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Old 08-02-2003, 02:29 AM   #1
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SBC vs. RIAA!! Woooohooooo

CLIFFs NOTES:

I know downloading music is illegal and that it is wrong but the fact the RIAA is going crazy sueing everyone made me wish a big company that actually has the money to fight back would SUE them and show them how it feels.

SBC is sueing RIAA!! HELL YEAH!!!!!!!!!!!!

Story:

Pacific Bell Internet Services jumped into the contentious music-downloading fray late Wednesday, filing a lawsuit against the recording industry and questioning the constitutionality of the industry's effort to track down online music sharers.

In a complaint filed with the U.S. District Court in San Francisco, Internet service provider PBIS, operated by San Antonio-based SBC, alleges that many of the subpoenas served against it by the Recording Industry Association of America were done so improperly.

The suit also called to question some sections of the Digital Millennium Copyright Act, the federal law the RIAA contends supports its latest legal actions. A spokesman for SBC said the RIAA's use of the DMCA in its legal quest for online song-sharers butts up against the privacy rights of SBC's customers.

"The action taken by SBC Internet Services is intended to protect the privacy of our customers," said SBC spokesman Larry Meyer. "Misapplication of DMCA subpoena power raises serious constitutional questions that need to be decided by the courts, not by private companies which operate without duty of due diligence or judicial oversight."

The suit also named two other companies, Mediasentry Inc. and IO Group Inc., as defendants. Mediasentry does business as MediaForce, a Georgia-based corporation which offers services to copyright holders to detect unauthorized uses of music, software and other content on the Internet.

IO Group does business as Titan Media, a San Francisco-based purveyor of ###########. Titan served a subpoena on SBC's San Antonio offices, but later withdrew it when PBIS said it would challenge it.

PBIS claims that more than 200 subpoenas seeking file-sharers' e-mail addresses were issued from the wrong court of jurisdiction. Moreover, PBIS said the recording industry's demand for information on multiple file-sharers cannot be grouped under one subpoena, and that the demands themselves are overly broad.

In the complaint, PBIS maintains it only acts as a "passive conduit" for the activity of its subscribers and "does not initiate or direct the transmission of those files and has no control over their content or destination."

The recording industry disagreed late Wednesday, in statement given to The Associated Press.

"We are disappointed that Pac Bell has chosen to fight this, unlike every other ISP which has complied with their obligations under the law. We had previously reached out to SBC to discuss this matter but had been rebuked," the statement read.

"This procedural gamesmanship will not ultimately change the underlying fact that when individuals engage in copyright infringement on the Internet, they are not anonymous and service providers must reveal who they are," the RIAA said.

San Francisco-based PBIS is seeking a declaration that the subpoenas are overly broad in scope and should have been issued from a California district court, not the District of Columbia. The complaint also seeks a jury trial.

The recording industry has won at least 871 federal subpoenas against computer users suspected of illegal sharing music files on the Internet. The RIAA is trying to compel some of the largest Internet providers, such as Verizon Communications Inc. and Comcast Cable Communications Inc., to identify names and mailing addresses for users on their networks.

The RIAA said it expects to file at several hundred lawsuits seeking financial damages within the next eight weeks.

Verizon has challenged the constitutionality of such copyright subpoenas. Arguments in the appeals court are set for Sept. 16.

SBC is the leading DSL Internet access provider in the U.S., with 2.8 million subscribers in 13 states.

The case is Pacific Bell Internet Services vs. RIAA, C033560.

http://www.sfgate.com/cgi-bin/article.cgi?f=/news/archive/2003/07/30/state2258EDT0268.DTL
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Old 08-02-2003, 02:31 AM   #2
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I love this part: "The complaint also seeks a jury trial. "

Good luck trying to find people to serve Jury dute that do not either download music/movies/software, or use SBC services...

