By Jon Newton

Lorraine Sullivan, the New York student subpoenaed by the RIAA for file sharing, will testify at senator Norm Coleman's investigation into the RIAA nail 'em all campaign.

She learned she was expected to turn up in court from a reporter and it took the RIAA a further seven days before she heard from them officially, she told us in an exclusive telephone interview, saying she settled out of court for $2500.

"I had to because my mother isn't in the best of health and for me, going into litigation way over my head would have been too much for me to deal with," she says.

Before hearing from the RIAA, Sullivan set up a web site appealing for donations and, "to warn people about what could happen to them."

Now she's paid the RIAA, "I'd really like to thank everyone for their moral support and for sending me money towards paying off the RIAA," she says. "Thanks a lot. I received $600 in donations, I had $1500 put away in savings, and I borrowed $400 on my credit card for the rest."

She's leaving for Washington next Tuesday (September 30) to give evidence before Coleman's Senate Governmental Affairs' permanent subcommittee on investigations.

One of the key questions will be: Is the industry being reasonable in its application of the sweeping powers granted under the Digital Millennium Copyright Act and targeting of potential illegal file-sharers?

There's no doubt in Sullivan's mind.

"I want to go before congress because I still think the way the RIAA has gone about this whole procedure is just off and I hope my testimony will help to change it. I hope there'll be no one else in the position I was in - that it won't be as easy for the RIAA to go and get information and scare people, which is basically what they did to me.

"Like, on Sept 9 or 10, I think it was, I heard about the summons from a reporter and it wasn't until a week later than I actually got it.

"And it's huge - the entire catalog of songs, and then about 10 pages of what they're accusing me of.

"Then attached is a letter saying, and of course I'm paraphrasing, 'If you'd like to settle, call us'. To me it was either deal with this huge, daunting summons and worry about it for months, or 'Pay us and we'll go away'.

"I've done a lot of thinking on this and the most difficult thing is: although I'm not responsible for everything and although I didn't know I was sharing, I was, and there's no getting away from it."

She's referring to the fact that she'd installed new p2p software on her computer which then went automatically to a folder which stored downloads. "I didn't know it but this folder was also open to the world," she says on her web site. "It was turned off in the old software.

"But," she adds, "People like the grandfather? He had NOTHING to do with it. And the little girl? ......."

Sigh!!! I certinly can understand this poor young ladies situation. This is what the RIAA counts on. backing people into a no win situation and extorting (you for those RIAA moles reading this)EXTORTING money from poor young people as well as grandparents who are afraid of their futures. Can we blame them? not at all. it's a tough choice. I applaude Ms. Sullivan for going before congress. give'em hell.

At least people are starting to get what we have been saying for a long time.

Hail Mp3!!!

Like all preditors the RIAA will go after the weak, the old and young are especially easy. They are using tactics the maffia and terrorists have coveted for centuries. Remember that this young lady's $2500 and the 12 year olds $2000 are probably being used to pay for hookers for these law firms Christmas party. Try and hold yourself back the next time you want to purchase a CD that is RIAA affiliated. Liken it to not supporting the terrorism of your children.

BASTERDS

Ropeadope, yep, you're right.

Carey Sue said no one is imune (paraphrase) the law must apply evenly to everyone. if that's the case you coward, lets see you go after a congresspersons kid or a senators. and don't tell me none of them would do it either.

the riaa still owe me 12 dollars

At what point did it become criminal to possess data files? If the criminalization went into effect in June, then grandfather laws should prevail. I certainly don't see how possession of binary files, that cannot be used for anything in their natural state, can constitute criminal behavior. I fail to see the VALUE of mp3s equalling $2.5K... no matter how many you possess.

However, rule one of p2p is sharing. While I find the RIAA's claims worthless, by her own admission she was a leech... which is definitly not good for the p2p community. Should she have paid $2.5K for leeching..? No, because she unwittingly was forced to share. I'll buy her claims of ignorance, and forgive her for leeching off the community, now if the RIAA would give her back her money we'll call it even.

Extortion is the first thing I thought of too.

"Then attached is a letter saying, and of course I'm paraphrasing, 'If you'd like to settle, call us'. To me it was either deal with this huge, daunting summons and worry about it for months, or 'Pay us and we'll go away'.

How is this supposed to make people feel? It's a deliberate and blatant threat.

Anybody think that Ben Affleck will get sued for his file sharing?

And on another level, cases like this further embolden the RIAA parasites to even more brazenly go after everyone like sharks being drawn like magnets to human blood in the water. I can also imagine them, down the road, demanding other types of sacrifices like what one used to hear about the Aztecs (i.e. the ol' "sacrificing one's first-born to the gods" -- or, in the case of the RIAA, god$$$).

You're dead on, goofycaca. It's a form of extortion, and not subtle, either. But we're talking about the RIAA, of course, and as we all know well, Cary-Sue (and Laughing Jack over at the MPAA, of course) can pretty well do what they want.

Hello all Im new here so I will post about how I feel about this.


