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3 Guilty of File Sharing, RIAA Sues 750

By Nate Mook, BetaNews

February 28, 2006, 3:01 PM

The United States Department of Justice on Tuesday heralded a victory in federal court against three members of the "Apocalypse Crew" warez group. The individuals were sued for sharing digital pre-release copies of songs and albums through P2P networks, and have pleaded guilty.

The RIAA, meanwhile, sued another 750 people in its own crackdown on piracy.

In a statement, the DOJ said Derek Borchardt, 21, of North Carolina; Matthew Howard, 24, of Colorado; and Aaron Jones, 31, of Oregon obtained the music through insiders at record companies, magazine publishers and retail outlets. Songs were stored on servers run by the group.

From there, the copyrighted material was distributed "to peer-to-peer and other public file sharing networks accessible to anyone with Internet access and potentially appearing for sale around the world," the DOJ said.

The Justice Department previously sued another individual, George Hayes, 31, of Virginia, who pleaded guilty to one count of criminal copyright infringement.

The four men could face up to five years in prison and fines reaching $250,000. It's not clear when the sentences will be handed down.

In a separate action, the Record Industry Association of America announced it had filed another 750 lawsuits against unnamed individuals as part of its long-running legal efforts against P2P users. These "John Doe" suits include the individual's IP address, which the RIAA uses to discover his or her identity.

In a statement, RIAA president Cary Sherman hailed the lawsuits as protecting the integrity of the market so legal music services like iTunes can prosper. Sherman also coined a new phrase for those who download music illegally, likening them to retail shoplifters with the term "songlifter."

"Just as we continue to educate fans about the right ways to enjoy music online, we will continue to enforce our rights through the legal system. Songlifting is not without consequences," he said.

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By dmainzman

posted Mar 5, 2006 - 12:49 AM

How the hell do they use IP addresses to catch file sharers? I mean, someone's IP address has like a 75% of being accurate. It would be so easy to go to court and say "How can they prove that the IP address they claim is mine is actually mine. Maybe someone else used some software which picked a random IP address, which happened to match mine. But I am not guilty." Because those types of programs DO exist.
Anyway... I am getting more and more fed up with the RIAA, and I haven't purchased music (digitally or otherwise) mainly just to spite the RIAA.
As for the MPAA.... they're a bit more reasonable, I think, in their lawsuit pursuits, and they have a slightly better reason to do so (movie sharing can certainly hurt sales more than music sharing hurts those sales).
But seriously.... join the boycott on the RIAA, everyone!

Score: 0

By DJ Digital Gem

edited Mar 3, 2006 - 2:00 AM

Wow, there's a lot being said here and I am wondering where to begin! LOL Ok, here goes....It is true that recording artists and producers pretty much sell their souls to the "devil" when they sign a recording contract these days. They basically make PENNIES for each CD sold and their bread & butter is from live performances.
I think it's pretty pathetic that the US Dept of Justice doesn't have anything better to do than go after a few file swappers. Aren't there TERRORISTS they can be finding or murders, rapists and what not that they can go catch? It's pretty pathetic thet the RIAA is now tying up our legal system with thier pety- anti BULL CRAP, you know? It's one thing to sue people but now to have our Dept of Justice prosecuting......There are much bigger fish to fry out there!
You know, I think that more artists need to start speaking up about what is going on. There are some that appreciate those few pennies per CD because back in the day that was how they made their living. However, there are so many more that have remained silent....THEN you have Avril Lavene who is standing up to say enough is enough and is actually PAYING to defend an accused file swapper! SHe knows that CD's aren't where the money is and I hate to say it but the days of going and buying a CD are quickly DYING. If the RIAA would just get with the times then people would probably be happier all around.
Now they are trying to stop us from doing ANYTHING with a CD once we buy it. Can't make yourself a back up copy, can't listen to it while you're playing games or doing work on your computer.....I remember cassette tapes and using them to record my favorite songs off of the radio; I didn't buy music back when I was a teenager, come on! You can now rip streams from internet radio stations as easily as if you popped in a cassette tape and recorded from the radio. What's the big deal? At some point the music was PAID FOR, and I don't see why we should all have to keep paying and paying and paying......

