WASHINGTON (AP) - A woman in Milwaukee and her ex-boyfriend are under orders to pay thousands to the recording industry. A man in California refinanced his home to pay an $11,000 settlement. A year after it began, the industry's legal campaign against Internet music piracy is inching through the federal courts, producing some unexpected twists.

``I'm giving up and can't fight this,'' said Ross Plank, 36, of Playa Del Ray, Calif. He had professed his innocence but surrendered after lawyers found on his computer traces of hundreds of songs that had been deleted one day after he was sued.

Plank, recently married, refinanced his home for the money.

``Apparently, they would be able to garnish my earnings for the rest of my life,'' Plank said. ``For the amount I'm settling, this made sense. I didn't see any other way. They've got all the power in the world.''

The campaign has also produced worries, even from one federal judge, that wealthy record companies could trample some of the 3,935 people across the country who have been sued since the first such cases were filed in September 2003.

Complete story
http://my.netscape.com/corewidgets/news/story.psp?cat=50803&id=2004082016260001189706

"Experts said the amounts of those settlements - compared to
$7,500 or more for losing in court - discourage people from
mounting a defense that could resolve important questions about
copyrights and the industry's methods for tracing illegal
downloads."

Precisely. which means extortion. whatever happened to that RICO case?

Legal mugging is what this is, along with intimidation.

Much like the start of the DMCA where they could submit a request to an ISP for identification of a person by his ip use and time without a warrent; this to will crater in their face. The courts are not blind to the actions and the behavior of criminals. While they may at present be able to bully folks into forking over money there is an end coming.

The courts are well familiar with how criminals think and act. This too will eventually soak in as they continue on this trend. At some point there will reach a overwhelming anti-sympothy towards their legal stance. At this time again the door mat of welcome will again be slammed in their faces. They can not help how they act, it reflects the true criminal type mindset and it shows through.

You and I know this, the courts are beginning to see it. The day comes when there will not be much left to hide behind. When it arrives they will have the same recourse of the legal door slamming in their face that the ruling of needing the John Doe warrent to continue seeking that info that they so desire.

It is also confiscatory class warfare, largely (and deliberately, which makes it even worse) against lower income people, the weak and the vulnerable, the script they're following right out of the Marxist playbook, in particular dealing with the section of "redistribution of wealth." Which is basically what it is: a forced redistribution of wealth towards this heartless, soulless, reckless, out-of-control entity of rigid, absolutist, radical ideologues who couldn't care less about the damage they've inflicted in the name of their twisted version of "reparations." Not to mention borderline racist (as viz Dan Peng or the "little brown person," Brianna LaHara). No good ever comes out of this predatory strategy. The quality of life of these 800+ victims have been seriously (and, perhaps permanently) diminished and scarred, and no amount of propaganda and brainwashing emanating from the media-entertainment complex will change that.

The following quote in general -- from that coward Russ Plank -- boiled my blood:
"For anyone fighting any of these lawsuits - unless they have nothing to lose - the only thing to do is settle. You have no power against these people."
In short, just roll over, play dead, and allow these Goliaths to steal your life savings without so much as an atom of a fight, and make it even MORE of a cakewalk for the RIAA in their strategy of conquest, absolute power and total domination. Or, recalling that famous quote from Mohammed Atta on 9/11: “We have some planes. Just stay quiet and you’ll be O.K. We are returning to the airport. . . . Nobody move. Everything will be O.K. If you try to make any moves, you’ll endanger yourself and the airplane. Just stay quiet.” I shudder to think what Plank would've done if he were on any of the hijacked planes that fateful day . . .

If Plank's demoralized attitude is any barometer, not only America but the entire Western world in general will end up losing the "war on terror" and be swallowed up in a thousand years of darkness under a fundamentalist Islamic theocracy. Because the bin Ladens and the al-Sadrs and the al-Zarqawis of the world see the people of the Western world as hopelessly weak and unwilling to fight any protracted battle in any situation, and not having the stomach or resolve for any prolonged battle, and also believe that the peoples of the West will always yield to any pressure or demands imposed on them when the chips are down, even for the most nefarious ends as, say, the RIAA's.

