. If you want to do damage to RIAA, the way to do it is with massive legal support, only found in class status. If the lawyers have a good chance of getting paid at the end from RIAA money they will be HIGHLY motivated to pummel the RIAA. What do you care if you get $5? As long as it backrupted RIAA I'd be all-in.
Click to expand...

If it didn't cost me a dime and it put the RIAA into bankruptcy, I'd be more than happy to slap my name on a class action. Maybe I should open up my wireless router to the neighborhood kids.
 
docmirror said:
and: " I would be just fine spending the rest of my life in poverty if it meant I could do some serious damage to the RIAA. Hell yeah, I'm gonna countersue if I find reason. And I'll be ruthless."

These seem to be somewhat counter statements. If you want to do damage to RIAA, the way to do it is with massive legal support, only found in class status. If the lawyers have a good chance of getting paid at the end from RIAA money they will be HIGHLY motivated to pummel the RIAA. What do you care if you get $5? As long as it backrupted RIAA I'd be all-in.
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Ah, no the point is that one big lawsuit does a pretty big chunk of damage, but thousands of big lawsuits will destroy a company. And for that, I think the class action lawsuit would be better off fought by individuals.
 
SkyHog said:
No way. Class action lawsuits have one flaw: The participants get out with about $5 in damages, while the lawyers get a few million easily. What would work better is if each of those in the class sued individually. Then the lawyers and the plaintiffs make out like bandits.

I hate the state that our legal system is in today, but I have no problem milking money from an organization like the RIAA. I don't know how the founders of that organization sleep at night.
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If it was filed under the revised class action laws, the damages to the clients should change drastically. I don't know how much but perhaps David Taylor might know more about it.

I agree, most class action suits are pretty sad. The example W used when he signed the new law was of a woman who ended up with a gift certificate for $200 toward the same television manufacturer she wanted relief from to start with. If I recall, the original TV cost her well over twice that. Why would she want to return to the same make?

I like the one I was made part of with Bank of America. I was offered a $200 certificate toward the loan origination fee on home financing. If there's one thing mortgage companies can shave on, it's the bogus origination fees. They started as a commission paid for the person/office who took the application, provided a qualified borrower and closed the loan. Today with a "one-stop" mortgage service, it's a non-issue. :rolleyes:
 
SkyHog said:
Ah, no the point is that one big lawsuit does a pretty big chunk of damage, but thousands of big lawsuits will destroy a company. And for that, I think the class action lawsuit would be better off fought by individuals.
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Not a chance, Nick. The RIAA has almost resources becuase a lot of people just pay the $3000 to get off cheap.

Read those sites!

One has the RIAA S.O.P. You're already in their clutches because you told them who you are. They'd have no way to find you otherwise. They've been losing the grounds for the suppoenas of John Does at an IP address. They have been doing discovery and such with the party having no notice of the court action and thus no way to fight it.

The defendants have come up with expert witnesses who are testifying to the obvious that no person is an IP address. The more in touch colleges are fighting based and that and refusing to cooperate.

If you contacted them you're no longer a John Doe.

Talk to a lawyer!
 
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