A New York 12 year old sued for file swapping

[Steve J. Rogers 0]

From today's NY Daily News:

 

http://www.nydailynews.com/front/story/116...7p-104761c.html

 

Sued for a song

 

N.Y.C. 12 yr.-old among 261 cited as sharers

 

By SONI SANGHA and PHYLLIS FURMAN

DAILY NEWS WRITERS

 

 

Brianna LaHara, 12, sits at home computer, where she uses $29.95 service to download music from Internet. Yesterday, music industry group sued her. 

 

A shy Manhattan schoolgirl who gets a kick out of nursery songs and TV themes was among 261 people sued yesterday for downloading music from the Internet.

Brianna LaHara, a curly-haired 12-year-old honor student who started seventh grade yesterday at St. Gregory the Great Catholic school on W. 90th St., couldn't believe she's one of the "major offenders" the music moguls are after.

 

"Oh, my God, what's going to happen now?" she asked after hearing of the suit. "My stomach is all in knots."

 

Told she may have to go to court, Brianna's eyes widened behind wire-rimmed glasses and she said, "I'm just shocked that of all the people that do this, I'm on the list."

 

The Recording Industry Association of America said the suits filed yesterday included about 60 that targeted suspects in New York who downloaded more than 1,000 songs.

 

The group blames computer users such as Brianna, who use software programs to trade music with others on the Internet, for a 30% drop in music sales.

 

Each person sued yesterday could be liable for fines up to $150,000 for each poached track.

 

'Appropriate action'

 

Experts had predicted a large number of the suits likely would name youngsters.

 

"Nobody likes playing the heavy and having to resort to litigation, but when your product is being regularly stolen, there comes a time when you have to take appropriate action," said Carey Sherman, president of the recording association.

 

Sherman warned that the group may file thousands more lawsuits against people who use programs like KaZaA, Grokster, Gnutella, Blubster and iMesh.

 

Brianna's mother, Sylvia, 40, director of a nurse placement agency, said her daughter was helping her 9-year-old brother with his homework when the Daily News arrived at their apartment on W. 84th St. with word about the suit.

 

"For crying out loud, she's just a child," the mother said. "This isn't like those people who say, 'My son is a good boy,' and he's holding a bloody knife. All we did was use a service."

 

The mother said she signed up for KaZaA, paying a $29.95 fee. "If you're paying for it, you're not stealing it, so what is this all about?" she asked.

 

She said Brianna downloaded music by Christina Aguilera and Mariah Carey, along with the themes to television shows like "Family Matters" and "Full House" - and even the nursery song, "If You're Happy and You Know It."

 

"That's really threatening to the music industry," she scoffed.

 

"If this was something we were profiting from, that's one thing. But we were just listening and sometimes dancing to the music," said the mother.

 

She vowed to get a lawyer to fight the suit, which she termed "ridiculous."

 

Okay,

 

1) You KNEW this stuff was going to come out, its the whole "Lets not get to the root of the problem and slap the wrists of the pimple faced suburban teen selling pot on the corner" mentality about how to fight a problem and then the "outrage" over who gets caught but...

 

2) Anyone who even surfs the net causally HAS to know there is something controversial about file swapping, so don't make it out like "Oh I'm a naive kid who paid for this program!" BS, you can pay for a cable descrambler, that doesn't make it clean and legal. Sure filmmakers aren't going to sue you, but still, you pay for a illegal service. And plus, even if you DON'T know about the controversy, warning signals must go up that you are getting all these complete song files for basically a one-time peanuts fee. "Hmmm, this program, for ONLY 29.95, is letting me download all these great songs and such! Boy those music labels must know they are losing their shirts on this deal!" And its your call if you think its ethical or not, if you think "I'm not profiting from these files, there for my own personal use, ect" then you are probably in the clear in terms of your own conscience (I'm not judging, but its like purchasing a bootleg copy of a movie for your own personal collection)

 

Its not that I don't feel some sense for all the "innocent" 12 year olds on the lawsuit list, its just the "outrage" that the mass media has over this, especially at the same time, they are the ones doing all the public service stories about how bootleg tapes/DVD makers/sellers rip off both the film industry AND the consumers.

 

Steve

[Guest Salacious Crumb]

It's a really horrible PR move by the RIAA to do this.

 

They already aren't the most popular people in the world and they could've found some better targets than a 12 yr. old that has no money.

[Dr. Tom 0]

It's a really horrible PR move by the RIAA to do this.

 

They already aren't the most popular people in the world and they could've found some better targets than a 12 yr. old that has no money.

Her parents have money, though, and that's their point.

 

Personally, I've found the RIAA to be excreable for years. Instead of embracing the wide availability P2P would give their products, they've chosen to fight the losing battle and refuse to update their business model. Fuck them. To me, file swapping is a form of civil disobedience, and I'm happy to be civilly disobedient.

[Steve J. Rogers 0]

It's a really horrible PR move by the RIAA to do this.

 

They already aren't the most popular people in the world and they could've found some better targets than a 12 yr. old that has no money.

Agreed, its just even more laughable to see "sob" stories like these in the press though.

 

Like I said, its like chasing the 15 year old suburbian kid selling pot on the corner rather than going after the paper trail that fronts the kid

 

Steve

[Guest Plushy Al Logan]

Is there anyway I could send a nasty message to the RIAA, this shit is just uncalled for. Even though I'm a cold-hearted monster, who has never dowlaoded a song, I feel that there should be a mass e-mailing campaign against these assholes.