GREEDY bas****S, that's what the RIAA MAFIA is.......Dirty, greedy bas****S. If you want to get away from them and all the fuss you can always do what I do and listen to UNSIGNED ARTISTS! There's one hell of an underground music scene these days folks!

Score: 0

By Budgie29

posted Mar 2, 2006 - 8:40 AM

I just wish the Industry would bow to the people,and wouls stop pushing out all this crap

I'm so fed up with the same music on diffrent compulasions that I have even stopped buying CD's and downloading off P2P.

If its worth the money. which a cd isn't I will buy and susport the artist

Score: 0

By cranbers

edited Mar 1, 2006 - 9:46 PM

You know I just love how this organiation ties up the legal system for their own fault. Doesn't it remind you of something like a bank robber. Back in the day banks were knocked off daily. So then they started implementing security, cameras, safe's, security guards. In other words, these people are just not keeping up with technology. Suing thousands of people for a couple thousand dollars when there are millions and millions of file swappers still out there. It's a loosing battle for sure. I can guarentee all this does is worsen their situation not make it better, it won't stop slow down or even make a dent in it. So why waste tax payers money, there really does need to be something done about this some new law or bill. Also they way they are aquiring the information on these people is insulting as well. Getting it by their ip address, well lets see I can grab a laptop and drive down the street and access a dozen different wireless networks. File swap, and bam! I just screwed who knows how many people by using their ip address. I remember the story awhile ago about some little girl who was 11 that they tried to sue. Next was a 75 year old man who didn't even know what a computer was. So like I said they need to figure out a new system. Either that or they are going to end up shooting themselves in the head for sure. I don't maybe they could just come up with a new business model, because they one they used for so long is now a model t that gets 1/2 mile to the gallon and they are complaining they are loosing money and proffits are down every quater. think about it RIAA.

Score: 0

By treetop

edited Mar 1, 2006 - 4:38 PM

The RIAA is the new MAFIA.
You know, California really -is- going to slide off into the Pacific. But the slide is going to be greased with lawyers.

Score: 0

By citizen420

posted Mar 1, 2006 - 5:05 PM

apocalypse crew, did make a few nice pre-release albums avaliable, but calling them warez is wrong, their not software pirates.

Score: 0

By Aires

edited Mar 1, 2006 - 10:33 AM

Apocalypse Crew? Who?? Isn't it funny when there's a major warez bust - it's always either a group you've never heard of, or a group that have no connection to warez whatsoever.

Score: 0

By PC_Tool

posted Mar 1, 2006 - 2:49 PM

The fact you've never heard of them may simply mean that they were 1 level above the twits they convince to distribute their warez.

Of course,t hat would mean RIAA is digging closer to the source, which would jeapordize their new business model: Let the groups do what they do and go after the endless supply of end-user they produce.

Score: 0

By Aires

posted Mar 2, 2006 - 7:25 AM

Never seen an Apocalypse Crew nfo. But then if they only did music why would I - music is not warez.

Score: 0

By kgruber

posted Mar 1, 2006 - 1:01 AM

I really wouldn't put music piracy in the same class as software piracy and take exception to the author labeling Apocalypse Crew as a "warez group." The former requires talent (e.g. to circumvent protections), and the latter does not (e.g. any retard can MP3 a CD). However, that's beside the point! If you get caught engaging in illegal activities, don't complain of forced homosexual conjugal visits from cell mates. ;)

Score: 0

By JacenSolo

posted Mar 1, 2006 - 3:40 AM

Both require circumvent protections in todays world.

