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Record industry tactics cited in suit

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  • pdqblues
    http://www.signonsandiego.com/uniontrib/20070705/news_1n5record.html Record industry tactics cited in suit Threats are alleged in music piracy case By Ashbel
    Message 1 of 8 , Jul 6, 2007
      http://www.signonsandiego.com/uniontrib/20070705/news_1n5record.html

      Record industry tactics cited in suit

      Threats are alleged in music piracy case

      By Ashbel S. Green cq
      NEWHOUSE NEWS SERVICE

      July 5, 2007

      BEAVERTON, Ore. - A disabled single mother has filed a federal lawsuit
      against the Recording Industry Association of America, claiming she's
      the victim of abusive legal tactics, threats and illegal spying as
      part of an overzealous campaign to crack down on music pirating.

      The recording industry sued Tanya J. Andersen, 44, in 2005, accusing
      her of violating copyright laws by illegally downloading music onto
      her computer. Andersen claims in a suit she filed last month in U.S.
      District Court in Oregon that the recording association refused to
      drop its case after the industry's expert supported her claims of
      innocence.

      Instead, industry officials threatened to interrogate Andersen's
      10-year-old daughter, Kylee, if Andersen didn't pay thousands of
      dollars. The intimidation included attempts to contact Kylee directly.
      A woman claiming to be Kylee's grandmother called the girl's former
      elementary school inquiring about her attendance, according to
      Andersen's suit.

      The recording industry dropped its lawsuit June 1.

      Jonathan Lamy, a spokesman for the recording industry association,
      declined to comment on the specifics of Andersen's case.

      But Lamy defended the recording industry's strategy to combat illegal
      file-sharing, which he said has stolen billions in revenues over the
      past few years. After taking on the Internet businesses that made it
      easy to copy music for free and mounting an education campaign, the
      industry continued to lose money, Lamy said.

      "Despite all these efforts, there was still not a sense of risk by the
      individual person downloading music online," he said.

      So the industry started taking legal action against individual
      computer users it accuses of illegally downloading music - 21,000
      people since 2003.

      Tanya Andersen was one of those people.

      She said she received a letter in 2005 from a Los Angeles law firm
      accusing her of illegally downloading music. As directed, she called
      the Settlement Support Center, which Andersen's suit called the
      "debt-collection arm" of the recording industry's campaign.

      Andersen said she had never illegally downloaded music but was told
      she had to pay $4,000 to $5,000 or she would be ruined financially.

      An employee said he believed she was innocent, according to the suit.

      "He explained, however, that defendants would not quit their attempts
      to force payment from her because to do so would encourage other
      people to defend themselves," Andersen's suit says.

      Andersen offered to have her computer inspected. Instead, the
      recording industry sued her.

      The record industry claimed that she used a certain Internet name to
      illegally download music at 4:20 a.m. on May 20, 2004. Andersen
      searched the Internet for the name and easily learned that it belonged
      to a young man in Everett, Wash., who admitted on his MySpace account
      that he illegally downloaded music.

      Andersen provided the information to the record industry, but
      officials responded by publicly accusing her of downloading a series
      of violent, profane, obscene and misogynistic songs. Andersen was an
      avid user of mail order CD clubs, so "defendants knew that Ms.
      Andersen listens to only country music and soft rock," the suit says.

      The recording industry's expert confirmed that Andersen's computer had
      not been used to download music, but association attorneys continued
      to demand she pay money before they would drop the case, the suit says.

      "

      Two years after filing the lawsuit, the recording industry agreed to
      drop the case only if Andersen dropped her countercharges. "They also
      emphasized that if she did not abandon her legal rights, they would
      continue to persecute her and her young daughter, and again demanded
      to interrogate and confront her little girl," the suit says.

      Andersen finally filed a motion forcing the recording industry to
      provide proof that she illegally downloaded music. Hours before the
      deadline to respond, the recording industry dropped its case.

      Andersen continues to seek to recover her legal costs from the
      recording companies that sued her, according to her Washington-based
      attorney, Lory R. Lybeck.