I also have to wonder with this "they're all powerful, so let's just give up and surrender without a fight" mentality, what if they were leading a country like, say, Spain or the Philippines, both of which pulled out of Iraq in total capitulation to terrorist demands following a bombing and / or kidnapping. Or, G-d forbid, if any of these people were part of the Allied force surrounded by the Germans at the Battle of the Bulge in World War II. If a Russ Plank were among the Allied soldiers and the German siege was at its worst, let's just say today we'd either be speaking German or be a lampshade.

is anyone fighting?

how?

Maybe Mr. Plank should move to France. They're good for giving up without a real fight.

I, for one, will fight tooth and nail against these people. They can't tell me what to do with a series of 1s and 0s. If they want me to buy stuff from them, then they'd best get me a job so I can have the money to even think about buying something.

if i get caught again they threatened me with a 100,000 lawsuit and possibly jail time so now i can't download anything

Which would probably mean that you won't be able to either vote or serve on juries or otherwise participate in the political and civil process, either. The problem is, these predatory RIAA cretins think they're entitled to it *all*, and will try every trick in the book to do their part to further widen the gap between the "haves" and the "have-nots" in this country. Not to mention the issue of disenfranchisement (most glaringly in states which bar convicted felons from voting). I would not be surprised if some RIAA yazoo told the media that P2P users should be barred outright from voting in elections or primaries because, per their bigoted, stereotypical thinking, such people would "naturally" veer towards "pro-'piracy[sic]'" candidates. Much like some talk-radio commentators saying that welfare recipients in this country shouldn't be allowed to vote because they'll always elect politicians who'd increase their welfare benefits (and, by their ruminations, bankrupt the U.S. economy even more).

And about this whole thing about using the poisonous weed known as the DMCA as an excuse to justify their confiscatory terrorist activities: I seem to recall, as I'll say again, that the Ku Klux Klan used to use Jim Crow segregation laws of the late 19th / early 20th century as justification for lynching black people and employing other acts of brutality and oppression to keep them "in their place." By the RIAA's evil "logic," would that mean that the Klan's position was in any way "right" by the laws of that time?

I hear a lot of tought talk from different people here. A lot of "I would never pay" and such. I am not questioning your word or anything. But you must understand most people's real life action when they are sued. You don't have to lose the case, since the RIAA has the power to keep you in court. You will lose your job, money from lawyer fees, your reputation. There battle isn't in the court, its just to keep you in court till you go broke. This isn't a federal crime, if you can't pay for a lawyer, you don't get one.

I can sit here and say "Oh I would never stop fighting them bla bla bla." But in truth I know that I would pay the money because I have to think about my Wife, my family, and the fact that I have my whole life ahead of me. If the RIAA came to with with papers, I know that they don't care about me and will not hezitate to drag this out in court, till I am to poor to fight back. That's why these people are paying, not because they are weak, because they know that they cannot win. The court system has become a tool for the wealthy, is it wrong? Yes, but that is the way it is.

Its easy to look heroic and say you would stand up to the RIAA's legal guns, but its a different story when you are standing up there alone and the guns are trained on you.

Azurre is right.

We could use this against them. The legal campaign is working well at scaring people away from p2p, ot at least scaring them into leeching. But think what it is doing to the RIAA reputation. They are hated by all who know of them. If we could get more people to know of them, it could have quite an effect on sales. This still brings us back to our classic publicity problem through: while many internet users support us, our cause is almost unknown in the real world, and this is one issue where we will never get support from the media.

And why? Because the media sides with the enemy, a.k.a. the RIAA. Now, if we were "Boycott-Israel" or something on that order, we'd be all over the media, I guess, given the media's support of Palestinian terror as well . . .

