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story category 'Procedural Gamesmanship'
Pac Bell launches RIAA counter-suit
(old news - 09:14AM Thursday Jul 31 2003)
tags: legal · Fileswapping
Pacific Bell yesterday filed suit against the recording industry, claiming that subpoenas served by the RIAA were done so improperly. The suit questions the validity of using the DMCA to reveal file trader identities, and suggests the "overly broad" subpoenas should have been issued from a California district court, and not the District of Columbia. Pac Bell/SBC is the only service provider to challenge the subpoenas since Verizon lost their legal battle earlier this year to protect file traders' personal identities.

"The action taken by SBC Internet Services is intended to protect the privacy of our customers," says SBC spokesman Larry Meyer in this Associated Press report.

Now for the quote of the week, coming from a company that's been traveling the country lobbying to eliminate all state level broadband oversight: "Misapplication of DMCA subpoena power raises serious constitutional questions that need to be decided by the courts, not by private companies which operate without duty of due diligence or judicial oversight." An RIAA spokesman called the suit a case of "procedural gamesmanship".

Related:
  1. Pirate Bay Gets Yanked Offline
  2. Britain Returns To 'Three Strikes' Plan
  3. France 'Three Strikes' Rides Again
  4. Barry Manilow Highlights 'Three Strikes' Law Stupidity
  5. British Cops, Spies Oppose 'Three Strikes'
  6. Will 'Three Strikes' Come To The United States?
  7. Wi-Fi Network Shuttered By MPAA Re-Opens
  8. Pirate Bay Tracker Offline for Good
Forums » 'Procedural Gamesmanship'
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page: 1 · 2

DSLarggggg
What Da?

join:2002-02-06
San Jose, CA

Right On

Sue them SBC

ghostpainter
I Write for the Apocalypse
Premium,MVM
join:2002-05-25
Rancho Cucamonga, CA
clubs:

Re: Right On

WAY TA GO PAC BELL....Remember I am the one who said the issue of all of these subpoenas, without a proper summons and compliant being filed in the proper courts was an illegle act in it self...hopefull the other ISP's and service groups follow suit...

DenverDialup

join:2003-06-06
Littleton, CO
clubs:

Re: Right On

This is great news. Now what we need are all the major broadband providers to throw their respective weight around just like Pac Bell is doing. RIAA might be big, but they certainly can't contend with every ISP - Verizon, SBC, Comcast, and so on - slamming them with lawsuits.
--
"Programming today is a race between software engineers striving to build bigger and better idiot-proof programs, and the Universe trying to produce bigger and better idiots. So far, the Universe is winning." -- Rich Cook

Jetta392
Premium
join:2002-07-14
Martinsville, NJ

Re: Right On

said by DenverDialup See Profile:
This is great news. Now what we need are all the major broadband providers to throw their respective weight around just like Pac Bell is doing. RIAA might be big, but they certainly can't contend with every ISP - Verizon, SBC, Comcast, and so on - slamming them with lawsuits.

"Oh" and they definitely don't want to mess with Optimum Online... No they don't!

Kill the RIAAs

ya, like comcast all the money they have and they won't stand up any say F*** off RIAA,.They JUst Hand the Names over " Ok Heear Ya's Go Maasster, Comcast should Lose some customers over This ,just hand over policy
silicon dog

join:2003-01-01
O Fallon, MO
amen....the riaa will go down..i have forseen the future

skokie
Here I Go Again
Premium
join:2001-08-19
San Jose, CA
clubs:
2nd that!!!!

woody7
Premium
join:2000-10-13
Torrance, CA

Hmmmmmmmmmm

just maybe.......

Maxo
Your tax dollars at work.
Premium,VIP
join:2002-11-04
Tallahassee, FL
clubs:

Woot Woot

Can I get a Woot Woot?

ArchAngel21x
MacFan Pro
Premium
join:2001-10-28
Lincoln, NE
·Internet Nebraska

Re: Woot Woot

said by Maxo See Profile:
Can I get a Woot Woot?
Woot Woot! Raising the roof. All of that and then some
--
Death Is Irrelevant.

Balzer
Cat Man Dew

join:2000-12-18
Tulsa

Good for them

Like I said here:

»Re: How does SBC stand RE: recent RIAA activity?

MarkyD
Premium
join:2002-08-20
Oklahoma City, OK
clubs:

Re: Good for them

RIGHT F'N ON, SBC! For once, I am proud of the evil empire.
--
I'm waiting for the new Powerbooks.

CO_Chris
Premium
join:2001-08-28
Broomfield, CO
·Comcast
·Earthlink Cable Mo..
·Comcast Digital Vo..

