RIAA Settlement Resources
So you received one of those dreaded letters from the RIAA threatening to take your first born child. You are likily a) a Riaa-Scapegoat: someone who has never downloaded a song in their life and has no idea who the RIAA even is or b) some who knows very well what they did wrong and is looking for an escape route.
Regardless of which you are (sorry, doesn't matter much) you do have some options.
The quicky and easy route - give up your first born and pay the ransom. Those who choose this route either assume they must have done something wrong and want to pay their fine, want to avoid the trouble, or made so much money selling pirated material that they can afford the RIAA's wager. RIAA has automated the process for settling lawsuits and you can easily send whatever amount of money you wish via their easy to use website. If you plan to choose this path, you may stop reading now. This material is for everyone else.
For everyone else;
Who is the RIAA
-- Short history lesson. The RIAA was established to protect the rights of musicians and music houses who put long hours in producing the music we all love so much. Given music has been around for hundreds of years and the RIAA only for a short while, why they have earned the right to serve as Music Czar is unknown, but it may simply be because they have donated $$ in campaign contributions and have hired lobbyist in DC who have performed admirably at their jobs.
Their Tactics:
How did they find out who you are?
Nice article on tactics.
Layperson's guide to the RIAA settlement process:
"1998 Digital Millennium Copyright Act that allows copyright holders to issue subpoenas to Internet Service Providers for the names of alleged offenders before filing a lawsuit. The DMCA subpoenas do not need the approval of a judge; instead, the law directs court clerks to issue the subpoenas."
A very thorough analysis of their sneaky litigation process can be read here. It is a heavy read, but if you want to fight your case, worth the time.
Notable Cases - This recently has been a moving target, with several recent cases that have been both set backs and steps forward in fighting the RIAA - below are just a few noteworthy cases.
Most recently, on October 4th, 2007 a "federal jury fined Jammie Thomas, 30, of Minnesota $220,000 in damages to the six record labels suing her for copyright violation. Thomas will pay $9,250 for each of the 24 songs the prosecution focused on for the case. The RIAA alleges she shared over 1,702 songs in all over the Kazaa peer-to-peer network." states the Register.
What this means to you?
The conservative leaning courts do in fact favor the RIAA, and when the evidence is there, there is proof now that the courts agree that the RIAA is losing money. Beware, the RIAA really do feel like they are the victims. In regards to their case, the lawyer stated: "This is what can happen if you don't settle," Gabriel said.
http://www.informationweek.com/news/showArticle.jhtml?articleID=200000076
Basically, a New Mexico judget ordered that the students in question on John Doe lawsuits must be notified before their names may be revealed to the RIAA. In order to sue students, the industry association names "John Does." Then, it subpoenas universities for information that will help identify the students who it claims have downloaded copyrighted music without paying for it. New Mexico Judge Lorenzo Garcia said the RIAA can continue pursuing its case against University of New Mexico students but it must figure out a way that respects their legal rights to limit discovery. That means the RIAA will have to work with the university to notify the students that have been sued before it can gather information about them.
What does it mean for you?
Not much if you have already received a letter, however it may slow down the RIAA in issuing new ones.
http://arstechnica.com/news.ars/post/20070607-p2p-defendant-settles-with-riaa-after-motion-for-sanctions-backfires.html
What does it mean to you?
The RIAA can win in court if they have enough evidence. Atlantic v. Heslep shows that if there is strong indication of direct infringement by the defendant, it's going to be hard to convince a judge otherwise.
http://arstechnica.com/news.ars/post/20061110-8193.html
What does it mean to you?
A judge may listen to you if you argue the settlement is excessive. This case hasn't resolved, but it is looking positive.
There is a fantastic index of litigation documents available here. These lawyers are great (I know I just didn't say that!), and have defended individuals who have been taken to court. It would be worth contacting them if you have received a letter and wish to fight it.
Settlement Precedents
If you decide to go to court you'll need to first hire a lawyer. Find one who is knowleable about the Digital Millenium Copyright law and with experience with civil lawsuits. There is an index by state of lawyers who have taken on RIAA settlement cases here.
There are many options you may take:
a) You may be able to argue that you were not the one downloading the music. This has proven to work in numorous cases where it is a simple case of mistaken identity. It is the RIAA's responsibility to prove you did it, so don't shy away from this option. In the case of Atlantic vs. Anderson this very thing was proven and won. http://arstechnica.com/news.ars/post/20070604-riaa-throws-in-the-towel-in-atlantic-v-andersen.html
b) In UMG v. Lindor the defendent has been allowed to argue the settlement is unconstitutional.
c) Argue that that making files available to share is not actual infringement.
d) A novel defense comes courtesy of Arista v. Greubel, filed in the US District Court for the Northern District of Texas. David Greubel argues that even if is found liable for copyright infringement, Arista and the other record labels are barred from recovering any damages because the of the Kazaa settlement.
e) Deny that you shared the files at all. In Atlantic v. Anderson, a disabled single mother won the claim that the plaintiff failed to provide "competent evidence to sufficient to satisfy summary judgement" to show that she engaged in copyright infringement.
f) Hire a forensic expert to prove that there is no evidence of file-sharing on your computer.
Your options?
There have been many respectable revolutions in America's history, and I think it is a sad state that the one we must fight today is against a corporation that has taken advantage of our musician's art. If you have chosen to fight your case, remember to fight hard, because your case might become the next precedent to finally break the will of the RIAA. Good luck.
About This Article
This site was compiled by a sympathetic soul who realized that the help for RIAA victims is dreadfully limited. Not even a support group has formed to counsel those who have received threats from the RIAA. This site is just one small step towards recovery for those who have stepped afoul of the powerful and war mongering RIAA that we all love so dearly.
Getting Initial Information
You can obtain many of the basic facts about the settlements by simply searching on the Internet for different documents. Here is a list of some helpful documents and websites to help get you started.
1. The Recording Industry of America
2. The Electronic Frontier Foundation. Make sure to check out their section on file sharing that includes a petition theyíve formed to stop file sharing lawsuits.
3. A copy of a Notification of Copyright Infringement.
4. RIAA vs. the People, a document written by the Electronic Frontier Foundation explaining John Doe settlements
