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October 2, 2005

A Defendant Who’s Pushing Back…Hard [6:23 pm]

Slashdot (Another Victim Countersues RIAA Under RICO Act) has an article that points to this blog entry: Oregon RIAA Victim Fights Back; Sues RIAA for Electronic Trespass, Violations of Computer Fraud & Abuse, Invasion of Privacy, RICO, Fraud. However, I urge you to read the filing itself in this District Court case: answer and counterclaim. Here’s the opening sally:

1. For a number of years, a group of large, multinational, multi-billion dollar record companies, including these plaintiffs, have been abusing the federal court judicial system for the purpose of waging a public relations and public threat campaign targeting digital file sharing activities. As part of this campaign, these record companies retained MediaSentry to invade private home computers and collect personal information. Based on private information allegedly extracted from these personal home computers, the record companies have reportedly filed lawsuits against more than 13,500 anonymous “John Does.”

2. The anonymous “John Doe” lawsuits are filed for the sole purpose of information farming and specifically to harvest personal internet protocol addresses from internet service providers.

3. After an individual’s personal information is harvested, it is given to the record companies’ representatives and the anonymous “John Doe” information farming suits are then typically dismissed.

4. The record companies provide the personal information to Settlement Support Center, which engages in prohibited and deceptive debt collection activities and other illegal conduct to extract money from the people allegedly identified from the secret lawsuits. Most of the people subjected to these secret suits do not learn that they have been “sued” until demand is made for payment by the record companies’ lawyers or Settlement Support Center.

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