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You Are So Sued!
Posted by DMemberJohn in on October 23, 2003 at 3:31 PM



Things are getting serious.

First, "Tech Live" was the first to publish the RIAA Hit List, the list of peer-to-peer application users being targeted by RIAA subpoenas.

Now we bring you the names of those facing actual lawsuits.

One note: The media, including "Tech Live," has been quick to name the Recording Industry Association of America as the source of the lawsuits. There's no doubt that the RIAA is behind the suits, but the plaintiffs named in these cases are the individual record companies, not the RIAA.

Their complaint: copyright infringement. Their target: people sharing protected music -- music said to be the property of the record companies.

"Tech Live" used the same means to obtain these names as we used to obtain the subpoenas for the original RIAA Hit List. All court files have been entered into the public record and are available through the US District Court's PACER online database.

As of Sept. 11, 261 cases have been filed in just nine of the more than 90 U.S. district courts scattered around the country. So far, all 261 suits have been filed in California, Colorado, Arizona, Illinois, Massachusetts, New York, and Texas. Not all files are yet available online through the PACER system.

Following is a list of those being sued by various record companies, and the district court in which the suit was filed. You'll find in parentheses the cities where those courts are located.

Check back often for regular updates, as more suits are likely to be filed.

http://www.techtv.com/news/culture/story/0,24195,3521792,00.html

Naming the Names

Arizona
Lori Elliott
Carol Wilbanks

California, Central District (Los Angeles)
Oscar Aroche
Jennie Banks
Debbie Barnes
Peter Bartlett
Amy Bertram
Terry Brumbull
Charles Bryant
Soledad Cardenas
Laura Chrisman
Stephen Craft
Carol Daniel
Lucy Delgadillo
Lisa Dickerson
Kelly Doyle
Yanuario Elias
Denise Evans
Darla Fleischman
Claude Gordon
Randall Grant
Terri Hensel
Rose Jones
Nader Keshmiri
Chris Larson
Ronna Leonard
Ron Lisberg
Lawrence Lopez
Heather McGough
Cheryl Moss
Jose Ochoa
Elizabeth Ojeda
Erik Orxxgotmanis
Amy Perle
Jesus Piol
Ross Plank
Joe Randie
Alyson Symons
Eddie Tourgemon
Faailili Tupuola
Keith Ward

California, Northern District (San Francisco)
Vonnie Bassett
Peter Beach
Dreck Blue
John M. Buckley
Tom Burke
Nancy Davis
Charles DuMond
Maryam Fattahi
Marvin Hooker
Martha Lawson
Patrick Little
Raymond Maalouf
Lynne Murphy
Lynette Neuman
Heather Oakes
Garvin Raynal
Adelina Sousa
Sandra Tokunaga
Richard Warner
Raquelle Williams

Colorado District (Denver)
John Aldridge
Janet Bebell
Julianna Dahl
Marcy Donohue
Michael Edmisten
Dorina Evans
Yong Ferguson
Natasha Garcia
Joe Garriepy
Zoya Golovataya
Greg Grover
Michael Jackson
Susan Kincaid
Matt McChesney
Ken McLelland
Lon Rogers
Rachel Shuck
Bradford Wise
Mara Wohnlich
Susan Zapata

Illinois, Northern District (Chicago)
Melissa Barcenas
Nicholas Barmantje
Candice Black
Jeff Blankenship
Jonathan Boyd
Jack Caplan
Corlyn Chevalier
Gary Clarke Jr.
Devin Collins
Jarrod Dambro
Chuck DeAngelis
Maureen Dwyer
Heidi Edwards
T. Fakouhi
Miguel Flores
Elizabeth Freeman
Cecilia Gonzalez
Jennifer M. Hansen
Mark Hardman
Dan Heiting
Michael Holajn Sr.
Dana Johnsen
Forrestine Johnson
Seungyoung Jung
Jennifer Karalis
Rita Lapage
Mary Maden
Bridgett Maury
James Maxwell
James McCann
Linda McMillian
John Mederich
Demarkes Mosby
Jason Nessim
Richard Newman
Lorena Nieves
Salvador Orejel
Janet Peters
George Philippon
Ruth Rafter
Paul Rasmason
Monica Rath
Christopher Razniewski
Janett Renitiia
Anisha Sethi
Gerald Smith
Joan Tures
Steven Turley
Maria Villegas
Alan Zimmerman
[One defendant unnamed]

