RIAA Files Pack of Lies in Federal Court

by George Ziemann -- July 5, 2009

The RIAA has filed papers in Anderson v Atlantic claiming they have only sued 18,000 people. This is a lie (to a Federal court) which can easily be disproven by the RIAA's own press releases.

"...since the RIAA began bringing lawsuits against file-sharers in the fall of 2003,
it has filed more than 26,000 lawsuits."

RIAA Spokesperson -- MacWorld.com -- Nov 2007

 

I started with a quick Google search. The pattern developed pretty quickly and I hadn't even dug through my own writing yet.

Then I stumbled upon RIAA Watch, a blog which links to each and every RIAA press release from September 2003 to February 2006 concerning how many people they had sued. He forgot the first four from spring of 2003, but I'm not going to change his numbers. The site seems to have been abandoned since June 2006.

Please note that each and every link marked "RIAA PR" goes to a dead page. We will be using these addresses later to search through the Internet Archive's Wayback Machine.

Month

New Cases

Total Cases

Settled

Source

Sept 2003 261 261   RIAA PR
 

1,600
  USA Today
Oct 2003 80 341   Wired article
Dec 2003 41 382 220 RIAA PR
Jan 2004 532 914   RIAA PR
Feb 2004 531 1,445   RIAA PR
March 2004 532 1,977   RIAA PR
 April 2004 477 2,454   RIAA PR
May 2004 493 2,947   RIAA PR
June 2004 213 3,160   RIAA PR
 

3,400

600
FindLaw
July 2004

506

3,666
  RIAA PR
Aug 2004 744 4,410   RIAA PR
Sept 2004 762 5,172   RIAA PR
Oct 2004 750 5,922   RIAA PR
Nov 2004 761 6,683   RIAA PR
Dec 2004 754 7,437   RIAA PR
Jan 2005 717 8,154   RIAA PR
Feb 2005 753 8,907   RIAA PR
Apr 2005 405 9,312   RIAA PR
Apr 2005 725 10,037   RIAA PR
May 2005 740 10,777   RIAA PR
June 2005 784 11,561   RIAA PR
July 2005  

11,456

2,484
STEVE KNOPPER -- Rolling Stone
756 12,326   RIAA PR
Aug 2005 754 13,080   RIAA PR
Sept 2005 757 13,837   RIAA PR
Oct 2005 745 14,582   RIAA PR
Nov 2005 754 15,336   RIAA PR
Dec 2005 751 16,087   RIAA PR -- WayBack Machine
Jan 2006 750 16,837   RIAA PR -- WayBack Machine
Feb 2006 750 17,587   RIAA PR

I looked up a couple of the press releases at the WayBack Machine. They were accurate. For further verification, well, that's what law students are for. Also, the numbers from FindLaw and Steve Knopper of Rolling Stone magazine reflect totals in the range of the press releases. They were not added into the final total of 17,587 lawsuits. At the end of February, 2006.

Fast forward ahead to July, 2009. In a filing by the RIAA's Matt Oppenheim in Anderson v Atlantic,

Slight deviations. I also find the choice of words interesting. These are the "individuals contacted," not the individuals sued, threatened, etc. As a result, it should be a much larger number, which should include all of the "pre-litigation notices" it started sending out in 2006. Either that, or the RIAA is expecting us to believe they've only sued 413 lawsuits since Feb. 2006.

Again, they contacted "over 18,000 people." There may be "slight deviations" from the actual numbers, which was only 413 lawsuits away from the 18,000 mark three and a half years ago -- according to the totals from the RIAA press releases.

I guess that if you've sued 35,000 people, it would still be technically correct to say you sued more than 18,000.

Okay, we've established that the 18,000 figure does, in fact, include the cases for which no actual lawsuit was filed. In July 2005, more than 2400 people had already settled. More than half of the 4000 cases that settled did so after the introduction of the "pre-litigation letter," which emerged in 2006.

Notice how items 8 and 9 tries to restate the number of people who settled or, at the very least, confuse the issue.

Total cases -- 18,000
Became a lawsuit -- 7,000
Settled -- 4,000
Record label chose not to sue -- 7,000

I wonder which group the dead people were in. Most of them seem to have had a lawsuit filed.

So where were we...? Oh yeah, 2006.

Month

New
Cases

Total
Warning
Letters

Total Cases
(RIAA)

Total Cases
(Other Sources)

Source

Feb 2006 750   17,587   RIAA PR
Mar 2006      

17,800
The Villager -- NYU
June 2006      

15,000
Mudd Law Offices
July 2006      

20,000
EFF
           
Feb-Mar 2007 503

2926

20,513
  RIAA PR
Sept. 2007

407

3333

20,920
  RIAA PR
     

20,000 - 30,000
EFF
Oct 2007  

3600

21,178

26,000
TechSpot
     

26,000
E-Commerce News
Dec 2007      

20,000
University of Iowa copyright guidelines
Jan 2008

407

4007

21,594
  RIAA PR
     

20,000
Wired
Sept 2008      

30,000
Wired
Dec 2008      

35,000
RAIN -- Radio and Internet News
     

35,000
Music Biz Academy Paul Resnikoff, Publisher Digital Music News
Jan 2009      

30,000
OnlineMediaDaily

One thing is clear -- Either the RIAA has been lying to us, consistently, for more than 6 years, feeding us inflated numbers of their inquisition against music fans OR they're lying about it now. In a federal court.