People of the United States

v.

MOTION PICTURE ASSOCIATION OF AMERICA,
DVD COPY CONTROL ASSOCIATION,
LICENSE MANAGEMENT INTERNATIONAL,
METRO-GOLDWYN-MAYER STUDIOS INC.,
COLUMBIA PICTURES INDUSTRIES, INC.,
DISNEY ENTERPRISES, INC.,
NEW LINE CINEMA CORPORATION,
PARAMOUNT PICTURES CORPORATION,
TIME WARNER ENTERTAINMENT COMPANY, L.P.,
TWENTIETH CENTURY FOX FILM CORPORATION,
UNIVERSAL CITY STUDIOS, INC.,
RECORDING INDUSTRY ASSOCIATION OF AMERICA,
ARISTA RECORDS, INC.,
ATLANTIC RECORDING CORPORATION,
ATLANTIC RHINO VENTURES INC. d/b/a RHINO ENTERTAINMENT COMPANY,
BAD BOY RECORDS,
CAPITOL RECORDS, INC.,
CAROLINE RECORDS INC,
ELEKTRA ENTERTAINMENT GROUP INC.,
THE FOREFRONT COMMUNICATIONS GROUP,
HOLLYWOOD RECORDS, INC.
,INTERSCOPE RECORDS,
LAFACE RECORDS,
LONDON-SIRE RECORDS INC.,
MOTOWN RECORD COMPANY, L.P.,
THE RCA RECORDS LABEL, a unit of BMG MUSIC d/b/a BMG ENTERTAINMENT,
SONY MUSIC ENTERTAINMENT INC.,
UNIVISION MUSIC LLC,
UMG RECORDINGS, INC.,
VIRGIN RECORDS AMERICA, INC.,
WALT DISNEY RECORDS,
WARNER BROS. RECORDS INC.,
WEA INTERNATIONAL INC.,
WEA LATINA INC,
ZOMBA RECORDING CORPORATION.,
THE HARRY FOX AGENCY INC.,
NATIONAL MUSIC PUBLISHERS ASSOCIATION,
JERRY LIEBER,
MIKE STOLLER,
BRUIN MUSIC CORP,
PEER INTERNATIONAL CORPORATION,
CREIGHTRON MUSIC CORPORATION,
FAMOUS MUSIC CORPORATION,
JOHN ASHCROFT, as Attorney General of the United States,
AND DOES 1-10,000 INCLUSIVE.


COMPLAINT FOR VIOLATION OF RIGHTS CONFERED BY AMENDMENTS I, IV, VI, VIII, and XI of the United States Constitution, and Violation of the Computer Fraud and Abuse Act, Misreprestation, and violation of "fair use".





We should ask the court to declare the following:

1) NO COPYRIGHT INFRINGEMENT: Declare that the operation and development of a Peer-to-Peer network does not contribute direct, contributory, or vicarious infringement of copyrights.

2) VIOLATION OF RIGHTS CONFERED BY THE FIRST AMENDMENT OF THE UNITED STATES CONSTITTUION. That the act of creating a directory of files, from an automated system (either from a central server, or sequentially or mulithome broadcasting) is covered under the first amendment of the United States Constitution.

Also, that the design of a technologial device is "speech", and under the first amendment and that it does not have to be designed to meet any third party copy protection specification.

3) VIOLATION OF RIGHTS CONFERED BY THE FOURTH AMENDMENT TO THE UNITED STATES CONSTITUTION. Ask to declare that a computer is located inside the "home", and that requires a "search warrant" to disable access to with a trial. Declare that a commercial company using "spy" tools from a remote location does not qualify as a "search warrant".

4) VIOLATION OF RIGHTS CONFERED BY THE SIXTH AMENDMENT TO THE UNITED STATES CONSTITUTION. Ask to declare that the DMCA ISP "takedown" and "cutoff" provisions of violate the "right to trial by an impartial jury", and "innocent until proven guilty".

5) VIOLATION OF RIGHTS CONFERED BY THE EIGHTH AMENDMENT TO THE UNITED STATES CONSTITUTION. Ask to declare that kicking users off the entire internet, banning technology because of "some infringing uses", when a technology has non-infringing uses is "cruel or unusual punishment", and that $150,000 per work infringed when the defendant in an indivual is "cruel or unusual".

6) VIOLATION OF RIGHTS CONFERED BY THE ELEVENTH AMENDMENT TO THE UNITED STATES CONSTITUTION. Declare that DMCA VIolations do not apply in foriegn countries, by foriegn citizens of countries outside the US.

7) VIOLATION OF THE COMPUTER FRAUD AND ABUSE ACT. Declare that hacking into ones machine from a remote computer, Denial of Service Attacks, and other countermeasures violate the computer fraud and abuse act, and ask for an injuction barring defendants from doing so.

8) VIOLATION OF FAIR USE. Ask to declare that a "fair use copy" can be in perfect, digital form, and does not have to degrade quality. Also, ask to declare that using a copying tool, even if it can copy so called protected data, is a "fair use', and declare Sec 1201 unenforceable.

9) MISAPPROPRIATION. Declare that "spoofing" file names constitutes misappropraition.

good luck on that one

Wow, is it THAT many? never seemed such a big mountain until you see the full list. Well, we've conquered BIGGER mountains...

I like this

Yeah go for it!!! Power to the people!

Send it to some high-profile lawyers. You never know - it just may work!

A high-profile lawyer wrote this.

The RIAA and MPAA probably don't even know that the constitution isn't a kind of hotel breakfast (continental).

P2P is wrong. It's piracy and that is stealing. No matter how much you want to deny it.

I am in the process of working on this lawsuit for filing in the US supreme court. Once enough people are represented the suit will be addressed.
It is time to realize that many industries have been sued over the same practices. Up until now the sheer volume of money spent by the RIAA to influence legislation has silenced our cries for our civil rights. There is indeed a very solid and real case against them. The problem is finding a judge or politican that hasn't been creased by their blood money!!!

...And jimsmyname is a corporate stooge
without an original thought.