Massachusetts (Boston)
Noor Alaujan
Judith Sabatino
Maryann Brayden
Rhonda Cameron
Joyce Crowe
Michelle Avery
Kristin Ktsanes
Nancy Kinchla
Bernard Mullen
Jin Yang
Florcie Mathe
Martin Salant
Shawn Scott
Mary Manning
Jill Hibbard
Renee Hudec
Edward Kerrissey
Christopher McLaughlin
Katherine Monahan
Donna Wilbur
John McDermott
Michele Mulligan
Catherine Simmons
Daniel Richardson
John Leiendecker
Joseph Macinnis; P. Macinnis
Nancy Madden
Peter Delgardo
Colleen Fanguiaire
John Delehanty
Brian Cusack
Deborah Ann
Alphon Atkinson
Michael Raftery
Walid Smayha
Yevgeniya Shnayder
Enza Viola
Andrea M. O'Shaughnessy
Lisa Shatford
Huy Nguyen
Steve Di Flaminies

New York, Eastern District (Brooklyn)
Jessica Acevedo
Sal Ferringo
Everton Drakes
Carmine Di Stasio
Nardaliza Cruz
Theresa Carbone
Ed Braunstein
Brian Ballantine
Vincent Lepani
William Leith
Janice Lake
Harvey Jones
Wayne Johnson
Patricia Irving
P. Glynn
Elene Giglio
Marilyn Filingeri
Maria E. Suasti
Richard Salerno
Kevin Ryals
Susanna Rodriguez
John Musemeci
Susan Mendoza
Ivan Torres
Sean Toomey
Steve Taylor
Beverly Tanksley
Jan Szymanski

Texas, Northern District (Dallas/Fort Worth)
Brian Day
Lisa Dylla
Diane Garrett
Carlos Hernandez
Stefanie Jones
Cedric Lyons
Tammie Martin
Durwood Pickle
Vernon Poole
Frank D. Ricca
Craig Scott
James Sheehan
Dane Taylor
Shane Zelm

Texas, Eastern District (Beaumont)
Harold Barr
Patrick Bennett
Michael Garcia
John Harrod
Marcia Jones
Renato Prado
Mandie Willis


User Comments

Advancedcompmore
Date: October 23, 2003 @ 4:03 PM
With all of these suits, something will have to break if they get good lawyers. I hope EFF is involved
Advancedraoulduke1
Date: October 23, 2003 @ 4:06 PM
If everyone of these people were fought back the RIAA would lose, irregardless of the state of the present law.

Can you imagine if they all filed 12 b 6 motinos to dismiss. I can think of at least ten different, plausible theories to support such a motion. They would all have to be heard by different district court judges, then they could all be appealed. The federal judicary would not stand for it and they would let their displeasure with the RIAA be known.
Advancedraoulduke1
Date: October 23, 2003 @ 4:08 PM
Teff is involved but they will only take slam dunk victories. Thus, the difficult issues never get heard.
Advancedraoulduke1
Date: October 23, 2003 @ 4:08 PM
The eff is involved but they will only take slam dunk victories. Thus, the difficult issues never get heard.
Advancedraoulduke1
Date: October 23, 2003 @ 4:10 PM
The problem is the dichotomy between the interests of the individual and the group. We need a fund of at least a million dollars made available to everyone who wants to fight.

