Tampa resident Suzy Del Cid was sued by the Recording Industry Association of America (RIAA) for allegedly downloading files on a peer-to-peer network illegally. You may have heard that the RIAA is suing lots of folks (including many USF students) to “send a message” that downloading files is not nice. The RIAA doesn’t know if they can win these lawsuits, but in many cases the defendant simply hasn’t got the wherewithal to fight it, and ends up settling. But Del Cid is not gonna just roll over. She has filed a countersuit:
In a new Tampa, Florida, case, UMG v. Del Cid, the defendant has filed the following five (5) counterclaims against the RIAA, under Florida, federal, and California law:
1. Trespass
2. Computer Fraud and Abuse (18 USC 1030)
3. Deceptive and Unfair Trade Practices (Fla. Stat. 501.201)
4. Civil Extortion (CA Penal Code 519 & 523)
5. Civil Conspiracy involving (a) use of private investigators without license in violation of Fla. Stat. Chapter 493; (b) unauthorized access to a protected computer system, in interstate commerce, for the purpose of obtaining information in violation of 18 U.S.C. § 1030 (a)(2)(C); (c) extortion in violation of Ca. Penal Code §§ 519 and 523; and (d) knowingly collecting an unlawful consumer debt, and using abus[ive] means to do so, in violation of the Fair Debt Collection Practices Act, 15 U.S.C. § 1692a et seq. and Fla. Stat. § 559.72 et seq.
I think she may have something there on the last item – the use of private investigators without a license in Florida. But then again, I’m just a knucklehead with a computer – not a lawyer.
Lee Nelson
2 years ago
If anyone has a web site where we can donate to her cause please post it.