But while all of us could debate till the cows come home as to whether the RIAA's insidious strategy of confiscatory class warfare via "loy-yiz" from NYU or Columbia "works" or not, there is no doubt that appeasement DOES NOT WORK; indeed, emboldens the enemy and further ratchets up their nefarious agenda. Just as the Philippines' pulling out of Iraq so as to secure the release of a truck driver who'd been taken hostage by the al Qaeda terrorists harbored in that country ended up emboldening the terrorists there and led to a greater spate of kidnappings and beheadings that have continued unabated ever since.

And it isn't just the appeasement on the part of the 800+ victims of RIAA blackmail (all of whom have essentially painted a bull's-eye target on themselves) that leads me to the conclusion I've come to about the image of Western democracies per the radical Islamists; it's that PLUS reports of the American public growing increasingly weary over the mounting casualties in Iraq and the "questions" as to whether it's "worth it." Or to put it another way, it reinforces the image amongst our enemies that we AS A NATION are a perpetually weak people who'd fold like a cheap fan if our backs were to the wall, no matter WHAT the situation.

And I would ask 'Azurre' this: Suppose your home were invaded by, say, al Qaeda terrorists from a cell in your area, and they all put a knife to you and your family around the neck and vowed to cut your throats unless you converted to Islam. What would YOU do? Based on your mindset as evidenced by your comments, it sounds like you'd convert in a minute at the point of that knife, rather than defend your family at the risk of your very existence.

Azurre is right, to a point.

The industry knows who and how to target to ensure that only those who won't resist (because they have to much to loose or no hope) gets sued. so 5000 people gets these notices from the RIAA, out of how many tens of thousands of names? I myself wonder how they select who they sue.

this is a PR campaign for them, they can't afford to threaten extorsion from someone they know has the resources and will to fight (and there are those who do)

I'm willing to bet there are hordes of lawyers scurrying around like rats in a garbage heap going through the potential victims life, family and income information to determine who gets these notices.

Who's been sued?? college kids, single moms, the elderly, a few professionals who have status to loose. Where are the politicians and their family's. don't tell me that every single political figure and their families in washington and every state capitol is squeaky clean. major news anchors, editors, reporters and staff. heard anything of them or their families getting sued?? I think not.

The fact is there are many out there who will fight is challanged by the industry and the RIAA knows it. that's why they are careful who they target. It's all PR.

As far as those of us on this site, I can only speak for myself. I don't know what I'd do. my kids are all but grown. we've been through bankruptcy, raising a family on min wage and eating bread and broth for dinner cause we have no money. I could do it again, I have no worries of my survival but it would be a hard choice. would I??? dont know and I hope I would never find out

"Maybe Mr. Plank should move to France. They're good for giving up without a real fight."

I wonder how this illiterate conception of my native country came to become so prominent in the mind of the uneducated US citizen. This must be a group effect, like nice people who never left Alabama talking to each others and deciding what France is without having ever set foot out of their 200 people village where white guys don't talk to black folks.

"NiceGuy2003"... Weird name for someone who likes to make off-topic xenophobic comments. French people are cowards? Do you also think black people smell bad, jews have big nose, germans are nazis, africans eat banana and that there are too many small yellow chinese?

Bah, who cares, all those foreigners, they suck anyway. Everything is so great and everyone is so amazing in Coca-Cola land.

I wonder how this illiterate conception of my native country came to become so prominent in the mind of the uneducated US citizen.

I'm not defending that generalization but to answer that question......... the same way people in France think Americans are lazy war mongers. It works both ways

Hey Compmore. I don't support either point of view

thanks, neither do I but I certinly can see how it can be irritating to you being from France

It's not the courts who are letting the RIAA get away with it. It is us. Apparently the public interest organiztions are only interested in defending the P2P software companies and are unwilling to commit to fight for the little guy.

