RIAA: Lobbyists or Law Enforcers?
Written by Ben Jones on September 13, 2008When a story appears in the media involving piracy, it inevitably mentions how lobby groups like the RIAA get involved in helping establish evidence. Is this really needed, or does this compromise the cases? Should representatives for the victims really be used to form the basis of a criminal case, or should evidence be gathered by the police?
No matter where the story originates, be it the UK, USA, Italy, Asia, or Australia, it reads the same. A raid is carried out, assisted by members of the local anti-piracy lobby group. From Oink, to The Pirate Bay, these raids are consistently getting assistance and ‘evidence’ from those that claim to be losing out to the targets of these raids.
Some might think that this is acceptable – maybe police forces are not equipped to deal with highly technical cases like this, and so need to outsource to specialist agencies like these for help? This is certainly not the case, as many countries have specialist departments that are highly experienced and qualified in the forensic examination of computers and technology. The problem is more real. Interest groups that claim to be the victim – are allowed to participate in the prosecution of their targets.
In most police investigations, if a police officer is directly involved in a crime, he or she is usually unable to participate in the investigation as being involved reduces (or even eliminates) that person’s objectivity. Justice is meant to be blind, not fueled by thoughts of personal redemption or vengeance. However, time and time again we see ‘investigators’ for the MPAA or RIAA pop up in cases. Often they will state they (or their members) have had losses, thus making them the victim. If you believe that someone has caused you or your members a loss, are you going to act from that basis when gathering evidence, or will you work as hard to find the person innocent as you will to find them guilty?
While the problem is growing worse, it is doing so in only a limited way. It is only apparent in the gray area that is copyright infringement. Could you imagine the outcry in the UK, if anti-speed organization BRAKE was involved in investigating road traffic accidents? If they were, would a large percentage of accident investigations involving them find causes related to the organizations policy and positions? No police department anywhere in the world would consider requesting a Greenpeace investigator when looking into flytipping. So, why are media industry groups treated differently, when it comes to anything involving copyright?
The reason we’ve raised this is because of an incident in the US that caught our eye. A motorist driving in Park Forest, Il , a town some 30 miles south of Chicago , was pulled over for speeding. With an apparent suspended license he was arrested. The car was searched, and that’s where a few spindles of CDs and DVDs were found. The spindles had handwritten markings, labeling them as movies and music.
Surprisingly enough police called in the RIAA, a rather biased lobby group, to investigate the incident. As a result, the speeding motorist’s house was searched, and two of the 6 charges against him are relating to copyright. Whether the motorist turned out to be a commercial pirate or not is irrelevant, the fact that the police and the RIAA cooperate like this is what worries us. They might be searching iPods next.
Requests to Park Forest Police Chief Thomas Fleming have gone unanswered, and no trace of the RIAA investigator can be found either. It proves though, that no matter where you are, there is little chance of of a fair investigation if you’re accused of copyright infringement.
Previously: Spore: Most Pirated Game Ever Thanks to DRM
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65 Responses
Wow, this is insane… Getting pulled over and having your house searched for pirated stuff!
Reminds me about this
http://torrentfreak.com/police-arrest-man-camming-dark-knight-movie-080720/
Man was caught camming, and they searched his home!
They dont even do that if your caught with drugs in your car.
Why on earth they had to call RIAA ?
Only because of some Music CDs ?
Maybe he made a duplicate of his purchased Music CDs ?
Crazy A-Holes.
This is not acceptable ! ! !
I hope one day to become a police officer. I vow to never ever give a shit about piracy, its not the police departments job.
Such corruption is a natural consequence when the issue of copyright is brushed aside as “unimportant” and people don’t actively go out there and resist.
This IS an outrage, for sure.
The first thing that comes to mind in trying to solve this would be: Follow the money.
Because quite a few palms would have had to be greased to get them to where they are today… be it via lobbying or proper cloak and dagger under the table packet exchanges.
More than anything: It’s a bloody disgrace.
I am in an argument right now about the virtues of copyright law here, but I am alone in arguing in favor of file-sharing:
http://www.fstdt.com/forums/thread.aspx?t=18111&page=1
Can any of you guys help me in arguing my point?
Who cares about this sh!i!t blog.
RIAA rox.
this sh!i!t g_a-Y blog sux!
Yet again big business with very deep pockets twists the world to suit itself.
