Recently in RIAA Category

I have often, likely too often, gone off about how great a resource all of the Gnomoies are at Wyldryde.org in the various channels they host. One of them being the person behind this stunt. Before I saw that video this AM, I had already begun this draft. I decided to add this little intro because Chris Pirillo has been mentioned here before and, after viewing it, I just had to... too funny.---

Nonetheless, before Chris' production served as a drafting intermission, it had dawned on me that I have yet to mention one geek of lore here at Lumpy's Corner. Possibly, the worse "how could I ..." in Cyber-history. Actually, I have mentioned this individual here before but only in passing.

I have mentioned many a blogger, author, podcaster and tech gurus here. I mention a podcast almost every show over at Radiostatic.am.

So, a podcaster, an author, a blogger, a tech guru... hmm. He is all of that. Am I leaving anything out?

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?

The RIAA's "About Us" page reads as follows;

"The Recording Industry Association of America (RIAA) is
the trade group that represents the U.S.recording industry. Its mission is to foster a business and legal climate that supports and promotes our members' creative and financial vitality. Its members are the record companies that comprise the most vibrant national music industry in the world. RIAA members create, manufacture and/or distribute approximately 90% of all legitimate sound recordings produced and sold in the United States.

In support of this mission, the RIAA works to protect intellectual
property rights worldwide and the First Amendment rights of artists; conduct
consumer industry and technical research; and monitor and review - - state and
federal laws, regulations and policies. The RIAA also certifies Gold®,
Platinum®, Multi-Platinum&trade, and Diamond® sales awards, and recently launched
Los Premios De Oro y Platino&trade, a new award celebrating Latin music sales."¹

The statement just doesn't sit right with me. My intent here is to analyze it line by line. I believe that actions and logic speak louder than words. I intend to take a look the words, their actions and logically analyze them. This is my opinion. I do not intend to litter this work with numerous citations and facts. This is a human being expressing his right to free speech. His ability to remember things accurately and his ability to free think.