Re: Good for them

RIGHT F'N ON, SBC! For once, I am proud of the evil empire.

This says it all.. how funny.I hate them as much as any one else but its good to see them stand up and we all know SBC has BIg pockets
--
AMD Duron 950Mhz/256 Ram/Win Xp Pro/EarthLink Cable 2003/366

MoJeeper
The Stig in 2012
Premium
join:2000-10-20
Springfield, MO

Yes!!

WoW Get Some SBC !!!!!!
pnosker
Premium
join:2003-03-26
Stockton, NJ
clubs:

Check to see if you're on the subpoena list...

Here is an online directory of usernames/ip's that were subpoena'ed... check to see if you are on it, hopefully you will get lucky and SBC's claims will overrule the RIAA's Stupidity

Link:»www.eff.org/IP/P2P/riaasubpoenas/

Check back sometime though... cause around 75 subpoenas are added every day.

Shamayim
I already have a Messiah.
Premium
join:2002-09-23

Finally, some balls.

Let's hope it becomes a movement!

footballdude
Premium
join:2002-08-13
Imperial, MO

California

Wasn't it a California judge that ruled against the RIAA earlier this year when they went after Kazaa? Maybe those SBC lawyers know a thing or two.

onsitede
Hot Hot Hot

join:2000-11-24
Broad Brook, CT
clubs:
·Comcast


Re: California

Yes, but was not Kazaa.

»winamp.com/news.jhtml;$sessionid···id=10000
[text was edited by author 2003-07-31 10:15:33]

wolfox
Gentle Wolfox

join:2002-11-27
Dunnellon, FL

Re: California

It is curious that this would be on the Winamp site. Winamp is owned by Nullsoft. Nullsoft's owned by Time-Warner/AOL... Most curious.

(Goes back to watching and waiting)
--
Nothwest Arkansas' ONLY all Techno Radio Webcast, powered by SBC DSL!

Transmaster
Don't Blame Me I Voted For Bill and Opus

join:2001-06-20
Cheyenne, WY

Battle of the titans

Well now I think the battle is joined. I am going to sit back stay off of Kazaa, and watch the war begin.
--
low Brass Rules!

Cougar311

join:2002-07-18
USA

Worried...

What I am really worried about is that some kid is gonna get sued and go Ape Sh*t and start shooting off rounds at people or something cause he is getting sued....I think the RIAA is treading on thin ice here.

Balzer
Cat Man Dew

join:2000-12-18
Tulsa
·Cox HSI

Re: Worried...

said by Cougar311 See Profile:
What I am really worried about is that some kid is gonna get sued and go Ape Sh*t and start shooting off rounds at people or something cause he is getting sued....I think the RIAA is treading on thin ice here.
I 2nd that.

techwench
I Work For Food
Premium
join:2003-06-26
Sherman, TX

said by Cougar311 See Profile:
What I am really worried about is that some kid is gonna get sued and go Ape Sh*t and start shooting off rounds at people or something cause he is getting sued....I think the RIAA is treading on thin ice here.
I 3rd that.

calvoiper

join:2003-03-31
Belvedere Tiburon, CA

Re: Worried...

Perhaps RIAA has thought of that as well. I didn't look exhaustively, but it appears their address is no longer on their website...

Calvoiper
--
VoIP--the death knell of remaining voice monopolies!

techwench
I Work For Food
Premium
join:2003-06-26
Sherman, TX

Re: Worried...

said by calvoiper See Profile:
Perhaps RIAA has thought of that as well. I didn't look exhaustively, but it appears their address is no longer on their website...
Ahahahaha. That's too funny...coincidence or not.

CO_Chris
Premium
join:2001-08-28
Broomfield, CO
Can i 4Th that?

Unit649
I B U, Who U B?
Premium
join:2000-01-22
Stockton, CA
·Comcast

I'd be more concerned that said kid will look to suicide as the way out of the problem, when the crime he committed isn't nearly as bad as murder or anything else.

I have a funny feeling when it happens the RIAA won't be trumpeting it like they do their "issued another 2000 subpoenas this week" BS.
--
U ::::Founder, ForeverChat IRC Network:::: »www.foreverchat.net

spenster

join:2001-04-03
Houston, TX
4th.

Motion passed.

Pirate515
Premium
join:2001-01-22
Brooklyn, NY

said by Cougar311 See Profile:
What I am really worried about is that some kid is gonna get sued and go Ape Sh*t and start shooting off rounds at people or something cause he is getting sued...I think the RIAA is treading on thin ice here.
Well, I hope he won't start shooting off rounds at just about anyone out there on the street, but I do hope that he walks into RIAA HQ with a chain-gun in each of his hands and starts shooting everything that moves there.
--
Ask me no questions, and I'll tell you no lies...
DOWN WITH NAZISM, FASCISM AND COMMUNISM!!! BOYCOTT RIAA!!!

