Username: Password: lost p/w?
home | help | subscribe | search | register
Music sharing lawsuits filed in Austin Texas
Posted by AdminCodeWarrior in on November 1, 2003 at 10:41 AM



Austin is said to be the live music capital of the world, full of struggling musicians, independent film makers, and yes, students attending the local universities.

But, even the lone star State is not immune from the RIAA's lawsuits. Today in the Austin American Statesman online, they talk about some of the kids being sued, and about their reactions.

A few quotes from the five sued in Austin are included in the article.

"Nicole Feller said she never got the word.

"She didn't hear that the recording industry in June was beginning to gather information about people who use computer networks such as KaZaA to download and upload music.

"And she didn't hear in September that an industry trade group sued 261 Internet music swappers nationwide for violating copyright laws.

"Now Feller, a 20-year-old student at Texas State University-San Marcos, has received the Recording Industry Association of America's message directly. She is one of five people who were sued by the RIAA Thursday in U.S. District Court in Austin. All were accused of violating federal copyright laws by using their computers and the Internet."

"Oh my God. What are we supposed to do?" Feller said when she learned of the lawsuit from a reporter on Friday. "I didn't think it was breaking the law."

"It seems harmless to me if you are only downloading the music," and not selling it, Feller said. "They just need to run my credit and realize that they're stupid; they're not going to get anything from me."

But Feller is not the only one.
"One defendant, Albritha Randel of Austin, who goes by the screen name "supadupa@KaZaA," made more than 2,000 files available to other users, according to documents filed with the lawsuits. It is unclear how many of those files are copyrighted.

"Randel could not be reached. Neither could another defendant, Pressy Olivares, 36."

And from another victim of the RIAA:
"Chris Schricker of Cedar Park, one of the defendants, said he couldn't respond because the letter came to his home while he was in Toronto for three weeks on business.

"Schricker, 30, said he travels often in his job as a training manager and downloads music to consolidate "good songs" on CDs he burns from his computer.

"It has helped me find CDs that I then have gone and bought. . . . It's not like I can't afford the CDs," he said. "

This sad tale is going to continue on and on and on if the RIAA's plan is allowed to play out. The RIAA told TechTV they plan to continue filing lawsuits until they "cover every jurisidiction" with lawsuits. To me, this is like he McCarthy Red scare. Persecution is enabled by the DMCA.

It seems ironic that in Austin, the live music capital of the world, swimming in music, in a town in which music is so much a part of life, that the Musical Men in Black would try to cause so much heartache, fear, and worry. In Texas, they say Remember the Alamo/ Remember Goliad.

Maybe the new fight cry should be :
"Remember Brianna LaHara, Remember Sarah Ward"

When will the madness stop?

~CodeWarrior


User Comments

Intermediatedirective
Date: November 1, 2003 @ 11:12 AM
Thanks Code,
what an article!
Intermediatepurfus
Date: November 1, 2003 @ 11:21 AM
"It is unclear how many of those files are copyrighted."


Minor detail.......
DMembermaddawg15
Date: November 1, 2003 @ 12:37 PM
c'mon riaa, act more responsible, you guys even actnoliged that its impossible to stop p2p, "The RIAA told TechTV they plan to continue filing lawsuits until they "cover every jurisidiction" with lawsuits", that will never ever happen, and i garuntee it, i hope the riaa files chapter 11 and they lose all their ceo's and everything falls down the drain and walla.
DMembernitedreamerxp
Date: November 1, 2003 @ 1:11 PM
Just today the arizona republic ran a story of the four people who are being sued by the RIAA. It mentions everything the RIAA wants people to know about what they are doing and nothing on the movement such as the boycott thats been happening since napster was sued into extinction and is just now picking up steam. * sigh* they have not pissed enought people off to make what the RIAA doing is so evil that they get busted for anti-trust business practice,and legalized extortion.
Advancedcompmore
Date: November 1, 2003 @ 1:15 PM
I wonder how many of them are going to take it all the way. one day they will sue someone who's not afraid of bankruptcy.
DMemberCantido
Date: November 1, 2003 @ 2:39 PM
Or someone whos not afraid of jail. BLAM BLAM BLAM!
DMemberHowski
Date: November 1, 2003 @ 3:54 PM
Thanks for the article..........SOMEDAY, this madness will end.......