There has to be some philanthropists out there who want to see this fight happen. Maybe backdoor money from the telecoms.
Advancedcompmore
Date: October 23, 2003 @ 4:13 PM
raoulduke1 - I'm not a lawyer but if what you said is the case I hope they are considering that motion.
DMemberJ-Bone
Date: October 23, 2003 @ 4:15 PM
'Michael Jackson' in the Colorado District should fight it, he could make some good headlines just cause of the name ;) (Wink)
Advancedcarla60626
Date: October 23, 2003 @ 4:19 PM
What happened to the class action idea?
DMemberRON-JEREMY
Date: October 23, 2003 @ 4:20 PM
Glad to see my names not there...
RockgdZiemann
Date: October 23, 2003 @ 4:34 PM
Disappointed to see my name's not there.
Intermediatedirective
Date: October 23, 2003 @ 4:37 PM
This is just sad, that ppl have access to this list and that it is now public. May these ppl never buy cd's and forever boycott the riaa music
Americanafossil
Date: October 23, 2003 @ 4:43 PM
Hmmm... I hope some good defense attorney on the other side of these buries the RIAA in discovery paperwork -- I would think that the RIAA and the labels would want to be a little cautious who they sued... The information that could come out of discovery requests would be very very interesting, indeed...
RockgdZiemann
Date: October 23, 2003 @ 4:46 PM
They are all accused of being criminals by the record labels. It puts their name into the public record.

If I were a defense lawyer for one of these victims, I would subpoena every artist whose music was involved in the case. Ask them point-blank how each particular victim has harmed them. Not a blanket statement, but that particular human sitting in front of them, accused of a crime by the record label on the artist's behalf.
Advancedraoulduke1
Date: October 23, 2003 @ 4:49 PM
Comp - the problem is that there are no theys who want to fight. They are the only ones who can challenge the RIAA's actions.

All lawsuits are public. This is good. To be on that list is an honor.

The bad, is the letters without the lawsuits.
DMembernapstersghost
Date: October 23, 2003 @ 4:50 PM
Wave goodbye to all these people RIAA, you'll never see them buy a CD ever again.
DMemberRON-JEREMY
Date: October 23, 2003 @ 5:04 PM
"Disappointed to see my name's not there."

You are so cool..
DMemberiH8RIAA
Date: October 23, 2003 @ 5:12 PM
"As of Sept. 11, 261 cases have been filed in just nine of the more than 90 U.S. district courts scattered around the country. So far, all 261 suits have been filed in California, Colorado, Arizona, Illinois, Massachusetts, New York, and Texas. Not all files are yet available online through the PACER system."
Hrm... Sept 11? Are they trying to make a statement?
DMemberGhostPoet
Date: October 23, 2003 @ 5:13 PM
I think the RIAA is suing themselves into a grave. The more negative appearance they portray...the sooner we win this war.
We all have to do our part. I'm currently writing my very first movie script...it's sci-fi, but with heavy anti-corporate messages. So far nothing out there is like it in terms of original story and what not...so if anyone knows a good agent who can help me sell it let me know. I believe that one way we can really get the message out to people about coporoates like the ones involved with riaa and corporates in general which INFEST this county...is through media. A counter-constant bombartment of postive messages. Thats' what they are doing...bombarding people with pop stars, chemicals, telling you how to think and what to do...
DMemberdarkened03
Date: October 23, 2003 @ 5:28 PM
i hope all these law suits goto court. If a jury is present I do not believe the RIAA will have such a friendly welcome as they do with the bought off congressmen. I would be proud to serve as a jury member for one of these cases. "Not guilty because the law is invalid, you all can side with me or just turn in the hung jury paper work." Of course if i was a jury member i'd have a hard time not getting myself thrown in jail for contempt of court for laughing at all the lies the RIAA would spew and I would want to answer back to.
DMemberfrancechic
Date: October 23, 2003 @ 5:47 PM
the riaa cannot do this. since the 1st ammendment says that a person or ppl can state their opinion if it isnt offeding sumbody against their will. hey riaa, if u h8 tech live talkin shit bout u then DONT WATCH IT!!!!!!!
heh, they r 2 stupid 2 figure that out.
DMemberstdlibh
Date: October 23, 2003 @ 6:49 PM
raoulduke1 ,

That's what I've been saying all along... about the universal fund for people to fight the RIAA in court.

