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RIAA Labels Demand Cash from Alleged BitTorrent Pirates

Although the major label members of the RIAA publicly ended their file-sharing settlement schemes in the United States, surprisingly they are continuing with a similar project elsewhere. Using the same IP address-based evidence, Universal, Sony, EMI and Warner are sending out controversial cash settlement demands in Germany where recipients have little alternative than to pay up.

During the last decade the RIAA embarked on an online anti-piracy action which would later go down as one of the most controversial ever seen.

After spending years on various educational campaigns, none of which worked, a new plan was put into motion. It involved monitoring P2P networks for infringements, unmasking the perpetrators, and then threatening to sue unless a large ‘fine’ or settlement was paid.

Although the RIAA stopped its settlement actions against US citizens some time ago, the fallout from the campaign is still felt today, with cases ongoing against Jammie Thomas and Joel Tenenbaum. However, while those Stateside are no longer targets for the RIAA’s so-called “sue-em-all” campaign, the same cannot be said of citizens in Europe.

In common with their counterparts in the gaming industry, the major labels – Universal, Sony, EMI and Warner – are all actively sending out cash settlement demands to alleged file-sharers.

For the past several years, 2011 included, the labels have been pursuing cash settlements from German Internet users for the alleged sharing of music from dozens of major stars artists. A small sample is shown below:

Universal

Amy Winehouse, Blink 182, Bon Jovi, Eminem, Florence And The Machine, Jamiroquai, Jennifer Lopez, Justin Bieber, Lady Gaga, Rihanna, Take That, The Black Eyed Peas, The Rolling Stones.

Settlement amount demanded: 1,200 euros

Sony

AC/DC, Alexandra Burke, Alica Keys, Avril Lavigne, Backstreet Boys, Beyonce, Britney Spears, Christina Aguilera, Foo Fighters, Kasabian, Kesha, Kings of Leon, Leona Lewis, Michael Jackson, Ozzy Osbourne, Pink, Pitbull, R. Kelly, Shakira, The Strokes.

Settlement amount demanded: Up to 950 euros

EMI

Bryan Ferry, Coldplay, David Guetta, Depeche Mode, Good Charlotte, Gorillaz, Katy Perry, Snoop Dogg, U2

Settlement amount demanded: Up to 1,200 euros

Warner

Of the four labels, Warner appears to be least active, particularly when chasing settlements on behalf of major acts. Warner’s activities appear to be limited to local artists of limited international appeal.

Settlement amount demanded: Up to 1,200 euros

Although these labels are playing a major part in the settlement business, they are not doing so in isolation. Dozens of other labels are acting in their own right including RoadRunner Records, Ministry of Sound and Pink Floyd Music.

As previously reported, getting payments from Internet users in Germany is trivial since the law there requires the accused to prove their innocence (rather than rightsholders prove guilt) and holds account holders responsible for the actions of others.

So, despite their recent protestations in response to findings from YouHaveDownloaded, the RIAA would be found liable had they been judged by German standards.

Although hundreds of thousands of people are currently being targeted for settlements in the United States for sharing adult titles, currently the major labels and movie studios there aren’t pursuing the strategy locally. That, however, could all change at the flick of a switch.

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  • Anonymous

    Justin Bieber.. hmm.. At least parents will know to what crap their kids are listening to :)

    All joking aside.. horrible. horrible.

    • JustinBooBooPhuck

      Who the phuck is Justin Bieber?

      • PlatinumC

        who even wants it for free?

        • Danny

          Who wants it at all?

    • Predator

      Me to, I am demanding cash to the RIAA and the MPAA: Pay me or else!

      meanwhile: FREE HANA BESHARA!

      • Anonymous

        RIAA Labels Demand Cash from Alleged BitTorrent Pirates

        Deja Vu anyone??? I know I’ve read this before…

      • asd

        Beshara resorted to file sharing for money, she doesn’t care about the true goal of file sharing which is free flow if information. In fact, her outburst undermines the work of legitimate pirates.

  • R3b3mj

    Sucks to be a German.

    • Angela Merkel

      AGREED! <3

  • http://twitter.com/MAFIAAFire MAFIAAFire

    Bunch of bastards, while a leopard has normal spots, hard for these bastards to change their evil spots.

    I guess they were just lurking around to see where they can run their next scam, and find easy (no pun intended) marks.

    I seriously wish they meet with bodily harm from some of the victims who they robbed.