So many CDs have DRM on them... so many that I refuse to buy CDs. (and no, I don't download music either :P)

Score: 0

By lilmegz

posted Mar 1, 2006 - 12:54 AM

Apocalypse Crew goes by the tags "aPC" on their releases. However they probably might change this due to this happening to 3 of their members.

Score: 0

By shy_one

posted Feb 28, 2006 - 11:06 PM

I wonder if any more music groups will step up and help the people getting sued going we don't want the RIAA bas****s representing us.

Score: 0

By athome

posted Mar 1, 2006 - 9:57 AM

They could say all they want, but their legal contracts and their paychecks will keep them quiet. What music groups are speaking out against the RIAA? That is like biting the hand that feeds.

The number of lawsuits compared to the number of filesharers is quite a joke. The cases that are ending up in court will, and are, in the favor of the RIAA. Though I or you may not like it, I agree with the verdicts. These are clear-cut cases with regard to the law of the land.

If we are all concerned about the price of the music these days(which I don't think it is out of line compared to everything else), stop songlifting(to help bring the prices down), or stop buying CDs altogether.

The industry is making efforts towards alternative methods for acquiring music, and as these technologies become popular, the prices should come down.

It seems to me that the only place to listen safely to CDs anymore is either in your car or on a CD device that is not hooked to the Internet to download or install DRM software. Which has come about due to filesharing! IMO songlifting will kill MP3 devices in the future due to the RIAA protecting their content with DRM. DRM will only get worse. With this current wave, I cannot justify owning a MP3 device.

Please, I am not perfect, I had downloaded mp3s in the past with the original napster. We were all pretty ignorant then about filesharing, but it didn't take long to realize that it was against the law and stopped. Today, it is easy to songlift and some users claim to be ignorant of its legal ramifications(or just ignorant), and others use excuses similar in nature to the old school "my dog ate my homework."

I would hate to be driving down the road and get pulled over for a traffic violation; and while the officer searches my vehicle he finds a burned music CD. Upon asking for verification that I own the original music(I cannot produce) I am hauled off to jail for violating copyright law. It seems funny now, but this could be coming if songlifting continues to swirl out of control.

The arogant ways of the songlifter needs to change. Some believe that they are safe, but as this article points out your IP is being saved. Just as there are ways to hide ans spoof your IP, there are ways in which to find the true one.

I am not trying to sound any better than others. If criminals could use the same logic in their defense for their crimes(any type) we would all laugh at them. I hope to make some laugh here. But stealing is stealing; crime is crime. No mater how much sugar you put on a turd, it is still a turd.

Score: 0

By shy_one

posted Mar 1, 2006 - 3:01 PM

They could say all they want, but their legal contracts and their paychecks will keep them quiet. What music groups are speaking out against the RIAA? That is like biting the hand that feeds.

Don't forget that a Canadian company is helping a family fight the RIAA and even offered to pay the fine if they lose the case saying we don't want the RIAA representing our clients.

Score: 0

By pagancow

edited Mar 1, 2006 - 1:09 PM

You work for the RIAA dont you?

I've heard of their schemes, hiring people on message boards to pretend that people agree with what they are doing to soften the blow.

Give me a break.

Score: 0

By athome

posted Mar 1, 2006 - 2:21 PM

Yeah, I work for the RIAA and downloaded GB of music from napster. RIIIIIGHHHHHT!

Please.

Score: 0

By rijp

posted Mar 1, 2006 - 12:57 PM

Metallica for one..

And bite the hands the feeds? PLEASE! Do you know how much record companys rip off the artists? you don't have a damn clue do you?

Artists get maybe a dollar per album, if they are lucky.. So do the math, 15 bucks for a CD, 1 dollar goes to the artist, and whatever pittance Best Buy or Circuit gets for selling, and the RIAA/Record producer gets the rest..

artists make money by having concerts..

