Recording industry sues
Marysville 'pirate bazaar'
Sac Bee Excloo
MARYSVILLE 10/2/02 (YSN) -- The Recording Industry Association of America filed suit in Sacramento federal court Wednesday accusing the owner of the Marysville Flea Market of running a "pirate bazaar" for counterfeit CDs.
The suit alleges Richard Sinnott permits weekend vendors to peddle untold numbers of illegally copied compact discs and cassettes at his Sunday swap meet, thus cheating recording firms and superstar artists of copyright royalties.
Sinnott was aware the RIAA has objected in he past to his small market, but was surprised to hear he was being sued. He denied any responsibility for illicit disc sales.
"I'm a landlord, not a seller. I wouldn't know a good CD from a bad CD," Sinnott said.
The Marysville Flea Market meet was one of two swap meets the RIAA has targeted in coordinated lawsuits, and industry spokesman. Said. The other was Cole Antique and Village and Flea Market in Pearland, Texas, near Houston.
The complaint against Sinnott alleges "contributory and vicarious infringement of copyrights" and demands a jury trial.
While the MFM bills itself as a flea market, it would more accurately be characterized as a "pirate bazaar," since many of its vendors sell pirate and counterfeit compact discs and cassettes -- and Sinnott knows this, the lawsuit alleges.
"MFM employs security personnel whose duties include ensuring that these illicit vendors can operate without interference from law enforcement official and copyright owners," the lawsuit claims.
Moreover, Sinnott has rebuffed RIAA offers to train his staff in how to deal with illegal CD sales, the lawsuit alleges.
The lawsuit does not specify the damages it seeks, but these could be significant, according to Jeffrey Knowles, a San Francisco attorney representing the RIAA and the score of recording companies participating in the civil action.
"We're looking at profits, or $150,000 per violation...(and) Believe it or not, these little operations can sell a lot of CDs on a weekend," Knowles said.
Plaintiffs named in the lawsuit ranged literally from A to Z: from Arista Records to the Zomba Recording Company. The artists who are allegedly suffering from the from the counterfeit sales included Jennifer Lopez, Britney Spears, Vincente Fernandez and Elton John.
The Marysville Flea Market has been open Sundays only for at least 30 years and he has owned it for the last 11 years, Sinnott said.
One any given Sunday some 200 to 250 vendors converge on the market grounds on Simpson Lane to rent space to sell their wares, which run the gamut from bulk socks to used batteries.
RIAA investigators have been observing the operation since about 2000, Knowles said. Sinnott recalled speaking to investigators once last year.
"They want me to do their jobs for them. They want me to inventory every CD coming in here. That's asinine. I couldn't do that. They come in here sometimes by the truck load," Sinnott said.
Sinnott said he does not regularly retain an attorney, but because of the lawsuit must now must go out and hire one.
"And when this is done I'm going to go after them for making me get one," Sinnott said.
Knowles said he did not know how many similar swap meets there were in the US, nor why the RIAA had selected the Marysv9ille Flea Market for legal action, but Sinnott believed he did.
"Because I'm the cockiest. I threw (the RIAA investigators) out of my office and told them not to come back on my property without my permission."
Marysville 'pirate bazaar'
Sac Bee Excloo
MARYSVILLE 10/2/02 (YSN) -- The Recording Industry Association of America filed suit in Sacramento federal court Wednesday accusing the owner of the Marysville Flea Market of running a "pirate bazaar" for counterfeit CDs.
The suit alleges Richard Sinnott permits weekend vendors to peddle untold numbers of illegally copied compact discs and cassettes at his Sunday swap meet, thus cheating recording firms and superstar artists of copyright royalties.
Sinnott was aware the RIAA has objected in he past to his small market, but was surprised to hear he was being sued. He denied any responsibility for illicit disc sales.
"I'm a landlord, not a seller. I wouldn't know a good CD from a bad CD," Sinnott said.
The Marysville Flea Market meet was one of two swap meets the RIAA has targeted in coordinated lawsuits, and industry spokesman. Said. The other was Cole Antique and Village and Flea Market in Pearland, Texas, near Houston.
The complaint against Sinnott alleges "contributory and vicarious infringement of copyrights" and demands a jury trial.
While the MFM bills itself as a flea market, it would more accurately be characterized as a "pirate bazaar," since many of its vendors sell pirate and counterfeit compact discs and cassettes -- and Sinnott knows this, the lawsuit alleges.
"MFM employs security personnel whose duties include ensuring that these illicit vendors can operate without interference from law enforcement official and copyright owners," the lawsuit claims.
Moreover, Sinnott has rebuffed RIAA offers to train his staff in how to deal with illegal CD sales, the lawsuit alleges.
The lawsuit does not specify the damages it seeks, but these could be significant, according to Jeffrey Knowles, a San Francisco attorney representing the RIAA and the score of recording companies participating in the civil action.
"We're looking at profits, or $150,000 per violation...(and) Believe it or not, these little operations can sell a lot of CDs on a weekend," Knowles said.
Plaintiffs named in the lawsuit ranged literally from A to Z: from Arista Records to the Zomba Recording Company. The artists who are allegedly suffering from the from the counterfeit sales included Jennifer Lopez, Britney Spears, Vincente Fernandez and Elton John.
The Marysville Flea Market has been open Sundays only for at least 30 years and he has owned it for the last 11 years, Sinnott said.
One any given Sunday some 200 to 250 vendors converge on the market grounds on Simpson Lane to rent space to sell their wares, which run the gamut from bulk socks to used batteries.
RIAA investigators have been observing the operation since about 2000, Knowles said. Sinnott recalled speaking to investigators once last year.
"They want me to do their jobs for them. They want me to inventory every CD coming in here. That's asinine. I couldn't do that. They come in here sometimes by the truck load," Sinnott said.
Sinnott said he does not regularly retain an attorney, but because of the lawsuit must now must go out and hire one.
"And when this is done I'm going to go after them for making me get one," Sinnott said.
Knowles said he did not know how many similar swap meets there were in the US, nor why the RIAA had selected the Marysv9ille Flea Market for legal action, but Sinnott believed he did.
"Because I'm the cockiest. I threw (the RIAA investigators) out of my office and told them not to come back on my property without my permission."
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