Florida defendant: RIAA = fraud, conspiracy, and extortion

While the RIAA continues its allegations of copyright infringement, defendants such as Suzy Del Cid, which accuses the RIAA of all sorts of nefarious misdeeds, are fighting back. UMG vs. Del Cid is being heard in the US District Court for the Middle District of Florida, and in a counterclaim filed late last week, Del Cid accused the RIAA of computer trespass, conspiracy, extortion, and violations of the Fair Debt Collection Practices Act.

As seen before, Del Cid's counterclaim details how the Settlement Support Center contacts those fingered by the RIAA after John Doe lawsuits are filed to learn the identity of those using an IP address allegedly engaged in file sharing. Del Cid says that the Settlement Support Center takes "no account of the merits" of a particular claim, instead relying on the "inherent inequality of resources and litigation power" between the record companies and defendants. Del Cid accuses the plaintiffs of computer trespass, fraud, and abuse, saying that they "intruded into Del Cid's personal computer to obtain information."

Unlike others, Del Cid alleges that the RIAA used private investigators unlicensed by the state of Florida (where she lives) to track her online activities in violation of Florida law. Del Cid also accuses the RIAA of violating the Fair Debt Collection Practices Act by "knowingly collecting an unlawful consumer debt," referring to the Settlement Support Center's attempts to settle the case before the lawsuit was filed.

News source: Ars Technica

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It simply takes one person to win and set a precedent then the RIAA can't ever win a case on the same grounds again, the defendant's lawyer simply references RIAA v. ? and then forces the judge to dismiss.

That's why the RIAA doesn't actually ever want it to go to court. They make their money by extorting it out of their victims before it can go that far. They know that they'll loose in a court of law.

I can't wait until they target someone with lots of money to spend, who will hire a team of lawyers and go after the RIAA... this might be the person...

Naw, they prolly look into how much money people make as well and decide, wait, this person makes allot of money, they could hire a team of lawyers to pint out how bad we're being and then everyone would know how evil we are!

Seriously, I gotta tell ya, after talking with some bands on major labels, I can see why the bands might want people to buy the album though. Did you know that before the band sees a single dime, the company gets to take all of it till all expenses pertaining to the band are paid? Most of the time, that charge is in the millions of $$$'s. This is why I like being able to record and produce direct from my house, it means all sales and money come straight to me, course it means I work longer to get people to hear my music, but it's worth it. I'd rather do the work and get my music to the people who will truly appreciate it rather than to some trendy audiance who's only going to like it for 2 weeks and move on to some other band.

Del Cid accuses the plaintiffs of computer trespass, fraud, and abuse, saying that they "intruded into Del Cid's personal computer to obtain information."

Isn't that what hackers/crackers get penalized & serve time for if caught?