Score: 0

By athome

edited Mar 1, 2006 - 2:22 PM

Metallica, yeah I know of them, but you need more than that. Who listens to them anymore? Only druggies from the 90s! If that is all you have to bring to the table, then please get up and leave now. I should have said, "Name three."

And PLEASE! You do the math. First off, your figures are wrong. Second, I don't see anyone crying about how much they make, and they could make more if people would stop songlifting and buy the CD. Third, the musicans the musicans, I don't see anyone of them living in cardboard boxes or on the street. I don't see them driving Chevrolets, Fords, or Saturns. Fourth, the recording studios are not owned by the artist, nor are the people that work the controls. More things happen behind the scene that you fail to mention. Fifth, according to your logic the only way in which an artists make money is by having concerts, then if they are complaining(which they are not) they need to have more in order to spend it on their lifestyles.

NO artist has a gun to their head when they sign the contracts. Instead, there are several pages and several lawyers involved.

NEXT! :]

Score: 0

By PC_Tool

posted Mar 1, 2006 - 2:46 PM

"Who listens to them anymore?"

I do. :)

And, in case you are unaware, for an artist to get *any* playtime on virtually *any* radio station, seeing as how all but ~30 in the country are *not* owned by conglomerates, a group *must* be signed to a label, and the label will genrerally pay to get it played.

It's used to be called payola. It's still a *very* big part of how a song goes from un-named group's track to the Top 40.

You want tot get on the radio? It costs a bundle...who's got the money? The labels. Who controls them? The RIAA.

So no, no-one's holding a gun, but the alternatives are not pretty.

Score: 0

By athome

posted Mar 2, 2006 - 2:20 PM

I was not meaning to be offensive about Metallica, but the fact is that Bands are not saying anything and they are still making money. They would make more if people would buy their music and play them on the radio more.

I do know about how bands get playtime too.

Score: 0

By razdump

edited Feb 28, 2006 - 8:29 PM

If RIAA and MPAA keeps escelating their tactics to sue people and provide them with a jail sentence if they can't pay, will there be an extra jail created for warezers or will the rapists murderers be let go to make room for them?

Score: 0

By demonhunter999

edited Mar 1, 2006 - 8:40 AM

How about sharing cells with the burglars and fraudsters?

Score: 0

By cousinkix1953

posted Mar 1, 2006 - 6:03 AM

Hell. there are states that won't even crack down on the child molesters in the first place. One guy got a measley 60 days, for messing with a little girl in Vermont. You can bet that these pirates will get stiffer sentences than he did...

Score: 0

By Black-Wolf

edited Feb 28, 2006 - 8:30 PM

Never heard of this group...

But what they did were WRONG for RIAA.

For you? You guess.

Score: 0

By madmike

posted Feb 28, 2006 - 6:42 PM

You cant blame them (RIAA) there ultimatley right. If you mad a song and some prick stole it what would u do? ask yerself that question then work out how the Artists thatthe RIAA represent feel.

Score: 0

By skimore

posted Feb 28, 2006 - 4:55 PM

So why don't they go after the "insiders at the record companies, magazine publishers and retail outlets"???

The same insiders will leak more songs out and movies .. so the RIAA can keep "claiming" millions of dollars in losses each day.

Score: 0

By PC_Tool

posted Feb 28, 2006 - 5:21 PM

This is the way RIAA and the MPAA have decided to wage this "war".

Going after the distributors instead of the leaks.

Think of it this way:

Option 1:

Go after the sources. Get one or two at each label. Take 'em to court. Get a couple hundred-thousand dollars. End of Story.

Option 2:

Go after the distributors and end-users. Sue them ALL. Get ~3,000 per suit. Leaks keep occuring, provide endless stream of distributors and end-users to sue.

Dire Straits said it best.... "Money for nothing."