Whether this is legal (and I doubt it) nothing is likely to happen due to the “funding” and “lobbying” (paying of politician and law forces) by the MPAA, RIAA, BPI and the rest.
We can rant on here for days, but how many would leave their keyboards to protest/march to stop this. Even if we did protests/marches are being broken up due to “terror” laws.
It’s not helped that in one way the internet brings people together from all over the place, but it also means that anyone who would get up and do something is also spread wide apart and all we end up doing is talking to the rest of us who already know about this.
Hate the way this world is going with a passion.
Ahhh, RIAA MPAA, your source for vigilantee justice.
“We can rant on here for days, but how many would leave their keyboards to protest/march to stop this. Even if we did protests/marches are being broken up due to “terror” laws.”
How about this:
Leave copies of CD of copyrighted content in random places where people can find them. Make sure that there is something like “down with the RIAA” to make the message get across. It is a simple civil disobedience which anyone can do.
I meant, in #11, make sure that the cover says something like “down with the RIAA.”
Leaving cd’s around in public places is the best thing to do here. Then you Americans need to use your constitutional right to request the current government be abolished and a new one established. It’s clear your government is corrupt.
nice observation
the point being find yourself a smart defense lawyer or get cooked in court by a random prosecutor
http://www.h33t.com where filesharing is about cutting to the chase
I don’t get it. If i was charged for something as trivial as copying a cd. I tell you, I would find the names and address of prominent people in the RIAA and MPAA and give them some vigilante justice right back.
no you wouldn’t you dumb fuck shill
filesharers are people who care about other people and would never do violence
no you wouldn’t you dumb f**k shill
filesharers are people who care about other people and would never do violence
@15
Vigilante justice against the RIAA is clearly appropriate here.
@16
So do you really care about the people in the RIAA, huh?
Yeah and what REALLY sucks is that other countries will now follow.
Im starting to think you have more rights in China the way things are going. O.o.
We need to start our own propaganda front but America will use its media to view us in a negative light….*sigh* A little bit more intrusion and US will be in a verge of civil war. This is pissing me off and im not in america.
USA, the now fascist country.
@16 . Oh yes I would. If these pricks attempt to destroy my life over something as stupid as this, I will take revenge. They have family, they need to go to public places too. I will make it my lifes purpose to get back at them. If they hurt me, I hurt back, nothing amazing about that.
@8 If you don’t like it then leave. And a blog can’t be g.a.y. :\
Wow. They find a couple of CDs and decide to search his house.
Does this mean that if they found a CD with songs on it that wasn’t a original CD they would search your home?
…… wow paul. You are an idealist, you can say that now but when its time to do the duty, you will laugh it off and say “silly me”. Because seriously, silly you.
@23
There’s nothing more to say. I’ll do exactly what I said if they ever threaten me. Mark my words, look over your shoulder RIAA people, for every persons live you ruin, one day it’s going to come back and bite you at home. No lawsuits, no letters, just RAW JUSTICE!
@24
What are you thinking of? I think that it is important to get back at them personally.
@24. Have fun languishing in jail then.
Possibly for less time than you would for a copyright conviction.
If the Government no longer serves the people, the Legal system no longer serves the people and the system no longer works with the people, what do you think the people will do? They can’t relay on any system to be a voice of the people. There will be a revolution in the US, just a matter of time, and that time is getting closer. All you need is an incident that outrages the people and the RIAA and Government are doing a good job setting that up.
Jail? For what? You’d need to prove it was me now wouldn’t you. And what did you think I would do you the RIAA people that would warrant jail time?
There are many ways to serve justice against evil people.
@26
If it is for a just cause, it is worth the jail time. Civil disobedience.
Besides, this is all hypothetical. The balls in their court. If they continue to attack the citizens, then one of them is going to be the one they wished they never targeted. I would attack back if it was me. I wouldn’t bother following the legal system, i’d do it my own way. Than again, I could be talking shit. That’s up to the RIAA execs to decide. Do they like to gamble?
@30
The legal system is screwed up anyways. Fu-ck the legal system. It was about time extralegal methods were used.
nice article but I doubt will do any good to the government . I lost my faith to them long ago .
I say NEITHER. Scumbags I think might be an appropriate term! LOL
Jiff
http://www.anonymize.us.tc
@33
Can’t have faith in government. What’s most important now is for us to take matters into our own hands: civil disobedience.
