Tuesday, August 08, 2006

If the RIAA sues you and you settle, where does the money go?

Hmm, looks like any money you pay to the RIAA in a settlement doesn't go to pay the artists or record companies, it just goes straight into their pockets:
What happens to the $3750 (or the $750 per song) when you pay the RIAA? The artist you allegedly ripped off doesn't see a dime of compensation. The proceeds from the RIAA lawsuits are rolled back into the legal fund the RIAA uses to pay its legal costs. So, in essence, every person who settles for the $3750 only feeds the machine, so it can be unleashed on another person.
Ridiculous, especially since the RIAA has basically nothing to stand on:
In fact, to clear up a point of media confusion, often the defendants in these suits are incorrectly referred to as "downloaders". In actuality the RIAA has no ability to show, and has done no investigation to prove that anyone downloaded anything at all.
So sometimes, defendants opt for a "motion for summary judgment." This is similar to playing cards with your buddies and "calling" the other player's cards. Sometimes it works, but other times, depending on the judge, it doesn't.
The best advice if you are sued by the RIAA is to quickly retain a lawyer who has some experience dealing with RIAA cases. Having knowledgeable council early on won't stop the process from being difficult, but can give you a better chance of protecting your rights.
Read more at:
The RIAA vs. John Doe, a layperson's guide to filesharing lawsuits (via thedigitalmusicweblog.com)

*again, f*ck the RIAA.

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