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Lawyers plan class-action to reclaim

arstechnica.com — Lawyers in this year's two highest-profile file-sharing cases have joined forces, and they plan to file a class-action lawsuit against the recording industry later this summer to claw back the "$100 million" that the RIAA "stole."

Who dugg this? Made popular Jun 10, 2009

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  • thejokell, on 06/10/2009, -6/+51***** the RIAA.
  • inactive, on 06/10/2009, -2/+35see how it works..

    RIAA wins = lawyers get money
    RIAA loses = lawyers get money.
  • thelastcivilian, on 06/10/2009, -0/+30Note to RIAA: Lawyers are the last people you want to piss off.
  • inactive, on 06/10/2009, -1/+26Well the RIAA and record companies have been committing fraud and theft for years.. now it's all coming back to bite them in ass.
  • specter13, on 06/10/2009, -1/+20Camara is my new hero, he is ruthless. Good to see somebody like that working for the people.
  • Midtowner, on 06/10/2009, -2/+17Either way, RIAA spends millions defending itself from a lawsuit which will further expose its quasi-criminal activities to the public through what I'm assuming will be a very painful and contentious period of pretrial discovery.
  • Travelsonic, on 06/10/2009, -2/+15You suck at trolling.
  • arctanb, on 06/10/2009, -1/+12Way to go Camara + Nesson - go make a killing :)
  • The_Wallbanger, on 06/10/2009, -11/+21Look, we understand that this article is front page material, and there's also a rush to be the first Digg user to submit the story, but please, before you finalize your post take a deep breath. Read your submission out loud. Let it sink in. Does it make sense? Edit. Press submit.
  • DirtyVicar, on 06/10/2009, -3/+12Wanna know how this is going to work out?

    Law firm: Will get awarded millions in court costs and fees.
    Consumers: Will receive vouchers for 50% discounts on CDs and iTunes selections.
    RIAA: Gets an increase in sales from use of those vouchers.
  • cr12345, on 06/10/2009, -2/+10If it's like most class-actions suits, it will be interesting to see how much the lawyer makes vs. how much each consumer makes.
  • stef0knee, on 06/10/2009, -0/+8Seems becoming a lawyer is a sound investment in the future...
  • dalittle, on 06/10/2009, -0/+8Surprised it has taken this long for a class action lawsuit against the RIAA. The RIAA has been ripe for the picking for a long time. Would not be surprised if more piled on.
  • greevar, on 06/10/2009, -2/+8Um, they are working pro bono.
  • ThornHarvestar, on 06/10/2009, -0/+5Microsoft offered refunds for people who paid for repairs before they extended the warranty for RRoD issues, I believe.

    And if you had RRoD during the original 1-year warranty (prior to the 3-yr extension for RRoD), they replaced it for free then too.

    I'm on my 4th Xbox 360 and as of 12/19/08 I am no longer covered by the 3 year RRoD warranty. So far this latest one though is holding up like a champ. I'm happy with the entertainment I've gotten out of the thing.
  • RealmDown, on 06/10/2009, -1/+5In this case, I believe they might succeed in granting your wish.
  • ConcernedCanuck, on 06/10/2009, -1/+5always
  • chadsmith729, on 06/10/2009, -0/+4Note to self: become a lawyer and doctor.
  • Llanowar, on 06/10/2009, -1/+4I really hope that they win, but I also really doubt it.
  • FXNGLAS, on 06/10/2009, -0/+3This Camara guy seems pretty damn good.
  • bury, on 06/11/2009, -0/+3They typically get you for uploading/sharing. They log the IP address that they download the file from and match the address to you. They know the file is copyrighted material by comparing the file hashes that most P2P clients generate. This hash is to make sure everyone is sharing the same version of the same file. It would be a different hash if it was a file of you singing Like a Virgin in the shower.

    I still say this doesn't adequately meet the burden of proof because IP addresses can be spoofed and there are other steps that can lead to wrong conclusions, but that's the gist AFAIK.
  • stef0knee, on 06/10/2009, -0/+3Best of luck!
  • krusade, on 06/10/2009, -0/+3How is a case of piracy proven in court? Let's say riaa's lawyers claim a certain Mr. X downloaded (or shared) a song. Suppose it's "like a virgin". Do they come up with torrent client screenshots? Do they produce a spreadsheet where Mr. X appears to having been making available a file called "like a virgin" over p2p? How does the judge know what's on that file? Could be a recording of the guy singing in the bathroom. And if they come up with an mp3 file that really is "like a virgin", how does the judge know it's the same file the riaa lawyers claim Mr. X was making available for download? How can you prove it's the same file?
  • DrunkRobot, on 06/10/2009, -1/+4Really hope they win.