I agree, the solution is civil disobedience… all you share a lot more than before; and don’t use private trackers, because the material remains stuck there.
Spreading the material to the entire internet, like protest. Take all of your RIAA albums, make torrents and share… and obviously, if you live in a shit country like USA, don’t forget to hide your IP and using encrypted connections (tunnels).
It’s a small thing, but I think in order to fight this form of injustice, we need a better name for it. ‘Corruption’ is too vague. ‘Police for Hire’ comes closer to the meaning, but it’s too wordy. We need a single word. Something that will look good on a sign or painted on a wall.
10 years ago, the term ‘profiling’ didn’t exist. We still have a long way to go, but things are being done about it. We need something similar.
When corporations overextend their boundaries and start policing citizens, it’s called:
Find the word and you’ve moved a long way in winning the battle.
@24
+1
they fucking deserve DEATH
@35
It must be more visible than that. People must actually be able to SEE it in order for it to be an effective protest. Leaving random CDs in random places where people can find it – this might be effective.
@37
That would only work if it explained the problem and the current complete lopsidedness with which they are treating this issue. It ticks me off so much when they complain about piracy and claim it hurts them so much, then announce record profits and, oh, btw batman just broke nearly all records for a movie.
Just having Down With RIAA written on it is not good enough. Maybe the same thing but a fully legal audio recording explaining everything, like a radio show or something, that everyone could download and burn. Have at the end the phrase ‘Released under the Creative Commons license’ or similar. This way these discs themselves are fully legal, and serve the same purpose.
here’s room at the top they are telling you still,
But first you must learn how to smile as you kill,
If you want to be like the folks on the hill
Capitol Hill, in the
land of the free and the home of the brave
Then take me disappearin’ through the smoke rings of my mind
Far from the twisted reach of crazy sorrow.
Yes, to dance beneath the diamond sky with one hand waving free
With all memory and fate driven deep beneath the waves,
Let me forget about today until tomorrow.
@ 24 (Paul):
I think beaten-down-filesharers just found themselves a superhero. We all need a hero.
Well,
getting your house searched without probable cause is common in Germany too. During one of the last CCCs in Berlin, Attorney at law Udo Vetter (lawblog.de) talked about one of his cases. A teenager (pedestrian!) was stoped and searched by the police, they found a DVD-R in his backpack. Hence they assumed he was involved in infringing IP, thus searching his fathers house. Unfortunately for them his father was a local politician (if I recall that correctly) and with the laywers help they got out of it. But not everybody is that well connected and able to void an illegal search of his home.
Check out his talk, it should be available at Youtube et al. and is available for download at the CCC. It’s in german and called “Sie haben das Recht zu schweigen”.
If you have cds and dvds on you, can’t u just say you made back-up copies of the original, the original got busted, the receipt got thrown away, and tell them to fuck off?
Search Jason Bourne’s house? That would be…interesting.
Eventually the F’tards will search and harass the wrong person.
RIAA/MPAA/all the other same MAFIAA are TERRORISTS far worst than al quaeda and far worst than nazis
I’ve seen that film but the lawyer also says a few years ago a high court told the police to make searching houses the exception (and not vice versa) so today there are hardly any at all. I even read 95% of the criminal cases are settled because searching the house would be unproportional but just the IP isn’t enough for a criminal case -> dilemma.
Anyways who does still burn his crap on cds/dvds? Store it on an encrypted hard drive and everything is fine :)
I can really recommend that presentation though. Very informative and some funny stuff too: Police wondering why the chimney is on when they enter the house on a summer morning. He is called to a client whose house is beeing searched and when he shows up the pigs are sitting there drinking beer with that guy and watch soccer =) etc
Links:
google http://video.google.de/videoplay?docid=-1550832407257277331
Links list: http://events.ccc.de/congress/2006-static/static/s/t/r/Streams.html#Recordings
When the RIAA is allowed to gather evidence, it’s called “evidence tampering”. Plain and simple. Broken chain of custody should negate the validity of the evidence and I would argue this in a court of law.
@49
You are correct.