They base this on the fact that it is in the best interest of the "little guy" defendants. And that is absolutely true.

So, let us send a call out for volunteers. Islamic Jihadists are willing to die. Are none of us willing to take a few bad credit reports from experian, TRW and Equifax.

If anyone has stood up and decided to litigate the issues, then where are they and why are we not helping them?

I have few questions:

* What about the Subpoena Defense Fund? Why shouldn't Mr. Plank ask them for help?

* What about the administrative proceedings against the RIAA before IRS (that they abuse their 'non-profit' status with lobbying, which is prohibited for 'non-profits')? As I remember, George Ziemann told about it. How do the things look?

* What about the RICO lawsuit against RIAA? Is it on the way?

* What about the anti-trust proceedings against the RIAA? Have they been started?

* What about GIVING A WORD by the P2P networks, and asking millions of their users that they gave small sums of money for subpoena defense? Well, I asked Sharman Networks about it, but they haven't answered me yet. You know, if there are 60 millions of KaZaA users, and each of them gave 1 dollar, the attacked person would dispose of $60 million, which is a serious sum, even against the RIAA.

* Sure, a SINGLE, average 'John Doe' or "Jane Doe" may be helpless against the RIAA legal terrorism (why have we stopped calling RIAA the "terrorists"?) But 10000 of John Does, organised in some class action lawsuit wouldn't have to.

* Finally, I DO NOT criticise Mr. Plank. I criticise us, the anti-RIAA activists that we do too little against the Evil Ones.

* has anybody started thinking of LEGAL REVENGE now? If not, it's a high time. By "REVENGE" I mean the legal onslaught against the RIAA; after all, many of those college kids are the students of law, who, in few years, will become the practisising lawyers and they will be able to run their own cases against RIAA.

In Liberty,
Critto

one more question:
* what about P2PUnited? They, or some other organisation of P2P networks, have paid the $3000 for the unfortunate 12yrs old girl who was sued and forced to settle. Would they extend their action of helping the defendants, RIAA would STOP feeling so sure.

One passage of this article sounds as it was giving some hope:


"WASHINGTON (AP) - A woman in Milwaukee and her ex-boyfriend are under orders to pay thousands to the recording industry. A man in California refinanced his home to pay an $11,000 settlement. A year after it began, the industry's legal campaign against Internet music piracy is inching through the federal courts, producing some unexpected twists.

``I'm giving up and can't fight this,'' said Ross Plank, 36, of Playa Del Ray, Calif. He had professed his innocence but surrendered after lawyers found on his computer traces of hundreds of songs that had been deleted one day after he was sued.

Plank, recently married, refinanced his home for the money.

``Apparently, they would be able to garnish my earnings for the rest of my life,'' Plank said. ``For the amount I'm settling, this made sense. I didn't see any other way. They've got all the power in the world.''

The campaign has also produced worries, even from one federal judge, that wealthy record companies could trample some of the 3,935 people across the country who have been sued since the first such cases were filed in September 2003.

``I've never had a situation like this before, where there are powerful plaintiffs and powerful lawyers on one side and then a whole slew of ordinary folks on the other side,'' said U.S. District Judge Nancy Gertner at a hearing in Boston. Dozens of such lawsuits have been filed in her court.

On the West Coast, another judge rejected an injunction sought by record companies against one Internet user, saying it would violate her rights."

Well, MAYBE the judges will finally WAKE UP, and turn against the legal extortion perpetrated by the legal terrorists from RIAA, as they did in the case of medical marijuana and 'federal sentencing guidelines' (more info: http://cannabisnews.com)

Of course I meant THOSE passages:

"The campaign has also produced worries, even from one federal judge, that wealthy record companies could trample some of the 3,935 people across the country who have been sued since the first such cases were filed in September 2003.

``I've never had a situation like this before, where there are powerful plaintiffs and powerful lawyers on one side and then a whole slew of ordinary folks on the other side,'' said U.S. District Judge Nancy Gertner at a hearing in Boston. Dozens of such lawsuits have been filed in her court.

