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Aussie RIAA tries to horn in on court case
Posted by AdvancedJon Newton in on October 1, 2003 at 11:38 PM



In a move of mind-boggling arrogance, the Australian Recording Industry Association's chief enforcer, Michael Speck, tried to directly influence a court case involving the sentencing of three men who pleaded guilty to Australia's first criminal internet piracy charges.

THE ARIA is Australia's RIAA equivalent and Speck runs the ARIA's Music Industry Piracy Investigations (MIPI) unit.

He's already on record as saying he'd be "filing evidence about its right [the MIPI] to appear in the case", stating, "We will be concerned that any penalty reflects the criminality."

"MIPI wanted to apply for costs because, counsel John Hennessy told the court, it spent 'hundreds of thousands of dollars' and conducted '80 per cent' of the investigations before handing the case over to the Australian Federal Police." says Louise Milligan in an October 2 The Australian story here.

This will come as no surprise to recording industry watchers who know the RIAA, MPAA and their various clones around the world have already successfully penetrated international police forces and other enforcement agencies and routinely use them as unpaid entertainment industry cops.

Now, "industry representatives believe the plea bargain they allege was struck between Peter Tran, 20, Tommy Le, 21, and Charles Ng, 20, and the Commonwealth Director of Public Prosecutions (DPP) means the trio will be given penalties too lenient for their crimes," says Milligan, continuing:

"In an unusual move, industry spokesman Michael Speck ... applied yesterday to the NSW [New South Wales] Local Court to be heard on behalf of the victims during sentencing submissions because he said the DPP's case was deficient.

"Magistrate John Andrews refused the application, saying it was 'totally inappropriate for an organisation such as MIPI to have a direct role' in sentencing procedure, and that there was no precedent to allow it.

Outside the court, "We came to court today because the case was watered down to nothing," Speck is quoted as saying.

"We see this as a sophisticated international massive agreement to rip off copyright -the DPP's version of it is a lowly street-level offence.

"These guys will be getting away with the biggest rip-off of copy in Australian history, and they will probably get away with a slap on the wrist."

Le, Tran and Ng ran a Napster-style site known as "DJ Ace" ofdering 390 CDs and more than 1800 tracks, says The Australian.

Counsel representing the DPP, Paul Roberts SC, said the "self-styled investigation agency" had "absolutely no standing" to appear before the court, added Milligan.

Le, Tran and Ng will be sentenced on November 10.


User Comments

Intermediatewet1
Date: October 1, 2003 @ 11:59 PM
Good for Australia, at least they have some common sense when it comes to the interferance of these pest organizations.

It is a shame they had any involvement at all in the case to start with. Copying a mp3 format is not the same as copying a full format music song. They are not the same and it is a question if copywrite infringement is even appliable. Being as no money is passing hands in p2p casts even more doubt on it.

The arrogance of the music industry knows no bounds when money and control is involved...
DMembersvengali
Date: October 2, 2003 @ 9:55 AM
ok they are posting but in the wrong dang forums....how do i get out of here? i was in the other section
DMembertasadar24
Date: October 2, 2003 @ 9:55 AM
Sweet! Its about time. If everyone were allowed to find out your name from the internet, what do you think would happen?
DMembertasadar24
Date: October 2, 2003 @ 9:59 AM
whoa, thats odd. The above post was to a different one(RIAA subpoenas...)
DMembersvengali
Date: October 2, 2003 @ 10:10 AM
test test
DMemberviperpa33s
Date: October 2, 2003 @ 10:12 AM
What this article doesn't show is that Neilson ratings just came out with there annual report on file trading. There report states that file trading was down 41% for the past 3 months due in part to the RIAA suing people.

So how could file trading go down 41% and cd sales go down 10.9% percent and still say that file trading was the cause?
DMemberAnti-RIAA
Date: October 2, 2003 @ 10:14 AM
I like how the RIAA says the p2p networks are invading privacy. That is hilarious. These a-holes are the biggest hippocrites in the world. Nobody needs you RIAA or your crappy "artists". LL, you were cool like 10 years ago. Nobody wants your crap anymore.
DMembertwlnki
Date: October 2, 2003 @ 2:22 PM
isn't it great to know that ANYONE can find out your name, phone number, and your address if they simply pretend to be a copyright owner?
DMemberscayf
Date: October 2, 2003 @ 4:54 PM
File-sharing is down? Not at my house...
Intermediatepurfus
Date: October 2, 2003 @ 10:55 PM
Wow, apparently they want to be judges as well. Like they think they can just butt into a courtroom and start presenting evidence. If they could do that than I want to next time they are in court. Shouldn't be long. I have just as much of an interest in their legal battles as well. I think anything the law would be willing to do to them is nothing more than a slap on the wrist. These people really suck.
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