    A bit off the subject but.... how is it that no one has filed a class action suit against Microsoft for the Xbox 360? They released a defective product (over-heating, system failures and errors, etc.), they had full knowledge the units were defective and failed at a 30% - 40% rate, and then they charged buyers $90 each for repairs! They've since extended the warranty for the two biggest problems but still, millions of people had already paid for repair and replacement units before they did. Somebody get on this!!!!
  • acknotSW, on 06/10/2009, -0/+3Interesting read, although I disagree with most of it.

    Copyright should prevent someone from profiting from anothers work without their consent. Eventually the courts and laws will have to acknowlege that a digital copy of something has no monetary value. It is insane to believe that in this day and age that you can put out anything that can be digitally reproduced and maintain control over what millions of people do with it.

    Yes, producing content will become less profitable, yes, some people will say ***** it and get another job, but true artists will step up and continue to do what they are driven to do, be creative.
  • PrestoVivace, on 06/10/2009, -1/+3The entertainment industry is handling this all wrong. This is how they should be handing it:
    http://technoflak.blogspot.com/2009/04/conflating- ...
  • mrBitch, on 06/11/2009, -0/+2I don't care if the lawyer makes billions off this, as long as the RIAA lose EVERYTHING, then I will be happy.
  • bhavinp, on 06/10/2009, -1/+3!!!!!!!!!!!!!
  • Testiculese, on 06/11/2009, -0/+2Who?
  • LilBambi, on 06/11/2009, -0/+2About daggone time.
  • abhiroop, on 06/10/2009, -1/+3Rules of evidence are so incredibly complex.

    Producing documents like that could even be considered hearsay evidence.

    Generally, in a legal argument you tend not to consider whether a piece of evidence is "spoofed" or not. That is something for the jury. If someone decides to perjure themselves there is NOTHING anyone can do about it unless it is obvious.
  • abhiroop, on 06/10/2009, -0/+2yes but that only means that the client does not pay them, it does not mean that they don't get to keep some of the winnings.

    It could mean that though, would depend on their agreeement.
  • MtheoryX, on 06/11/2009, -0/+2Good combo, especially when the inevitable nasty malpractice suit comes up.
  • rydawg61, on 06/10/2009, -0/+1Rock on!

    No puns were intended in the though process of this comment.
  • jonw, on 06/10/2009, -2/+3Excellent news... oh and "***** the RIAA".
  • derekmas10, on 06/10/2009, -0/+1Cause the Though process is what it's all about.
  • acknotSW, on 06/10/2009, -0/+1I came up with that same thought process and I'm pretty sure I wrote it down, you will be hearing from my lawyer.
  • Testiculese, on 06/11/2009, -0/+1Read "King of Torts"
  • Travelsonic, on 06/10/2009, -1/+2"Do they come up with torrent client screenshots? Do they produce a spreadsheet where Mr. X appears to having been making available a file called "like a virgin" over p2p? How does the judge know what's on that file?"

    Good questions,

    Screenshots and IP addresses can be spoofed/faked easily, something a competent judge would have to realize, IMO.
  • mrBitch, on 06/11/2009, -0/+1RE: " ... I'm on my 4th Xbox 360 and as of 12/19/08 I am no longer covered by the 3 year RRoD warranty. So far this latest one though is holding up like a champ. I'm happy with the entertainment I've gotten out of the thing."


    You might be happy with the entertainment, but the fact that you're on your 4th Xbox 360 does not make me want to go out and buy one...
  • Travelsonic, on 06/11/2009, -0/+1"They know the file is copyrighted material by comparing the file hashes that most P2P clients generate."

    And because everything that can be copyrighted is under U.S law perhaps?

    They can only bust you for sharing copyrighted files illegally, not copyrighted files in general.
  • Lleu, on 06/10/2009, -1/+1I went to submit this story and that was going to be its title.
  • mabsark, on 06/11/2009, -2/+2If there's one thing the world always needs, it's more lawyers...and nukes. If there's two things the world always needs, it's more lawyers and more nukes. More nukes and more lawyers, and religious nutjobs. Amonst the many things the world always needs is more lawyers, more nukes and religious nutjobs. I'll come in again shall I?
  • Khirzask, on 06/10/2009, -2/+2Get 'em, boys!
  • TheInformer, on 06/10/2009, -3/+2Users = WIN!

    RIAA = FAIL
  • wadick4, on 06/10/2009, -3/+2Go humanity, it's your birthday!
  • acknotSW, on 06/10/2009, -3/+1if there's one thing the world always needs, it's more lawyers.
  • inactive, on 06/10/2009, -14/+2I hope the RIAA/MPAA wins, I mean, hows Matthew McConaughey gonna do all those push-ups when he has to get a real job. C'mon now.

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