.......be well........Mike
ElectronicRyanS
Date: November 1, 2003 @ 5:01 PM
You know, they'll keep going on sueing it's customers, even when they "cover every jurisdiction". They've got the money and the resources (bought out Politicians). The only way this will stop is when we stop downloading AND buying their music. All we can do is educate the general public.

Former RIAA-Music consumer,
Ryan
Advancedraoulduke1
Date: November 1, 2003 @ 6:48 PM
The problem is tha Bakruptcy may not be available to discharge a wilful infringement judgment. That's the problem. If bankruptcy were a solid viable option there would be several people who could step to the plate.
AdminCodeWarrior
Date: November 1, 2003 @ 7:19 PM
bankruptcy DOES NOT REMOVE a judgment in a copyright infringement case, plain and simple.
DMemberganludar
Date: November 1, 2003 @ 9:39 PM
I wonder if the people sued in Texas recieved the subpeona from the mail? If so that is illegal. An officer has to deliver the subpeona to you personally. You dont even have to answer the door if the sheriff shows up with it. Pretend your not home and leave out the back. You can run all you want and it is not illegal unless you finally meet the sherif personally. Then you better show up to court or they will make the judgement without you.

Also your house can not be taken and anything up to $30,000. Unless you have more than one car, they cant be taken. If your married you keep 2. No land up until 200 acres can be taken and even then u get to pick the best portion to keep. Tools of your trade can not be taken. Take all your money out of the bank and hide it in your house or bury it in the back yard if you have to go to court. About all they can do is hurt your credit unless your wealthy.

btw this is condensed portion of texas law. Laws differ from state to state
IntermediateW-B
Date: November 2, 2003 @ 12:03 AM
Just one question: Does anyone know if there is a correlation between all the jurisdictions where the RIAA has launched its vindictive litigiousness, and whether such jurisdictions have restrictive "gun-control" laws?
RockgdZiemann
Date: November 2, 2003 @ 12:27 AM
Well, they just got four people in Arizona and we're allowed to carry guns, as long as they're in plain view.
DMemberboycotter
Date: November 2, 2003 @ 3:40 AM
When the heck is someone going to sue them for doing that crap??? Carrying guns to arrest possilby children? Sick I'm gonna puke again!!!!!
RockBill43
Date: November 2, 2003 @ 7:23 AM
gandular? When did State laws begin to supercede Federal Statute? Not trying to start a flame... I've always been under the impression that Fed always took a front seat. The only exception to that would be with the Texas Homestead Act, which if I'm not mistaken was finally deflated by the IRS.

On to more pressing issues.

"It has helped me find CDs that I then have gone and bought. . . . It's not like I can't afford the CDs,"

Doesn't the RIAA realize that they're alienating the artists customers? GET A CLUE RIAA!
Intermediatesurfside6
Date: November 2, 2003 @ 10:05 AM
You know Rep Lamar Smith IS NOT supporting his constituents on this one. The RIAA sues individuals in Texas then takes that money to bolster reelection campaigns of those that will support them, sort of a tax on Texans, and I thought Texas had no state tax.

I am suprised all the computer geeks in Austin don't run Lamar Smith out of office. Supposedly he represents them. Lord knows the RIAA is targetting Texas.
DMemberscayf
Date: November 3, 2003 @ 12:01 AM
Gettin' awful close to home here...looks like they might be homing in on me. Good luck, Cary-sue, you weasel...
Alternativeoat
Date: November 3, 2003 @ 6:47 AM
So here I sit, 5:30 in the morning, reading about about this for the first time. I am one of those struggling musicians, who works with struggling filmakers and artist. I have been performing in Austin since I was a child. Austin Texas is a beautiful vital city(although increasingly diluted with urban sprawl) that may well be a model record industry town. Music generates a sizable chunk of the local economy and is a huge influence on the cultural identity of this city. Yet, musicians as a class are hands down the most underpaid class of workers. And now we get to watch the high profile thrashing of five people that have one thing in common, they love music, we're musicians, we appreciate these people, a lot!
not fully awake yet really wound up, back at the board later.
You must be logged in to post replies to news articles.
Log in or register with the form at the top of the page.

 

 

 

search

news tree


advertising



 

 
© DMusic LLC - Advertising | Employment | TOS | Subscribe