Well Im getting sick of the RIAA, Im not only fighting for Mp3 freedom on the web but the future of P2P. I agree with compore, the RIAA are praying on the weak and poor. I hope these rich fools get whats comming to them, I can't wait for that day.

I propose a bill that makes it illegal for an orginisation to sue anyone as an organization. And each company can only sue up to a total of 10 people a year. If this law is violated, the organisation mut be destried and 100,000,000 USD will be taken from them as convience fees.


That would put the riaa's monopoly in a death march to the darkest regions of the universe.

Damn right.

Lorraine was the victim of a mob hit.

What is this from Gov Gray Davis ?

http://www.timesdaily.com/apps/pbcs.dll/article?AID=/20030925/APF/309251136

I wonder if they are going to pay Michael Jackson his royalties from this money so He will drop his lawsuit against universal

What ever happened to being served by a law enforcement agent. Last time I checked that was a stipulation to taking someone to court. In fact, if the person is never served they have no obligation to appear in court. Hence the use of a law enforcement official needing to serve a person a summons in person. Mail is not acceptable, not even certified mail. How can they posibly have any case if the defendent is never served.

Read Otech1's article. Good lord putting an RIAA representitive on a state review board governing technology. You might as well ask Bill Gates to oversee federal regulations on software distribution or Osama Bin Laden to have an imput on the department of homeland security.

The RIAA Terror group would not get a compromise from me. I can assure you. It will cost them more aggrivation, time and money when I am done with them.

and not one artist will see a dime of that $2500...

Wow, an official being kicked out of office is able to sign in one last bill. That makes a whole lot of sense. I hope whoever replaces him repeals anything he does. No wonder people don't like him. Apparently the people of california knew he was an ass.

"Thousands of people in the recording industry have lost their jobs,"
Thats what happens when an industry becomes obsolete. I don't see anyone crying for the car assembly plants, or how about all of the shoe factories in my community that have been shut down and moved over seas. No one blinked when drive throughs become obsolete. Now we are supposed to shed a tear for cd makers.

"artists are having trouble being signed ..."
What else is new? I've seen more artist happy that they are getting plublicity through P2P without having to pay millions for it.

"retailers are going out of business," Sherman said."
Again correlation is not causation and perhaps their lack of business has to do with the big stick the RIAA is shoving up consumer's a$$e$, that certainly wont increase sales. Or perhaps it is attributed to the increase in online sales... Before when I wanted to buy a cd or a dvd I would look online and see how cheap I could get it. I certainly didn't get giddy at the thought of going to my local retailer and paying full price for everything. Not to mention the sqweaze the RIAA has put on these stores to keep their prices low while increase the wholesale cost. In fact I've seen owners of retail outlets state that they hate their suppliers for the crap they are doing and it is putting them out of business.

What a crock, someone should shoot that guy with a reasoning ray. It would probably make his head explode.

I would put myself in debt for the rest of my life just to take those basterds to court. They'de have to take me all the way to the supreme court. Although they would probably get me on the charges of aggrevated assault after I got up punched the #$%&#$%

See *Gray Davis goes to Hollywood* on the main menu for the Gray Davis story - Cheers!

purfus

You made a good point on being properly served the supeona. I think it's a sheriff's deputy that serves them in person to you. I don't know if it's different with this being a civil case instead of a criminal case. any of you lawyer types know for sure ??

So where are the p2p's who offered to pay Brianna Lahara's settlement now? I guess they only care about their users getting sued when they can get some free publicity out of it.

Sounds like blackmail to me... I would let them sue my balls off, represent myself in court then after they fine me for $5,000,000,000,000,000,000 declare bankruptcy and tell them to suck it... if they garnish my wages i'll move out of this "Country", if you want to call it that...

francechic sez:
"the riaa still owe me 12 dollars"

They owe me, too. I filled out the bogus form, what, last August? When they got nailed for price-fixing or whatever it was...and was supposed to mail out reimbursment to everyone who had bought CDs within the past few years or so. But I reckon too many people filled out the same form, and we got screwed. Typical.

Carey-f*cking-Sue...I want my money, you spineless bastard. Come pick on me. I dare you. Pansy!

They all want money, But for what? They dont even know!

Check out This RIAA fourm, great chatting : http://slide064.phpwebhosting.com/phpBB2/viewforum.php?f=4

wondering, can you really declare bankruptcy on this if you were sued?

I remember reading not too long ago that the overpriced CD settlement payouts were being held up for some reason. The monies would come but not anytime soon.

Guess they found a legal way to stall payments while all that money earns interest in some bank account.

nat6554-

I've read on other forums that people have declared bankruptcy in order to avoid litigation/summary judgements with DirectTV.