      (c) Copyright 2007 Union-Tribune Publishing Co. • A Copley Newspaper Site
    • Patrice Champarou
      http://www.signonsandiego.com/uniontrib/20070705/news_1n5record.html I do not wish to raise a red flag whenever I suppose a message is off-topic, but I think
      Message 2 of 8 , Jul 6, 2007
        http://www.signonsandiego.com/uniontrib/20070705/news_1n5record.html

        I do not wish to raise a red flag whenever I suppose a message is off-topic,
        but I think this one is. Whatever legal status is or will be applied to the
        practice of downloading from "peer-to-peer" networks (which seems to be the
        case here, unless it not said) is indeed an interesting subject; but unless
        I've missed something, it has little to do with the conditions under which
        webmasters will be allowed or tolerated to upload and store music files, and
        obviously make them available to their visitors. The conditions under which
        the family was prosecuted seems to be the main concern of this article, but
        whatever we think about it we are not here to attack the recording industry
        or the whole economical system which rules this world.

        Patrice
      • Patrice Champarou
        (which seems to be the ... ... *although* it is not said P. (just a bit tired;-)
        Message 3 of 8 , Jul 6, 2007
          (which seems to be the
          > case here, unless it not said)

          ... *although* it is not said

          P. (just a bit tired;-)
        • David Brown
          Any and all dissemination of the Gestapo tactics of the Multinational Capitalist Fascist Mafia is to be welcomed. The great artists to whom we listen were paid
          Message 4 of 8 , Jul 9, 2007
            Any and all dissemination of the Gestapo tactics of the Multinational
            Capitalist Fascist Mafia is to be welcomed.

            The great artists to whom we listen were paid a flat rate pittance for the
            treasures upon which these bloated leeches and parasites seek to further
            fatten themselves by extending their grip on copyright.

            This stolen treasure should belong to us all.

            Dave




            [Non-text portions of this message have been removed]
          • Midgie
            Hear! Hear! David.... Let the truth be known!!! Your feelings match my own!- Copyrights and Patents on anything and everything these days! Middle man rip
            Message 5 of 8 , Jul 9, 2007
              Hear! Hear! David....
              Let the truth be known!!!

              Your feelings match my own!-

              Copyrights and Patents on anything and everything these days!

              Middle man rip offs, from farmers to artists!!!!

              I will slink back to my silent corner now....

              Geneva

              On 7/9/07, David Brown <johnhaleysims@...> wrote:
              >
              > Any and all dissemination of the Gestapo tactics of the Multinational
              > Capitalist Fascist Mafia is to be welcomed.
              >
              > The great artists to whom we listen were paid a flat rate pittance for the
              > treasures upon which these bloated leeches and parasites seek to further
              > fatten themselves by extending their grip on copyright.
              >
              > This stolen treasure should belong to us all.
              >
              > Dave
              >
              >
              >
              >
              > [Non-text portions of this message have been removed]
              >
              >
              >
              >
              > Yahoo! Groups Links
              >
              >
              >
              >


              [Non-text portions of this message have been removed]
            • Dan Van Landingham
              RIght On. Midgie wrote: Hear! Hear! David.... Let the truth be known!!! Your feelings match my own!- Copyrights and Patents on
              Message 6 of 8 , Jul 10, 2007
                RIght On.

                Midgie <glasser0000@...> wrote: Hear! Hear! David....
                Let the truth be known!!!

                Your feelings match my own!-

                Copyrights and Patents on anything and everything these days!

                Middle man rip offs, from farmers to artists!!!!

                I will slink back to my silent corner now....

                Geneva

                On 7/9/07, David Brown <johnhaleysims@...> wrote:
                >
                > Any and all dissemination of the Gestapo tactics of the Multinational
                > Capitalist Fascist Mafia is to be welcomed.
                >
                > The great artists to whom we listen were paid a flat rate pittance for the
                > treasures upon which these bloated leeches and parasites seek to further
                > fatten themselves by extending their grip on copyright.
                >
                > This stolen treasure should belong to us all.
                >
                > Dave
                >
                >
                >
                >
                > [Non-text portions of this message have been removed]
                >
                >
                >
                >
                > Yahoo! Groups Links
                >
                >
                >
                >

                [Non-text portions of this message have been removed]






                ---------------------------------
                Now that's room service! Choose from over 150,000 hotels
                in 45,000 destinations on Yahoo! Travel to find your fit.

