I found this article on how the RIAA litigates. Better put, I find it alarming and frightening. If you want a simple summary, they are taking fair and due process to the very edge. The edge of no longer being fair and due.
Here is what concerns me:
- As I have blogged about before, they are targeting the average individual. They are making no considerable effort to go after any entity that is illegally distributing recorded material. They are going after individuals who are downloading music.
- They are targeting masses. First they file papers against an ISP to attack John Doe's. They have little, if any, evidence of these individuals doing anything illegal. The individuals who are actually being sued are completely unaware that they are being sued.
- The RIAA, in fact, does not know who the individuals are. The IRAA will ask for an "ex-parte" ruling from the court. This means that the individual who are being sued are never informed, do not have any opportunity to interact with the court and, in short, are undefended.
- Once they have the judgment, they can get the names and address of the actual "John Doe's", drop the John Doe case and sue the now named individual.
That is about all the mentioned article covers. There is, however, more. Once they go after a named individual they intimidate them into a settlement.
What scares me and frightens me is that the United States court system is allowing these bully tactics to occur. So are out elected official. Legal downloads are skyrocketing and the RIAA continues to claim that these individuals are hurting the recording industry. The reality is that the recording industry is simply dieing.
They are bullies and nothing more. How long will they be tolerated?
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