If you live in Florida, your house is judgment-proof. Check out the judgment laws in your own state. I bet the RIAA is intentionally crafting its blunderbuss campaign so as to only sue people who lack the resources to defend themselves, and in states where it is easy to enforce judgments for such suits. The solution is simple - get more foreigners to download and share!

let me start off bye saying i'm not at all a resonable man when i know i'm right and some one els is wrong i will take it to the street and in that light i will say i have shared a few files in my days on my grand mothers computer these self lothing mother fu@ckers want after my grand mother for sharing files on her internet saying she whas a thief and branding her a pirete or what ever thay are saying about file sharers i don't care i would TAKE THEM OUT!!!!! i don't mean this as a threat i mean this as a promiss i'm so pissed off to night it's unreal i will not shar riaa music becose i stoped lissoning to it long ago but if i wear still lissoning to it and shared it and thay sued my grand mother who i use to live with there would be no talk me vs cray one on one or gun in hand or baseball bat or fist kuckled up i would beat him sence less i feel the ut most pitty for this poor gilr and the 12 year old and any of the 256 more folks who got cought up in this war i will stand by my side no more i will rise up like my parents did so long ago i will fight and i will suffer no longer lets start protestes lets start a move toworeds DC lets march on are capatel lets be the pepole for the pepole bye the pepole no longer will bushs,riaa,mpaa,FCC,and any one els that threntens are rights
as united states i whas born free and i will die free free as i will be free to protest any one and evey one who who lables me the best buyer of music a pirete when i jusr enjoy music i rambleing now i'm just so pissed i will not stand for this any more i watch ALI last night and he went threw every thing we are going threw he did not want to fight poor vitamise and would not let his self he inducted into the army becose of that he foguth all the way up to the highest court in the land and won we can do the same as him WE CAN ALSO BE FREEE!!!!!!!!!!!!!!!!!!!!!

I think that Lorraine should press criminal charges against the RIAA for extortion (a federal offense - that should shut them down).

Also, based upon their tactics as of late, they should be listed as a "terrorist organization".

like to see ya get riia listed as a terrorist org. with ashcroft in there

I'm sure the RIAA's cadre of lawyers checks the zip codes of their extortion victims before the letters go out. They likely don't bother to send out letters into zip codes where the wealthy reside, since the wealthy can afford to hire lawyers and countersue.

If the RIAA is willing to sue a poor college student or a little girl living in government housing, then they should be charged with extortion & branded domestic terrorists like ELF (those nutsachs who torched those SUVs in CA)

On the other hand, JohnCarlton02, maybe the RIAA will start targeting the wealthy.

After all, the copyright laws (DMCA, in this case) allow for up to 150,000 per song shared. Imagine how much money they could get from a wealthy businessman (or businesswoman, for that matter) if his/her kid was sharing 1,000 files! In this case, why should the RIAA settle for a few thousand dollars when they could hit the jackpot by refusing to settle with the rich?

Is there any way that I can send her a little money to help? Without going through Paypal?

demon--3012
I do not believe it is any different for a civil case. My parents recently had some trouble with a local devient ripping them off. He did not steal he simply coerced them into trusting him and then broke contract. This was a civil case, actually it was a tort. Anyway, before my parents could recieve a judicial review the local sherif had to serve the defendent. Unfortunatly the person disappeared and because our local PD is about as good as Barney from the simpsons they never found him. After a year went by the statute of limitations set in and the charges had to be dropped. Anyway the point is we had no case until the person was served. Just as the RIAA does not. Now I'm not exactly sure what type of proceedures the RIAA used on Ms. Sullivan, perhaps they did follow propure proceedure under the provisions of the DMCA. However, as I see it Ms. Sullivan is not a public person. Therefore to say anything that puts Ms. Sullivan in a false light or anything negative is slander against Ms. Sullivan. Both written and spoken. Ms. Sullivan should sue their pants off. However, because she has settled with them, that may count as an admission of guilt and when dealing with slander truth is absolute. So by admitting to the violation and settling with the RIAA she may have given up her ability to sue the RIAA for slander.

RIAA equals bully

Simple as that.

We should still donate to Lorraine, she goes to the school 3 blocks from me. I forgot her website.

Remember, folks, it's all one big vicious circle...Everytime you admit guilt, answer subpoenas, and settle with 2 or 2.5 G's...you are feeding the enemy! RIAA now turns that money over to more lawyers, who in turn sue even more people! People must rebel, and stop being sheeple, or this cycle continues until 60 million people are bled dry, and RIAA and its legal team are swimming in $$$$$...

And, if Lorraine's credit card company (especially MBNA) ever finds out that she cash advanced her card to pay off the RIAA, they will either reduce or eliminate her credit line, or increase her interest rate, or both...

MBNA did do this to those who used ATMs in brothels and those who use ATMs in casinos are subject to the same sanctions...just be warned!

It's RIAA Limbo!
"How low can you go, Cary Sue?"

Because this is now officially lower than human.

I don't know if it's different with this being a civil case instead of a criminal case. any of you lawyer types know for sure ?

I'm not a lawyer but its not differnt in civil or criminal actually most criminal cases the person isn't supeonaed but more than likely arrested.

Its not differnt than if you default on a loan or credit card payment they have to use the police to issue the supoena so it's legal. If you get a letter all you'd have to do is claim you never recieved one and its your word against theres, THATS why they hand deliver them.

You know, I'm troubled...does the RIAA remind you more of two guys beating the shit out of a little old lady?

Oh, who am I kidding..they would beat the shit out of an old lady then goosestep away back to their mansions.

Damned the RIAA!!!!