RIAA Thrown Into Briar Patch

C|Net News (among many others) reports that the RIAA has begun to start a new round of lawsuits (Record industry warns of new lawsuits). The twist this time is that the RIAA is first sending out letters to those targeted, warning them that a lawsuit is imminent. The letter gives the targeted individuals ten days to respond to the RIAA before a lawsuit is filed. The head of the RIAA, Cary Sherman had this statement:

We take the concerns expressed by policy makers and others very seriously. In light of the comments we have heard, we want to go the extra mile and offer illegal file sharers an additional chance to work this out short of legal action.

Wonderful things, those letters. The RIAA can settle embarrassing lawsuits before the press gets ahold of the information regarding the targeted individuals. In the first wave of lawsuits, the targets were often made aware of their status by the press, who had access to the filings before the individuals targeted did. Now the RIAA has fewer worries about the story of their lawsuits being spun against them. No doubt settlements prior to lawsuit with potentially embarrassing and telegenic defendants will be confidential as a condition of the settlement. More importantly, few will know the names of the individuals actually targeted unless a lawsuit is filed, or one of the parties choose to notify the press.

Frankly, I was surprised the RIAA didn't take this tack in the first place. I had expected them to cherry pick their initial targets and go after pimply-faced anarchists or similar. Of course, if they had, I and many others would have jumped all over them for avoiding lawsuits against sympathetic individuals and there would be little else for them to do but to continue what are obviously unjust tactics (unjust even to those who consider the lawsuits legitimate) or change tactics to indiscriminate lawsuits.

Instead, the RIAA started with indiscriminate lawsuits, and has now chosen to use the tactic of discriminatory lawsuits as a "concession" to the concerns of those who weren't happy with the initial lawsuits. So, not only does the RIAA get the benefit of a tactic they probably prefer, they get praised for adopting it, according to the New York Times (reg. req.) (Record Industry Warns 204 Before Suing on Swapping):

"[Sen. Norm Coleman (R - MN)] certainly thinks it's [the warning letters] a step in the right direction, and wishes it had happened sooner." He [a spokesman for Coleman] added, "He wishes it hadn't taken a hearing to get it to happen."

Perhaps the RIAA isn't clever like a fox; they're clever like a rabbit ... a Brer Rabbit.