File-Sharing Defendant Says Tactics Are Illegal

By ADAM EMERSON The Tampa Tribune

Published: Jun 7, 2007

TAMPA - A local woman sued by the recording industry this year is fighting back, claiming record labels engaged in a "campaign of extortion" and used private investigators to invade her computer network illegally.

Suzy Del Cid alleges that private investigators working for the world's largest record labels "receive a bounty to invade private computers and private computer networks" to compile evidence of illegal music swapping.

Their targets are victims of "deceptive and illegal practices aimed at extorting money," Del Cid's claim in Tampa's federal court states.

Her argument comes at a time when record labels have focused their four-year music piracy fight on Tampa residents and college students, particularly those at the University of South Florida.

Most people stung by their accusations quietly settle their cases out of court to avoid the expense of fighting the deep-pocketed recording industry, which says it is losing billions of dollars in CD sales to rampant trafficking in digital music sharing.

Del Cid's claim, however, "is certainly the sign of somebody who's not going to roll over," said Barry Feingold, a Coral Springs lawyer who defends people facing such lawsuits.

Del Cid did not return phone calls left at her Tampa home Wednesday. Her Dade City attorney, Michael Wasylik, would not comment on the specific claims Del Cid made, but he said it's common for defendants to counter the recording industry's lawsuits.

Less common, however, is Del Cid's privacy and extortion challenge. When asked to respond to her argument, a recording industry executive said, "These sorts of counterclaims have been raised occasionally in the past, and courts in multiple instances have routinely rejected them.

"The theft of music is a serious crime," said Jonathan Lamy, senior vice president of communications for the Recording Industry Association of America, based in Washington.

Del Cid denies illegally downloading or swapping music files online, according to documents filed in federal court. As evidence, attorneys for the record labels show she visited the KaZaA file-sharing Web site and downloaded music from artists such as Avril Lavigne, Enrique Iglesias and Outkast.

Since 2003, record companies have sued more than 18,000 U.S. residents for illegally swapping music, often ensnaring parents and grandparents who later discover that their children downloaded music.

Del Cid is not a college student, her attorney said, but record labels have zeroed in on the nation's college campuses, particularly USF.

In the past few months, 81 USF students have received letters from industry giants such as Sony BMG Music Entertainment accusing them of music piracy and threatening lawsuits unless they pay $3,000 each. Only students at Ohio University surpassed them in the number of letters.

The letters threaten damages of $750 per song unless the recipient pays a $3,000 settlement within 20 days. Most students were found storing hundreds or thousands of songs.

The recording industry's investigators found Internet Protocol addresses registered to those students were used to swap music online. Attorneys for the record companies then asked the schools to forward the letters to students.

The industry has filed at least 14 "John Doe" lawsuits against USF students in Tampa's federal court, which allow the record labels to subpoena their names.

The process is similar to home computer networks, and it's on this that Del Cid has focused her fight.

"Service providers have no way of knowing the identities of the person or persons who may be using the computer or computer network at the time the record companies invade it," her claim states.

"Actual innocence is rarely a consideration to Plaintiffs," she continues. "These suits are designed to attract media attention, and often do, as stories emerge of Plaintiffs' suits against the elderly, disabled, technologically clueless, and other vulnerable victims."

Del Cid's claim doesn't specify what she is entitled to for the invasion she alleges, although she is seeking damages of more than $5,000.

Researcher Michael Messano contributed to this report. Reporter Adam Emerson can be reached at aemerson@tampatrib.com or (813) 259-8285.