On the West Coast, another judge rejected an injunction sought by record companies against one Internet user, saying it would violate her rights."

"I wonder how this illiterate conception of my native country came to become so prominent in the mind of the uneducated US citizen."

They listen to conservative radio like Rush Limbaugh, Michael Savage and Sean Hannity and watch the Fox News channel on TV. W-B in particular quotes directly from the Michael Savage show in almost every post. You can find his web site at www.michaelsavage.com. I listen to his show sometimes for laughs. He is a real whacko!

"I hear a lot of tought talk from different people here. A lot of "I would never pay" and such. I am not questioning your word or anything. But you must understand most people's real life action when they are sued."

Then I will question their word. They are full of shit. When faced with paying a few grand to settle versus many thousands of dollars and then losing anyway the choice is clear. It doesn't matter if you are wealthy or not, no one with half a brain is going to waste their time and money on a losing battle.

The reason groups like the EFF haven't stepped up to support the targets of the lawsuits is because the EFF is smart. They aren't going to side with the lawbreakers in a losing battle. Instead, they work to change the system.

and I supose Michael Moore gives a more honest and accurate view of us Americans over in Europe.

again we don't know if certin elements of file sharing or the DMCA are legal or not until it's been tested in court. I'm not saying it is legal just that I'd like to remain impartial to what the law says until REAL judes decide. Morally there's nothing wrong with it.

I mean real judges

In the Netherlands (where i live) a foundation called "BREIN".

Its like a sistercompany from the riaa.

Said the would send messages to users on kazaa and any other filesharing networks.

I dont think the gov here wil give them so much power as the US gov ,but they are going forward here.


What the hell is going on whit these people,at one side they are complaining that people are getting fired due to filesharing,and at the other hand thet are suing people in to poverty,even when they
darn wel know that those people cant affort
to pay anything.

Why arent news networks paying any attention to this .?

And when they pass the induce act, they wil still continue suieng the PEOPLE ,

They are filling there pockets whit hard earnd money from the american public,anyway they can,and the gov is helping them to do so.

The rich get even richer,and the poor ,well they dont count,WAIT A MINUTE ,but somehowe they have forgotten that in Washington.

The biggest crooks are the riaa,clamimg the POOR are putting them out of bussines.

And in the mean time getting even richer of the back of those same people.










.

qwizardq you are right on. I hope you're right and the government of the Netherlands aren't as prone to rich corporate lobbyists making laws for the country like they do in the US. The problem with Americans is the same thing as our strength. we are a nation of law. we've been taught from childhood the obeying the law is good, disobeying the law is bad. Generally that is correct however the sort of blind obedience that many take to that is what turns us into sheep. Since so many in this country think file sharing is illegal, therefore those that file share are automaticly crooks, idiots, and stupid. This is a narrowminded, pompas attitude. These people overlook the corporate control of out government and laws and if they don't overlook it, they don't care. soon as it becomes law, reguardless how it became law or the legality of the lobbying techniques, the law is suddenly given the same status in their minds as the tablets coming down from Mt Sini are to Jews and Christains. This is the attitude toward law the public has and the corporations and government exploit. Even some of the most educated and talented people can't see past this.

i say we do it the good old fashioned way, lets all pitch in and buy some nice weapons and start executing RIAA lawyers and their families. It's working for the terrorists in Iraq, why wouldn't it work for us...hehe. btw might as well hit a few "innocent" CEO's as well!

is my threat from my isp and the fcc illegal

Thanks for the link mroop. This is utterly fascinating... Compmore, Michael Moore is actually doing some good for the US reputation in Europe. A little bit like the movie "Supersize" me shows that not americans are BigMac eaters

To go back on-topic...

Someone mentioned P2Punited. Does anybody know what's going on with p2pfund.com? If not, I'll try to contact them and make an article. They seem to be pretty stale (unfortunatly).

