According to Recording Industry vs The People, a new RIAA case in Tampa, Florida has some interesting counterclaims by the consumer, including extortion, conspiracy, and deceptive trade practices.
In the case of UMG v. Del Cid, the defendant has filed the following five (5) counterclaims against the RIAA, under Florida, federal, and California law:1. Trespass
2. Computer Fraud and Abuse (18 USC 1030)
3. Deceptive and Unfair Trade Practices (Fla. Stat. 501.201)
4. Civil Extortion (CA Penal Code 519 & 523)
5. Civil Conspiracy involving (a) use of private investigators without license in violation of Fla. Stat. Chapter 493; (b) unauthorized access to a protected computer system, in interstate commerce, for the purpose of obtaining information in violation of 18 U.S.C.
1030 (a)(2)(C); (c) extortion in violation of Ca. Penal Code
519 and 523; and (d) knowingly collecting an unlawful consumer debt, and using abus[ive] means to do so, in violation of the Fair Debt Collection Practices Act, 15 U.S.C.
1692a et seq. and Fla. Stat.
559.72 et seq. ,
Accusing the RIAA of being shady debt collectors?! We love it! —MEGHANN MARCO
RIAA Accused of Extortion and Conspiracy in Tampa, Florida, case, UMG v. Del Cid [Recording Industry Vs. The People]
UPDATE: Some More Good Info From Ars Technica
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I love it!!!
In other news, clouds are white, sky is blue, and hell is hot. Of which, the discovery of hell was found out by the RIAA.
I doubt this will change anything. The RIAA will throw some money at politicians and it will disappear.
If this guy wins I don’t think the RIAA will be able to continue suing with their current tactics.
couldnt he turn this into a class action lawsuit and get more people from atleast florida in on it?
@Ray Wert Jr: What do you mean hell was discovered by the RIAA? It’s right past the room made out of solid gold, and across from the executive washroom.
Quick! Give Del Cid a Consumerist lifetime membership!
So, it begins. I’ve been waiting for this to happen. Finally, the end is coming.
*starts a slow clap*
In other news, this guy is looking at a possible three years for uploading a Fox TV Show.
http://www.hollywoodreporter.com/hr/content_display/busine…
It’s pretty convoluted, the guy downloaded an illegal torrent of an ep of 24, then uploaded it to a streaming TV site. Breaking the law, sure, but most rapists get 18 months to 3 years. Is uploading a file to veoh really worth 3 years in the klink?
You didn’t have to show a picture of Bobby right before his death.
@lincolnparadox: This is my problem. Sure, the guy is in the wrong. That deserves consequences. But illegally distributing an episode of a TV show they’re making millions off of regardless should not have the same punishment as physically harming someone and doing massive emotional damage.
This post has brought a tear to my eye.
@PlanetExpressdelivery: So you’re saying they built it on purpose. Makes sense, but it seems to me like they built it like the Thunder Dome. RIAA and Consumers enter, Consumers leave.
2 men enter, one man leaves!
2 men enter, one man leaves!
2 men enter, one man leaves!
2 men enter, one man leaves!
2 men enter, one man leaves!
W00t
@missbrooke06:
*Continues the slow clap!*
Union! Union! Union!
/I know, but what else do you say with a slow clap?
Just so we are all on the same page here, this means that the RIAA will actually have to answer for itself in open court as opposed to extorting money from college students. This will be a relatively new experience for them and their previous track record when they actually have to prosecute someone is none too good.
>
Well for Christ sake, it’s ABOUT TIME.
I think I just heard the RIAA taking a collective crap in their pants. They have no clue what to do inside a court room. They’ve spent the last couple years avoiding just this situation.
Just remember, I predicted this.
From what it looks like, Del Cid is a female…
I want to see Bronfman’s warez-downloading kid appear as a character witness.
It was only a matter of time.
The only reason they are going after people is because the internet makes it easy to spy on people and break into their homes (or PC in the home).
Back during the VCR and cassette tape issues they would have had to have someone actually trail someone and break into their home.
If some guy can be arrested for “breaking in” to a free and open wi-fi connection the RIAA should be held to the same standards of “breaking in”.
Gotta watch out with people in FL some of them have lots of money and free time down here…
About time…
@Chicago7: Further contributes to the claps
Willing to bet that the RIAA was unreachable for comments or refused to comment…