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Florida defendant: RIAA = fraud, conspiracy, and extortion

Slimy   on 04 June 2007 - 20:58 · 14 comments & 6726 views

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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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(1 reply) #1 Optix Illusion on 04 Jun 2007 - 21:07
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?
#1.1 PureLegend on 04 Jun 2007 - 22:03
Technically, I don't think they did that. Don't they just monitor network traffic?
(1 reply) #2 Buttus on 04 Jun 2007 - 21:43
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...
#2.1 Spider_Man on 04 Jun 2007 - 22:16
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.
(3 replies) #3 bibutteryboy on 04 Jun 2007 - 22:59
Quote -
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.


So you would rather make music that everyone can listen to free of charge and not make music that could make you a millionaire?
#3.1 The Gline on 04 Jun 2007 - 23:25
You say that like it's a bad thing.
#3.2 black_death on 05 Jun 2007 - 00:43
Quote - (bibutteryboy said @ #3)
So you would rather make music that everyone can listen to free of charge and not make music that could make you a millionaire?


it's people like you that are the reason why instead of zeppelins and floyds we have MCRs and fall out boys. and for the record, record companies dont pay their artists **** unless theyre big.
#3.3 NightmarE D on 05 Jun 2007 - 22:06
Quote - (bibutteryboy said @ #3)
Quote -
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.


So you would rather make music that everyone can listen to free of charge and not make music that could make you a millionaire?


Do you ever know what you're talking about?

Most bands on a label make next to nothing on actual album sales. It all goes to the record company. This is why most bands tour like crazy. That's where they actually make all their money. Tour money goes directly to the band. One band can make over a million in just one concert and that's all theirs. Some goes to paying the touring crew, but the band gets the biggest chunk.

If you record your own albums, do everything on your own, you have nobody to take away anything you make. You can sign to a label and get say....20 million dollars in albums sales for the label. You wouldn't even see a million of it. You'd be lucky to get anything around 50,000 to 100,000.

If you'd actually look at anyone who has complained about music downloads you'll notice the ones who complain are either money hungry or bands that are just starting out who aren't doing very well. Most bands who have been around a while don't really care because they know they don't see much of that money at all and make their money in touring. Lars Ulrich of Metallica was money hungry when he got the whole Napster thing started. You'll notice it was only him that complained about it. The other members of the band acted like they didn't really care, but he wouldn't shut up.

The only time artists make a huge amount is when they're a big artist and the label will start offering millions for them to make more albums and even still, they'll make more than what the label gave them in touring.
#4 black_death on 05 Jun 2007 - 00:44
way to go, I wouldve done exactly the same thing If I ever faced them in court!
#5 Powervortex on 05 Jun 2007 - 02:05
(1 reply) #6 mattking on 05 Jun 2007 - 08:12
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.
#6.1 Foub on 05 Jun 2007 - 09:58
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.
#7 ThePitt on 05 Jun 2007 - 15:24
Good luck with that...
#8 SBacklin on 05 Jun 2007 - 16:14
Win or loose, it looks like this defendant did her homework. Hopefully, she wins.

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