    • Floppy Copy

      No pun intended… are you sure? Because I thought it was so perfectly awesome lol! Seriously though, I wholeheartedly agree with your last sentence. When you compare the actions of these thieves to those of so called “pirates”, who is worse? All you have to do is look at the motives behind each to figure out who the real demons are.

  • anonymos

    there´s a helpful website,or several,in german,that instructs you how to respond to the infringement letter,after you´ve got one.
    also, prosecutors understand what´s going on by now,and are not particularly keen to help law firms,which have specialized in cashing in on file-sharers.

  • foff

    I thinking of making up a label and sending phony pay up or else letters to a bunch of germans. Extorting these people sounds like taking candy from a baby.

    • Muso

      I’m with ya brother! Call it EXTORTION RECORDS!! ROFL!

      It would be easier than taking candy from a baby. Apparently the babies don’t even have to have candy for you to take it. And they are screwed because they could never really prove that they never had candy in the first place.

  • Anonymous

    Here’s hoping that non-US courts don’t fall for this crap. Litigation as done in the US doesn’t translate to other countries. In fact, here’s hoping that this backfires like it has for Righthaven

  • Muso

    Bloody hell, what’s to stop *ME* from sending out bogus extortion letters to residents of Germany. If the onus is on them to prove they don’t owe me….. Kinda hard when there are no facts to disprove. Poor buggers. Can’t these folks file counter suits claiming the entertainment industry has been downloading kiddie porn? Then the onus would be on the entertainment industry to prove otherwise, wouldn’t it?

    Can anyone else see the faulty logic in Germany? Why can’t the Germans??

  • Anonymous

    this has to be taken to the EUCJ. it is not going to end either in Germany or just in Germany. once they get the taste of success, the labels are going to expand their exploitation scheme to anywhere and everywhere they can. thanks go to the German government and courts for not having the balls to stand up to these parasites from day one. they are setting a precedent here for the rest of Europe!

    • Muso

      It’s not just failing to stand up to them, but actively throwing them to the lions. So, Germany is a feeding frenzy for the sharks.

      Now I’m probably going to get a hundred million hate remarks for this, but….

      http://www.latimes.com/news/opinion/commentary/la-oe-stein19-2008dec19,0,4676183.column

      Just make one think is all I’m trying to do. Payback? Karma? Think about it…

      I’m not saying anything… I’m just sayin’…..

    • Parkingheads

      18 jan… visIT your representatives in person- tel’em Skye sent you… and the anonymous ONE

      remember to park and power down safely

  • http://www.twitter.com/echoman74 echoman

    it seems they are losing options when the net sees through them it’s almost embarrassing record labels and movie studios. Eventually Germany will be smarter and not allowing this to happen.

  • Nolongerlisted

    unplug/ occupy for 18 jan 2012

    minions- anarchists untie ! er – unite?

    WTF your neighbor and gov’s… 18th(happibirthdaze2)

    please Sir, may US not have another?

    UNPLUG / OCCupy US preciousesnesses…

    18 JAN ET(will Skye Nett act?)

  • ayman

    Why do i have the feeling something is missing from this article?

  • http://profiles.google.com/zerianis10 Christopher Kidwell

    Why do they have ‘little alternative but to pay up’? They can challenge these things in the courts and point out that “Hey, an IP address does not, regardless of what ‘da law’ says point to a specific person!”

    That laws needs to be changed if it does actually say that “An IP address points to a specific person!” in the courts in Germany.

    When a law goes against all facts and evidence, that law should be nullified.

    • Indeed I am a walrus

      All I say is, get litigated against in Germany and then good luck with it.

      I don’t think that argument would work either, since you are liable for EVERYONE on your connection, regardless of who the hell they are in Germany.

      Unless you can prove its not your ACCOUNT being used, your scuppered

    • Muso

      You haven’t been following the news. If only the court system was for justice!

      http://torrentfreak.com/retired-computerless-woman-fined-for-pirating-hooligan-movie-111222/

      Solmecke told TorrentFreak that initially all a copyright holder has to do is show that a protected work has been traded via a specific IP-address, then the accused has to prove their innocence.

      “In the next step the defendant has to prove, that neither he nor anyone else who had access to his internet account did the copyright infringement. In my opinion our client has proved that fact. If you have no computer and no W-LAN, there has to be a failure in the backtracking of the IP-address,” he added.