                [Non-text portions of this message have been removed]
              • Dan Van Landingham
                Could someone refresh me on the term mechanical royalties ?In George T. Simon s book The Big Bands he went into great detail regarding royalties where the
                Message 7 of 8 , Jul 11, 2007
                  Could someone refresh me on the term "mechanical royalties"?In George T. Simon's book "The Big Bands" he went into great detail regarding royalties where the infamous American Federation of Musicians strike against the record companies were concerned.I don't think it had to do with the burgeoning juke box business and the connection it had with organised crime beginning in the mid thirties.Many of the 78s I have in my collection came from a new defunct shop in Coos Bay,Oregon called "Sunset Music Company".The shop specialised in the sale and repair of juke boxes and pinball machines.Those records I bought were found by accident by the new owner of the company many were in mint condition although I did find a few that had some wear including a couple from a record date Ella Fitzgerald did with Benny Goodman in lat 1936 on Victor which was illegal from a legal standpoint because of Fitzgerald's employment by Chick Webb(contractually bound to Decca)she was automatically under
                  contract to Decca.That's the extent of my knowledge of recording contract laws.The sidemen were exempt and even stranger,the vocalists could not be members of the musician's union then.I hope RHJ remains "on the air" so to speak.

                  Dan Van Landingham <danvanlandingham@...> wrote: RIght On.

                  Midgie <glasser0000@...> wrote: Hear! Hear! David....
                  Let the truth be known!!!

                  Your feelings match my own!-

                  Copyrights and Patents on anything and everything these days!

                  Middle man rip offs, from farmers to artists!!!!

                  I will slink back to my silent corner now....

                  Geneva

                  On 7/9/07, David Brown <johnhaleysims@...> wrote:
                  >
                  > Any and all dissemination of the Gestapo tactics of the Multinational
                  > Capitalist Fascist Mafia is to be welcomed.
                  >
                  > The great artists to whom we listen were paid a flat rate pittance for the
                  > treasures upon which these bloated leeches and parasites seek to further
                  > fatten themselves by extending their grip on copyright.
                  >
                  > This stolen treasure should belong to us all.
                  >
                  > Dave
                  >
                  >
                  >
                  >
                  > [Non-text portions of this message have been removed]
                  >
                  >
                  >
                  >
                  > Yahoo! Groups Links
                  >
                  >
                  >
                  >

                  [Non-text portions of this message have been removed]

                  ---------------------------------
                  Now that's room service! Choose from over 150,000 hotels
                  in 45,000 destinations on Yahoo! Travel to find your fit.

                  [Non-text portions of this message have been removed]






                  ---------------------------------
                  Luggage? GPS? Comic books?
                  Check out fitting gifts for grads at Yahoo! Search.

                  [Non-text portions of this message have been removed]
                • tommersl
                  ... for the ... further ... I thought the following site will be interesting on the subject. http://www.savenetradio.org/ tommersl
                  Message 8 of 8 , Jul 15, 2007
                    --- In RedHotJazz@yahoogroups.com, Dan Van Landingham
                    <danvanlandingham@...> wrote:
                    >
                    > RIght On.
                    >
                    > Midgie <glasser0000@...> wrote: Hear! Hear! David....
                    > Let the truth be known!!!
                    >
                    > Your feelings match my own!-
                    >
                    > Copyrights and Patents on anything and everything these days!
                    >
                    > Middle man rip offs, from farmers to artists!!!!
                    >
                    > I will slink back to my silent corner now....
                    >
                    > Geneva
                    >
                    > On 7/9/07, David Brown <johnhaleysims@...> wrote:
                    > >
                    > > Any and all dissemination of the Gestapo tactics of the Multinational
                    > > Capitalist Fascist Mafia is to be welcomed.
                    > >
                    > > The great artists to whom we listen were paid a flat rate pittance
                    for the
                    > > treasures upon which these bloated leeches and parasites seek to
                    further
                    > > fatten themselves by extending their grip on copyright.
                    > >
                    > > This stolen treasure should belong to us all.
                    > >
                    > > Dave
                    > >
                    > >

                    I thought the following site will be interesting on the subject.
                    http://www.savenetradio.org/

                    tommersl
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