****, even my GRANDPARENTS use KaZaA... My grandpa got all kinds of #### from like the 60s on his computer...

Or better yet, people who would actually support RIAA over SBC...
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Old 08-02-2003, 02:44 AM   #3
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their employees would likely support them, but they would be biased huh...
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Old 08-02-2003, 02:51 AM   #4
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I'm sure the employees from either party would NOT be allowed to serve on jury duty.

As for regular people... Try and find someone who'd be more on the RIAA side, then SBC..

Somebody is gonna get... OOOOOWNED
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Old 08-04-2003, 09:33 PM   #5
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RIAA needs to give it up.

Wasting all their money on lawsuits.......
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Old 08-04-2003, 09:37 PM   #6
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file-sharing will never die, the RIAA isnt gonna sue like half of the world.
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Old 08-04-2003, 09:51 PM   #7
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they can if they want. Then they will go bankrupt and all the file sharers win!!
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Old 08-04-2003, 09:52 PM   #8
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they are stupid to try
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Old 08-04-2003, 09:55 PM   #9
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They are winning the lawsuits they file. So. Sure, it'll cost them money to file, but when they bust the guy with 30,000 songs and sue him for $54 million, it all works out. 8) And -then- they'll charge $35 per cd just to rub it in.
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Old 08-04-2003, 09:57 PM   #10
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Quote:
Originally Posted by .:DarkEntity:.
I love this part: "The complaint also seeks a jury trial. "

Good luck trying to find people to serve Jury dute that do not either download music/movies/software, or use SBC services...

****, even my GRANDPARENTS use KaZaA... My grandpa got all kinds of #### from like the 60s on his computer...
Damn Alex are you from a family of Russian Maffia hahahhahaha : :
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Old 08-04-2003, 09:57 PM   #11
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how the hell is that guy gonna pay $54 mill, that sucks.
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Old 08-04-2003, 10:01 PM   #12
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I don't remember the -exact- number of songs he had, or how much they sued him for... But it was in the millions. I think the copyright is up to $200,000 per song or something crazy like that.
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Old 08-04-2003, 10:02 PM   #13
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oh, i thought the RIAA was jsut nailing everyone w/ $10k a song
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Old 08-04-2003, 10:04 PM   #14
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Could be. It just -allows- that much. They could sue for less if they wanted, I suppose. That's still a whole lot of money though.
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Old 08-04-2003, 10:05 PM   #15
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I know, that crazy, the RIAA is dumb, I wonder how many people in the RIAA download illegal music?
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Old 08-04-2003, 10:28 PM   #16
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Its retarded...

I dont give a ####. I still download. Theres so many other thigns they dont know about.
PSP is what they look for through those networks.

Just find a different way.

Hotline, IRC, anything really its easy.
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Old 08-05-2003, 02:27 AM   #17
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Quote:
Originally Posted by Danger Dude
Quote:
Originally Posted by .:DarkEntity:.
I love this part: "The complaint also seeks a jury trial. "

Good luck trying to find people to serve Jury dute that do not either download music/movies/software, or use SBC services...

****, even my GRANDPARENTS use KaZaA... My grandpa got all kinds of #### from like the 60s on his computer...
Damn Alex are you from a family of Russian Maffia hahahhahaha : :
w3rd... about to take over the family business...
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Old 08-05-2003, 12:47 PM   #18
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ahaha

*untracable*
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Old 08-05-2003, 03:36 PM   #19
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Quote:
Originally Posted by fast64
I know, that crazy, the RIAA is dumb, I wonder how many people in the RIAA download illegal music?
I bet the Prez of RIAA downloads from kazaa.......
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Old 08-05-2003, 05:38 PM   #20
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i'm downloading as i type
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Old 08-05-2003, 05:41 PM   #21
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I dont download because of a couple reasons. Work doesnt like it too much... and my sonnection at home is slow as a turtle walking upside down!! Otherwise, you KNOW I would be right back there
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Old 08-05-2003, 06:18 PM   #22
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I download.. dont give a ####, they are trying to scare people.
Just dont share. They really can only go after people who are uploading the files.
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