Read up on the Anti-Counterfeiting Trade Agreement that they’re trying to push into law which effects several countries if passed. This agreement allows enforcement to randomly search your cell phone, MP3 player, laptop and so on for any infringing material and if it’s found they can confiscate all of your devices. In addition to that it allows them to get your ISP records without a warrant. Best of all who you do you think wrote the foundation for this agreement that’s right the RIAA. They’ve been allowed to get away with too much and eventually people will get tired of it and will fight back otherwise they’ll be living in an RIAA world where if you name your kid after someone it’ll be copyright enfridgement.
Holy shit, that’s insane.
“If the Government no longer serves the people, …”
Has it ever?
As shocking as it might seem there use to be a time when government was all about the people instead of themselves. Sadly a good deal of them have lost their way since then.
Nice to see someone has realized the koolaid tastes funny. Corporocracy is a functional government that is far more intrusive into every aspect of our daily lives – our food, our wages, our health care, our programmed beliefs, ad infinitum.
To all the “Blahblahblah my e-peen is huge and I’ll get vigilante justice” – bullshit. If you were seriously considering it instead of just running your mouths, you would know the only chance you have to succeed is by doing it quietly.
Search my home and my Beretta meets your face.
The MPAA and RIAA what the hell!!! the police calling them when they found CD’s in that man’s poessesion the cops are so corrupt and such dumb a__s ho_ls and how the hell they gonna know about freedom of information and stuff. Also regarding post @9 by Jak we people rant here rather than protest why the hell we ned to protest the best thing to fight this thing is share more file over p2p or bit torrent that’s the best form of protest by spreading more piracy.
The point here IS sharing is NOT stealing! Because the RIAA & MPAA have deep pockets from years of monopolistic abuse in their industry they have bought politicians that have created laws to abuse AND terrorize (FBI warnings small example!) the public. They depend upon an outdated business model that smacks of the 1950s McCarthyism (EVERYONE is a copyright thief! trust no one!) As a good doctor will tell you the best way to treat a human illness is to treat the cause and the symptoms will disappear and health will return. These problems stem from decades of copyright abuse in Hollywood. Bought off politicians like ‘Sony Bono’ aka ‘The Bono Act’ to extend unfair copyrights beyond what they were meant or intended to be by the US’s founding fathers, solely out of greed. Follow the money! In an age where computers are designed for people to share data they become unimportant and their racket dissolves. Laws need to changed & Hollywood and their mafia need a good slapping down. Until they realize that people will just keep on sharing & their business model needs to be updated to reflect this. Suing people is not the answer.
@55
“you would know the only chance you have to succeed is by doing it quietly.”
What the hell? Doing it quitely means getting ignored. The most important thing about effecting change is doing it in associates or groups. And that means informing everyone about it. Running mouths is just as important as actually doing it. Message is as important as action.
those of us ‘in the know’ have been warning about this for some time now. TSA agents in the US will be screening for pirated content, on laptops, ipods, cellphones, you name it.
they can now take that equipment, copy it, hold it forever, and you have no legal recourse.
This is not the first case of someone being nailed for piracy in an unrelated matter, and it won’t be the last.
They are training sniffing dogs to look for pirated discs (apparently burnable media has a different makeup than pressed retail discs, and the dogs can smell it.)
If you are travelling with anything pirate, be cautious. Really tho, even if you legally ripped those mp3s from legally owned cds, do you carry them with you? Still have the receipts?
Exactly.
Anti-terror laws are being used to go after copyright infringement. I warned of this years ago, and now it’s right there in your face.
Deny it no longer, stand up and fight back.
@59
WTH yourself. Were you just skipping along reading sentences at random? You don’t go about cybervigilante justice the same way you go about organizing a protest march, unless you just like the thought of becoming someone’s b—h in prison.
Come to think of it, that might be the case if you like “doing it in associates or groups.”
Another detail being glossed over; media reports, video footage, and wording is starting to blur the fact that the RIAA are not, despite what they think, a government agency. From their RIAA (and similarly the MPAA’s) official looking jackets which are modeled after Federal attire (with “RIAA” written as if it IS “official”, the way that “FBI” and the like adorn government agents’ jackets), to reports of the RIAA (and MPAA) illegally being INVOLVED in investigations as advisors.
Old saying: “It ain’t a crime to be poor, but it might as well be.”
The last six words apply here just as well.
The police have a lot more important things to deal with than stupid music CDs. And tell the RIAA to fuck off.
Don’t anybody understand?, It’s the corporate states, much worse than individual’s tyranny or dictatorship.
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