      The bottom line in Germany is that account holders are responsible for everything that happens on their account and if they can’t prove their innocence, they are found guilty. The woman must now pay just over 650 euros in damages to the copyright holder.

  • CorporateTroll

    “RIAA Labels Demand Cash from Alleged BitTorrent Pirates”

    Every one should pay them. . . pay them with bullets.

    They can keep the change!

  • Mirgond

    It’s at least different in the state of NRW (text in german):
    http://www.heise.de/newsticker/meldung/Gericht-Filesharing-Abmahnung-ist-eine-voellig-unbrauchbare-anwaltliche-Dienstleistung-1413290.html

    People living in Hamburg on the other side… (you can only explain the rulings in THAT court with bribery)

  • Anonymous

    Germany is the Copyright BITCH of Europe. Innocent or Guilty is all the same when even not having a computer or router is excuse enough. The likes of Universal and Sony only doing this in Germany only highlights they want the easy win and easy profit.

    Taking a case to European court could much help but the cost is always the big problem.

  • al

    AH Germany has the guilty prove innocent rules. I think I have heard that before from Germany, Yet another Great Idead for the German Government.

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  • Who, Me?

    The MPAA and RIAA need the money to pay for that “educational campaign” and to pay the lobbyists.

  • Jakethesnake121

    Eventually, the masses will find out the names and addresses of the MPAA and RIAA greedy bastards who are responsible for controlling governements and making life miserable for the common man. Those responsible will be held accountable, sooner or later. The piper will be paid.

  • h33t

    what is needed is one brave recipient of these letters, with a healthy bank balance and access to a good lawyer, to challenge the situation in Germany and take their case by appeal all the way through the German Supreme Court to the European Court where this unjustice can be remedied

    it can only be a matter of time before the MAFIAA meet their nemesis in Germany and this practice of legal extortion is ended

  • FUCK-RIAA

    So these RIAA scums want to introduce a law that will take down any torrent sites, EXPECTING to boost sales & profit, but they’re sending out these “cash” letters to people to get money from them….Ok so either they’re going to lose the “cash” letter business if they get the SOPA and PIPA bill, but will they get more profits? No.

    This cash letter business is their best option to rack in some serious amount of money and they are taking this away…by themselves. Holy fuck these corps are dillusional and quite frankly fucked up.

  • Fred
  • http://torrentfreak.com/ Rob8urcakes

    @all who wonder why Germany is such a haven for CopyWrong Trolls, it’s due to their law of Abmahnung –
    https://en.wikipedia.org/wiki/Abmahnung

    NB Thanks MUST go to fellow TFreak sophisticatedjanedoe as she posted this heads-up via her excellent twitter feed only 2 days ago.
    She also has an awfully well-written, humorous and VERY helpful blog at
    http://fightcopyrighttrolls.com

  • http://www.facebook.com/profile.php?id=38423830 William N. Cate III

    ???? ?? ? ???? everything ??? ????? is ????? ???? ???? fine ???? ??? ? ?????? love ????? ?????? ??? your ????? ???? government.

  • Jimmy

    Are you sure Pink Floyd Music is in there. I’m sure they support filesharing and part of the musicians group in the UK against sueing there fans

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  • Anonymous

    lol, how about a big Middle Finger Salute to the RIAA lol.
    Total-Security.tk

  • Xenobyte

    I can’t believe it. Haven’t they understood it yet?

    Okay, here we go again. Any IP cannot be used to identify an individual. It is not a fingerprint or DNA. It is simply the address someone was using at the point in time it is logged.

    The courts here in Denmark have already thrown out cases with this very argument – it is impossible to prove who was using an IP at any given time. In this case an open access point was involved, but there are other ways an IP can be shared, intentionally or otherwise. Here’s a run-down:

    1) Open wireless access.
    2) Shared connections Who in the family did the evil deed?
    3) Cabled thieves. Outsiders spliced into the network (and later disconnected).
    4) Wireless thieves. An unauthorized wireless access point added to the network (and later removed).
    5) Hacked closed wireless access. WEP is easy but WPA can be hacked too.
    6) Incorrect logging at the ISP.

    There are possibly more but these are the obvious ones. Yes, I know of cases involving each. It is in other words completely impossible to reliably know which PERSON was using the IP at the time of any transgression and you need for evidence to point to a person in order to prosecute. No matter who you pick there will be a huge doubt, making it impossible to convict.

  • http://twitter.com/Dailymoeny Daily Money
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