CanOpener4

join:2003-06-23
Brooklyn, NY

Re: Worried...

said by Pirate515 See Profile:
Well, I hope he won't start shooting off rounds at just about anyone out there on the street, but I do hope that he walks into RIAA HQ with a chain-gun in each of his hands and starts shooting everything that moves there.
I 2nd that
--
Bad canadians, bad, bad, bad canadians!

WVA

@covad.net

And I 2nd and 4th amendment that! Really, if soneone does take out the RIAA, how could you ever get a jury to convict once the sleazyness is displayed? Besides, it might make the RIAA start to think about who they are going to sue. (nah, that takes brains, never less a mind).

mabus
Dissociated But Not Disconnected

join:2002-11-12
Fort Wayne, IN

Class action dreams?!?

maybe this will go class action, and other large ISP's (Comcast, MSN, Verizon, etc...) will gang up to take out these RIAA thugs. One can only hope.
--
"We can't stop here... this is bat country!" -Hunter S. Thompson
dirtrat4

join:2001-10-08
Woodland, CA

YES!

Its about time some of these big ISP's had some Balls and stood up to these people! Good luck SBC.

Too lazy to register

@attbi.com

Bah!

While this appears to go against RIAA, it has really been done for SBC itself, not its customers. Corporate posturing appearing to supporting privacy.

Bah. I am cynical.
baddawwg

join:2003-06-25
Saint Louis, MO

Re: Bah!

Of course it's for themselves.

SBC.......defending your right to privacy.....

Now offering internet services for only $30 per month.

Who cares what their reason is. Let's just be happy they and Verizon are willing to take the RIAA on.
baddawwg

join:2003-06-25
Saint Louis, MO

Courts will decide.

I still think that the courts will ultimately uphold due process and privacy rights, which are being trampled by the RIAA via the DCMA. That will effectively end the draconian tactics. Bravo to SBC and other ISP's that will probably join in now for defending privacy rights. They are not defending file sharing; they are defending privacy.

soon enough

@adelphia.net

Re: Courts will decide.

it starts with a trickle...

Karl Bode
News Guy
join:2000-03-02

Host:
Road Runner
PC gaming GAMES
PC gaming Tech
Actually, I think they're defending their pocketbooks from the revenue it will cost to process the subpoenas, and to generate a little good PR in the process.

I don't buy for a second that these Bells, that shirk consumers at every turn, that lobby to remove state oversight, that sell user information under the table to any number of sleaze-lords....give the slightest shit about their user's privacy.

I think perhaps now and again there's a bell attorney who feels it's "the right thing to do", but in the end the law will bend to the mighty dollar, the bells won't want to spend money to continue the fight, and you'll find yourself on a raft; sold upstream.

If the supreme court gets involved and rules that the DMCA can't be used in this manner is a different animal.....but I for one won't be holding my breath.

Aramis604
I Represent Nobody But Myself.
Premium
join:2000-12-15
Poway, CA
clubs:

Surprise, Surprise

Well, I knew that other telco's would eventually stand up just like Verizon did, but I would have never guessed that SBC would be the first. Well, good for them. Hopefully SBC will have better luck; they certainly have a bigger money pool to draw from, and more experienced lawyers.
--
When all else fails, run like hell!
Crypto_Bug

join:2001-05-31
Torrington, CT

YES!

We need to have someone like MSN to stand up and fight them. Lets get some of those billions of dollars Microsoft has in their cash stash involved in this fight.

tekmunki
Tekmunki
Premium
join:2001-12-06
Lake City, FL
clubs:

w00t

hrmmm, i think i have a new favorite ISP. GO BELL.
shadow520

join:2002-04-03
Warren, MI

Court of Appeals

Here's another thought:

The 9th circuit court of appeals in San Francisco is the most bizarre court in the nation. When this case goes there (it will), what are they going to say?

They voted to remove the words "under god" from the pledge of allegiance, they very well could rule the DCMA is unconstitutional. Wouldn't that be nice?
--
Common sense is not all that common.

footballdude
Premium
join:2002-08-13
Imperial, MO

Re: Court of Appeals

They are also the most overturned court in the US. I don't know that the supreme court would much care about this, though.

UnKown
The Underground Network

join:2002-09-08
Orlando, FL
·Earthlink Cable Mo..

LOOK!

i was curious about who would want to host the riaa.org web site so i did a little dns.

Hostname: www.riaa.com
IP address: 68.163.90.10
Aliases: 2 address(es)
68.163.90.10
146.82.174.10

i saw 68. and laughed, i was like thats a cable/dsl range what the hell are they hosting on a dsl line. so i was more curious.