I have $20 ready to donate, and about 50 friends who would donate as well.

We need a trustworthy committe to set up a donation pot, to make this pot availible for EVERYONE who has been sued, and a system that we can verify that the persons who request funds for the lawsuits are indeed themselves..

For ID purposes, I'd suggest a signed generic statement that the person was sued, copy of photo-id for proof, and a copy of the RIAA subpoena/suit paperwork.

We'd then need a system to make sure that once that person has the money, that they do FIGHT instead of SETTLE with the RIAA. The RIAA would love to get their grubby little paws on the money we donate.

Donations to this fund would probably be tax-deductable as well.

Thoughts?
DMemberiostreamh
Date: October 23, 2003 @ 6:53 PM
We would need good PR campaign just to get the word out about this fund as well.

Long Live the Fighters!
Advancedraoulduke1
Date: October 23, 2003 @ 7:32 PM
stdlibh

We need to find larg donors. people who can conribute 6 figures or more. Small donors are good. The PIRGS are a good example. However, they take alot off the top in overhead.

It has to be large. so that many can fight. A couple fighting will just get squasehd while many fighting will frustrate them.

DMembernegatyve
Date: October 23, 2003 @ 7:54 PM
This is ridiculous. I mean, we all know that the RIAA has put these people's privacy into the public...But saying that you're against the RIAA exploiting some's privacy and then post up everyone's name who's facing lawsuits is rather hypocritical and counter-active isn't it?

The EFF's IP Address/Username Search Engine is set up the way it is for a reason, so people can't go getting anyone's information.

I'm absolutely disgusted that people sit here and complain about how the RIAA's invading peoples privacy, and you contribute to the same thing. Why? There is absolutely no point in posting the names of all those people, especially without their consent, and to go even further to post the district they're in so it may be possible to actually single out a person.

I believe this post should be taken down for OBVIOUS reasons, and I think we should email Tech TV and plead for them to stop contributing to the violations of privacy the RIAA has already commited.
DMembernegatyve
Date: October 23, 2003 @ 8:03 PM
And about the fund...
That's quite pointless. Anyone who wants to fight the RIAA would have the ability to go online and ask for donations like the dozens of people who have already settled have.

The fact is that no one wants to fight it because the potential loss of such a lawsuit would be much more than donations could handle, and would entail extremely severe lifelong catastrophic consequences.
DMember1800SCREWYOU
Date: October 23, 2003 @ 8:06 PM
You know, we should all contact our local newspaper and post these names, along with all the info from cites like this. Spilling the beans right onto Cary's shiny new shoes he bought with stolen money.
DMember1800SCREWYOU
Date: October 23, 2003 @ 8:07 PM
thats sites*.
DMembernegatyve
Date: October 23, 2003 @ 8:10 PM
YEA 1800....LET'S SIT HERE AND FIGHT THE RIAA BECAUSE THEY'RE UNCONSTITUTIONALLY VIOLATING PEOPLES PRIVACY BY POSTING THE PERSONAL INFORMATION OF THE PEOPLE VIOLATED...

not one of the brightest are you?
DMembernegatyve
Date: October 23, 2003 @ 8:13 PM
I'm surprised I'm the only one that sees this as completely ass backwards, hypocritical, and completely dispicable.

If you're going to hold the idea of personal privacy in such high esteem, then you should reflect your beliefs in your actions.