Score: 0

By trebor

edited Mar 1, 2006 - 3:53 PM

In the press it was once more claimed that the music industry had reduced sales of close to double digit number......iTunes sold 1 billion tracks at 0.99 cents....NO CD manufacturing, shipping, middlemanm retail shop cost......normally a hardcopy album, say 10 tracks does 17 US (in Europe actually 20+ Euro's) and suddenly the 700 million US drop falls in perspective. ALSO, thru iTunes many tracks are sold that are no longer in print.....talk about margin!!!!!!!! Than pricing. A fully legit CD in Argentina does an equivalent 7 or 8 US, In UK and Holland the same 20 Euro (24 US), in Italy 17 Euro....whatever the customer(fool) is made to believe is the right price.

Score: 0

By kholdstare

posted Mar 1, 2006 - 12:22 PM

yea and i don't think these people who are in these warez groups get there chicks for free LOL either. to finish that quote "money for nothing, chicks for free" Dire Straits

Score: 0

By tipsyboy

edited Feb 28, 2006 - 6:05 PM

Yeah, man - don't kill the cow that gives you milk . . .

Cool . . . "Money for nothing" Dire Straits

Very cool, indeed. Quite right so.

Score: 0

By tipsyboy

edited Feb 28, 2006 - 6:04 PM

"Wear sunscreen. Do one thing every day that scares you." Mary Shmich
-----------
A barber gave a haircut to a priest one day. The priest tried to pay for the haircut but the barber refused asying "I cannot accept money from you, for you are a good man - you do God's work." The next morning the barber found a dozen bibles at the door to his shop. A policeman came to the barber for a haircut, and again the barber refused payment saying "I cannot accept money from you, for you are a good man - you protect the public." The next morning the barber found a dozen doughnuts at the door to his shop.
A lawyer came to he barber for a haircut, and again the barber refused payment saying " I cannot accept money from you, for you are a good man - you serve the justice system." The next morning the barber found a dozen more lawyers waiting for a haircut. ---
taken from: http://www.mtnguy.com/barber/index.html

Score: 0

By athome

posted Mar 1, 2006 - 10:19 AM

Yes, songlifters and lawyers are the same in this example.

Score: 0

By nightops

posted Mar 1, 2006 - 1:07 PM

And also the RIAA/MPAA

Score: 0

By GeorgeSantayana

posted Feb 28, 2006 - 4:40 PM

I support copyright and compensation to musical artists. It's just too bad that the RIAA has nothing to do with these things. They're a protection racket with the blessing of the government.

Score: 0

By PC_Tool

edited Feb 28, 2006 - 4:27 PM

dupe...network connection dropped.

My bad. I'm sure Frontiernet will get right onolq2i34y32877434 3..

+++ATH
NO CARRIER

Score: 0

By PC_Tool

posted Feb 28, 2006 - 3:56 PM

lmao...

If yer gonna run your own "songlifting" servers, at least use your brain and do it in another country (Sweden? Canada?). Doing it in the US is just plain stupid.

"Songlifting is not without consequences.."

Unless you reside in one of the above named countries, or do not use P2P services to do it.

"we will continue to enforce our rights through the legal system."

Missed the last part of that quote, "Rights we bought and paid for by abusing the legal system and the government of the United States to further our price-fixing and the double/quadruple-charging of our customers."

Score: 0

By parazite

edited Feb 28, 2006 - 4:05 PM

> If yer gonna run your own "songlifting" servers, at least use your brain and do it in another country (Sweden? Canada?). Doing it in the US is just plain stupid.

I say do it in the US. Unfortunately some of us have to pay the price...

QUOTE:

Skinner: "Agent Scully was a fine officer. More than that, I liked her, I respected her. We all know the field we play on and we all know what can happen in the course of the game. If you were unprepared for all the potentials, then you shouldn't step on the field."

Score: 0

By athome

posted Mar 1, 2006 - 10:21 AM

I like the quote also. Great!

Score: 0

By l0cks

posted Feb 28, 2006 - 4:44 PM

I 100% approve this quote!

Score: 0

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