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HB
Maru Maru Mori Mori
Premium
join:2011-06-21
00000

So the RIAA accuses you of felonious behavior

And how is that not defamation? That is like me going to your ISP and accusing you of child porn. You can't do that. It's defamation.

And if the MPAA or RIAA do get it wrong and your service is throttled or cancelled, how of they not responsible for the consequential damages? The ISP gets out of it likely because it's in their TOS/AUP, but the RIAA/MPAA would be directly responsible for the tort since they are well aware of the outcome of their complaint to the ISP.


firedrakes

join:2009-01-29
Arcadia, FL

cash will start rolling in at first then a year later lawsuits afterwards


sparc

join:2006-05-06
reply to HB

defamation usually involves making false statements. The MPAA/RIAA and the ISP would have actual records to backup their statements so defamation would not apply.

defamation also usually involves communicating the false claims publicly to some other party. In this case they are sending the message directly to you and a third party would not be involved.

your use of the word "defamation" appears to be entirely inaccurate.



HB
Maru Maru Mori Mori
Premium
join:2011-06-21
00000

The 3rd party are the employees of the ISP and they are members of the public. It doesn't matter if they tell 1 person who isn't you (a 3rd party like the employees of the ISP) or 1 million people, it is still defamation.

Meanwhile unless it is true, and the RIAA and MPAA have been known to be wrong, it's defamation.


sparc

join:2006-05-06

the employees of the ISP are the one's who processed the complaint about piracy against you. they are representatives of the ISP and would not be members of the public in any sort of legal complaint.

Either way it still would have to be proven that the ISP is making false claims. The ISP would have some data to backup their claims. i.e. no defamation

nice try though...



HB
Maru Maru Mori Mori
Premium
join:2011-06-21
00000

But they didn't make the complaint or accusation. They are a third party, a disinterested and undamaged party, receiving potentially defamatory statements about the character of the subscriber. If the RIAA has a criminal complaint to make, if they want to accuse someone of committing a felony they can go to court and get a subpoena for my identity, that is due process. If the MPAA or RIAA want to bypass the courts and tell a third party that someone is a criminal, they do so at their peril. And if they are wrong, and that sub's service is shut, the RIAA is liable for the consequential damages and likely punitive damages given their past history of blackmail and extortion.

Meanwhile this scam charges me $35 to investigate these claims and prove I am innocent of felony behavior. How about the RIAA/MPAA pay $35 when they make the claim? Oh, well that wouldn't work for their latest extortion scheme now would it? They will get a huge smack down in class action next year over this.

Nice try though...


sparc

join:2006-05-06

but there's no damages here since they didn't make your criminal activities public. they did it privately through a letter or email.

and of course you consistently duck the issue of the ISP actually making false claims... which the ISP won't have made any sort of false claims. They'll actually be true and they'll have the evidence to back it up. Case dismissed yet again....



HB
Maru Maru Mori Mori
Premium
join:2011-06-21
00000

They made them public by talking to the third party and there are consequential damages from getting the subs services throttled or disconnected. And it doesn't matter how much of the public knows, punitive damages were invented just for this purpose. $1 in actual damages, a gazillion in punitive damages.

Class action time.