Why hasn't anyone else said anything about this at all? If my personal information was unconstitutionally collected and then posted on a bunch of websites that said they wanted to support my privacy, I'd be outraged!
DMemberFewInhibitions
Date: October 23, 2003 @ 8:21 PM
Ok folks, one last time on the privacy of the subpeonas - Court documents are PUBLIC INFORMATION unless ordered sealed by the judge.
DMemberjohnn225
Date: October 23, 2003 @ 9:35 PM
I'm glad that so many people didnt just settle, if we stand up to them, i think we can win and stop this from happening to so many more people. I wonder if those who settled can sue the RIAA if these cases get thrown out. And why the hell are these names public, let alone on national, perhaps internation tv?
RockgdZiemann
Date: October 23, 2003 @ 10:15 PM
These names are public because the RIAA filed charges against them.
RockgdZiemann
Date: October 23, 2003 @ 10:31 PM
And frankly, this list doesn't offer a lot of information, just enough to see that they are humans, not just numbers.

And we've already met a lot of these people.
Lynette Neuman -- is going to fight, she says.
I believe Durwood Pickle is the 71-year-old grandfather that we've heard about.

I mean, come on... There is certainly more than one Lori Elliot in the state of Arizona, more than one Wayne Johnson in Brooklyn. Even if MY name was on the list, there are two George Ziemanns in Tempe, AZ alone. No addresses. No real persoanlly identifiable information. Granted, there are a couple of apparently unique names there, but it's not like anyone in the press has gone snooping through their computer or anything.
Bluegrassleflaw
Date: October 23, 2003 @ 10:44 PM
I'm interested in pursuing a class action, if anyone who has settled wants a refund.
RockgdZiemann
Date: October 23, 2003 @ 10:54 PM
Distinct class. Identifiable damages.
DMemberzippythechip...
Date: October 23, 2003 @ 11:15 PM
leflaw, I'll see if I can generate any interest.
~zippy.
DMemberDarkhorseX
Date: October 23, 2003 @ 11:25 PM
Now it's discriminataion by State.


8 out of 50.
JazzJazzmary2U
Date: October 24, 2003 @ 12:19 AM
..and gd, how about demanding an actual accounting of 1. Times actually downloaded/uploaded, 2. How much of that percentage actually went to the artists, 3. Actual hard evidence of each song "found" 4. Testimony of the accountants that the song infringement is worth actually the outrageous sum based on mechanicals. Is that possible to prove in court?
JazzJazzmary2U
Date: October 24, 2003 @ 12:25 AM
The challenge here, folks, is to ramp up the boycott issue as well. It is hard to wean addicts off of the criminal-inducing Riaa-label crack-music.. But we gotta try. Hit 'em in the pocket-Boycott. Take the money and contribute to the defendants, but I gotta say, that I would support those who want to take it to court and fight.. Otherwise, you are, imho, just greasing the goons' palms with settlement money, which is really what they want.
DMemberzippythechip...
Date: October 24, 2003 @ 1:08 AM
No money to any RIAA affiliate, nohow. Not now, Not ever. Boycott the hell out of them all. Forever.
~zippy.
DMemberbluerhythmjo...
Date: October 24, 2003 @ 9:48 AM
Maybe leflaw can answer this definitively, but it seems to me that they would be inclined pick states where it's easiest to sue someone and win.
DMemberAnti-RIAA
Date: October 24, 2003 @ 10:13 AM
Durwood Pickle. That cracks me up. What mean parents. They might as well have named her Dill!

RIAA, you are slowly rotting away like the cancer that you are.
AdminCodeWarrior
Date: October 25, 2003 @ 10:34 PM
bluerhythm...their lawyers actually did give that advice, but like a lot of the advice their lawyers gave them, they tended to ignore it and went on their merry way doing what they wanted.
They had even identified the Judges most sympathetic to their case.
~Code
DMemberElectro-N
Date: November 14, 2003 @ 9:47 PM

Someone should challenge these lawsuits on the grounds that the information was gathered illegally.

It is a violation of the End User License Agreement of Kazaa's Terms of Use to use the service to monitor or otherwise gather information on another user.

By violating the EULA, the RIAA lost the license to use the software, and by continuing to use it, they committed a criminal offence, Unauthorized Access To A Stored Electronic Communication.

The case would have to be thrown out.
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