Sfolivier I have to disagree 100% extreamists on both sides scare the hell out of me. The RIAA is a right winged extreamist group as far as Moore, he's doing as much for the US reputation as the president of France is doing for the French, or Bin Laden is doing for the arabs.

"The reason groups like the EFF haven't stepped up to support the targets of the lawsuits is because the EFF is smart. They aren't going to side with the lawbreakers in a losing battle. Instead, they work to change the system."
I completely agree Mroop. File sharing, whether we think it should be or not, IS ILLEGAL. Just like the EFF, I don't think the best way to cause a change is to change the laws, not break them and get agry. We have lots of laws which some people think are BS, but you still can't break them just cause they are BS.
If you are using File sharing for completely legal things and not anything illegal, the RIAA won't hand you papers. I think that we need to shift our focas from "Lets fight the RIAA by beaking the law. To lets change these bullcrap laws."
And to those who asked what I would do if a terrist cell came into my house and took all my stuff. I respond that the goverment, no matter how screwed up sometimes, is not a terrist cell. These people getting sewed are breaking the law, I don't like the law, but that's why you are getting you stuff confiscated. Trust me, if somone snuck into my home and didn't have an honest warrent, they get the bat to the back of the head or a bulliet in the face.

How is filesharing and downloading music
a (crime) on the ladder of crime.?

Does it come under or above shoplifting ,or stealing a bike,whits happens a lot in amsterdam,the fine for that cost you about 500 bucks i think.

But downloading music ,costs so much more,and its not like iam doing any physical damage to anyone.

Who is setting these prices,and why is this (crime) any more harsh than other crimes.?

When a law is so wrong,and so disruptive to so many people,does it not lose its purpose,because a law exsists to protect the ALL THE PEOPLE ,and not only major media companies.

if someone is downloading music,and is beeing suid,just sent him or her to jail for a week,that wil have more effect,than letting people refinance there homes,and aplieng for welfare,hench more tax spending, the only one's who are winning here are the lawyers.

Filesharing and downloading.. for the HUNDRETH TIME .. in and of itself is not a crime!! Anytime spent reading this site would educate you to this! It is the downloading of RIAA CRACK-MUSIC that is the trouble..

Try listening to Tim Sanders Virtual House band on this Dmusic site.. and you will see why boycotting the RIAA is not only necessary, but satisfying.. support indie music, 'sall.

BOYCOTT. EDUCATE. REGISTER. VOTE.

Azzure and Jazzmary both have good points here. Jazzmary is correct in that there are ways to file share without breaking copyright law.

I would generally agree with Azzure, but I can think of some exceptions to the idea that "changing the laws should not be accomplished by breaking them". A few important historical examples of cases where breaking the law helped to changed the law are as follows:

(1) Prohibition - this was repealed mainly because so many people were ignoring the prohibition laws

(2) Underground railroad - this illegal smuggeling of slaves from the Southern US to the Northern US and Canada sewed the seeds for the eventual abolition of slavery

(3) Civil Rights Movement - all those "sit-ins" were illegal - but they got a lot of publicity and ultimately let to the downfall of many discriminatory statues.

Now, I do understand that there is a strong argument which says that if everybody breaks every law that they feel is wrong, then there won't be any laws left. Obviously, this is not a black and white issue.

Gee I wouldn't want Mroop to be my lawyer. He sounds like he'd give up without trying.

He obviously knows nothing about law, since it is always open to interpretation...

Since when is file sharing a CRIME? There are thousands of MP3 files that can be shared legally. Why? Because the COPYRIGHT HOLDERS AUTHORIZED ANYONE TO DO SO!!!!

Secondly, as I've said lots of times, downloading music files for personal use is EXEMPTED COPYRIGHT INFRINGEMENT. That means the copyright holder CANNOT bring legal action against you if the files were ONLY used for personal use.