Verizon Internet Services VIS-68-160 (NET-68-160-0-0-1)
68.160.0.0 - 68.163.255.255

now why in sans hell would Verizon Online be hosting there website?

Wills

join:2001-01-03
Port Charlotte, FL

Re: LOOK!

Just because they own the IP range doesn't mean that they are hosting the site.

It could very well be a reseller/hosting agency that has leased an IP range from Verizon and is reselling it to their customers. And that is more than likely the case.
--
Abit VP-6 twin 800EB's @ 1002 Mhz.Proud member of the XDC.

phxmark
What Country Are We Living In?

join:2000-12-27
Glendale, AZ

From www.arin.net

Search results for: ! NET-68-163-90-0-1

CustName: TST US
Address: 11311 Ashley Dr
City: Rockville
StateProv: MD
PostalCode: 20852
Country: US
RegDate: 2003-05-30
Updated: 2003-05-30

NetRange: 68.163.90.0 - 68.163.90.255
CIDR: 68.163.90.0/24
NetName: VZ-TSTS-1
NetHandle: NET-68-163-90-0-1
Parent: NET-68-160-0-0-1
NetType: Reassigned
Comment:
RegDate: 2003-05-30
Updated: 2003-05-30

NOCHandle: ZV20-ARIN
NOCName: Verizon Internet Services
NOCPhone: +1-703-295-4583
NOCEmail: noc@gnilink.net

OrgAbuseHandle: VISAB-ARIN
OrgAbuseName: VIS Abuse
OrgAbusePhone: +1-703-295-4583
OrgAbuseEmail: abuse@verizon.net

OrgTechHandle: ZV20-ARIN
OrgTechName: Verizon Internet Services
OrgTechPhone: +1-703-295-4583
OrgTechEmail: noc@gnilink.net

# ARIN WHOIS database, last updated 2003-07-30 19:15
# Enter ? for additional hints on searching ARIN's WHOIS database.
--
Still living on Dial-Up.

lotsofplstic

join:2003-04-02
Parsons, KS

said by UnKown See Profile:
i was curious about who would want to host the riaa.org web site so i did a little dns.

Hostname: www.riaa.com
IP address: 68.163.90.10
Aliases: 2 address(es)
68.163.90.10
146.82.174.10

i saw 68. and laughed, i was like thats a cable/dsl range what the hell are they hosting on a dsl line. so i was more curious.

Verizon Internet Services VIS-68-160 (NET-68-160-0-0-1)
68.160.0.0 - 68.163.255.255

now why in sans hell would Verizon Online be hosting there website?
I did a port scan here is what I found:
***WinIP*** o.isr00t = 1
Starting nmap V. 3.00 ( www.insecure.org/nmap )
Warning: OS detection will be MUCH less reliable because we did not find at least 1 open and 1 closed TCP port
Interesting ports on (68.163.90.10):
(The 1599 ports scanned but not shown below are in state: filtered)
Port State Service
80/tcp open http
443/tcp open https
No OS matches for host (test conditions non-ideal).
TCP/IP fingerprint:
SInfo(V=3.00%P=i686-pc-windows-windows%D=8/1%Time=3F2A0F99%O=80%C=-1)
TSeq(Class=TR%IPID=RD%TS=U)
T1(Resp=Y%DF=N%W=578%ACK=S++%Flags=AS%Ops=ME)
T2(Resp=Y%DF=N%W=578%ACK=O%Flags=R%Ops=)
T3(Resp=N)
T4(Resp=Y%DF=N%W=578%ACK=O%Flags=R%Ops=)
T5(Resp=N)
T6(Resp=N)
T7(Resp=N)
PU(Resp=N)
Nmap run completed -- 1 IP address (1 host up) scanned in 225 seconds
Just thought you would want to know what I found.
jsouth
Jsouth

join:2000-12-12
Wichita, KS

Chip away at them.

Even if Pac Bell loses it still takes money away from the RIAA.

dddane

join:2002-01-10
Chicago, IL

in sbc's interest

good for them... its in their selfish best interest... what percentage of people got broadband after they realized their mp3 downloads were sluggish on dial-ups?

onavi

join:2000-09-21
Porter Ranch, CA

Re: in sbc's interest

said by dddane See Profile:
good for them... its in their selfish best interest... what percentage of people got broadband after they realized their mp3 downloads were sluggish on dial-ups?
a good percentage of internet users or they got broadband for porn.

PunkGod

join:2003-02-02

GO PACBELL

3 cheers for this company woohoo
Forums » 'Procedural Gamesmanship'page: 1 · 2


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