 

 

[email protected]

 

::Walks away and whistles::

 

Eh, close enough.

[Steve J. Rogers 0]

The mother said she signed up for KaZaA, paying a $29.95 fee. "If you're paying for it, you're not stealing it, so what is this all about?" she asked.

 

That is the quote I love though, as I said, if I buy a cable descrambler, or an illegal Direct TV card (and I don't BTW) I guess I'm NOT stealing porn channels? I'm NOT stealing free PPVS and free premium movie channels?

 

Boy, get me a descrambler STAT! (just joking)

 

Steve

[Steve J. Rogers 0]

Double Post

[kkktookmybabyaway 0]

Bitch shouldn't have been downloading songs.

 

Throw the book at her, I say. She's probably taking these songs and selling them on the black market, or worse yet, selling them to terrorists.

 

I put this story under the My-Dog-got-called-for-Jury-Duty-and-got-offered-a-credit-card file...

[Ripper 0]

The mother said she signed up for KaZaA, paying a $29.95 fee. "If you're paying for it, you're not stealing it, so what is this all about?" she asked.

 

That is the quote I love though, as I said, if I buy a cable descrambler, or an illegal Direct TV card (and I don't BTW) I guess I'm NOT stealing porn channels? I'm NOT stealing free PPVS and free premium movie channels?

 

Boy, get me a descrambler STAT! (just joking)

 

Steve

Those two things aren't comparable.

 

When you buy a descrambler, you are paying for the equipment to steal cable. It isn't illegal to own, you just have to call your cable provider and tell them you switched to independant service.

 

Now it is actually believeable that this lady, paying 30 dollars a month for a downloading service didn't believe that she was doing anything wrong seeing as the RIAA themselves keep harping about these "great" programs where you can pay to download songs legally.

[Golgo 13 0]

I'm thinking she should have the book thrown at her. Not for downloading mp3s, but for wanting to listen to the Family Matters and Full House themes.

[Guest Plushy Al Logan]

I'm thinking she should have the book thrown at her. Not for downloading mp3s, but for wanting to listen to the Family Matters and Full House themes.

Well I..................

 

 

::Leave thread before embarassing self::

[Golgo 13 0]

Too late, Mario. You embarassed yourself long ago.

 

[dumb winking smiley here]

[Guest Plushy Al Logan]

Too late, Mario. You embarassed yourself long ago.

 

[dumb winking smiley here]

How is that?

[bob_barron 0]

I downloaded the Family Matters theme.

 

As Days Go By owns you

[Ripper 0]

I'm thinking she should have the book thrown at her. Not for downloading mp3s, but for wanting to listen to the Family Matters and Full House themes.

Well...maybe she had downloaded that porn with the girl that used to be on family matters and wanted to dub the old theme over it. It would be like a art piece...only porn.

[Jobber of the Week 0]

She's probably taking these songs and selling them on the black market, or worse yet, selling them to terrorists.

When you buy Kazaa (WTF? ) you're supporting terrorism!

 

 

Illegal MP3s flew those planes into those buildings!

[Red Hot Thumbtack In The Eye 0]

In theory, every person who has ever signed onto the internet has broken the copy protect law, or whatever the fuck it's called. Webpages are copyrighted, and your computer stored these pages on the computer.

 

OMG RIAA HYPOCRITES~!

 

Whatever, still not worried

[NoCalMike 0]

This is an appropriate spot for yet another......

 

FUCK THE RIAA

[Red Baron 0]

In theory, every person who has ever signed onto the internet has broken the copy protect law, or whatever the fuck it's called. Webpages are copyrighted, and your computer stored these pages on the computer.

 

OMG RIAA HYPOCRITES~!

 

Whatever, still not worried

don't forget the invasion of privacy.

 

If I got caught and sued, I'd fight it, there's ways in crippling the RIAA

[Ripper 0]

In theory, every person who has ever signed onto the internet has broken the copy protect law, or whatever the fuck it's called. Webpages are copyrighted, and your computer stored these pages on the computer.

 

OMG RIAA HYPOCRITES~!

 

Whatever, still not worried

don't forget the invasion of privacy.

 

If I got caught and sued, I'd fight it, there's ways in crippling the RIAA

Well, you could just turn every CD you own into MP3 format and trade them with a friend who has the same CDs. You could be trading the same songs thousands of times a week...or day and the RIAA would target you. Niether of you would have broken the law and you can counter sue for the stress of being sued put on your dying puppies heart or something.

[MrRant 0]

The mother said she signed up for KaZaA, paying a $29.95 fee. "If you're paying for it, you're not stealing it, so what is this all about?" she asked.

 

That is the quote I love though, as I said, if I buy a cable descrambler, or an illegal Direct TV card (and I don't BTW) I guess I'm NOT stealing porn channels? I'm NOT stealing free PPVS and free premium movie channels?

 

Boy, get me a descrambler STAT! (just joking)

 

Steve

Those two things aren't comparable.

 

When you buy a descrambler, you are paying for the equipment to steal cable. It isn't illegal to own, you just have to call your cable provider and tell them you switched to independant service.

How in the fuck do you switch on an "independent" service when you are hooking up the box to our lines? If you cancel service then you have somehow climbed the pole and removed OUR filter from OUR tap on OUR lines. Your ass goes to jail. End of story.

[Ripper 0]

The mother said she signed up for KaZaA, paying a $29.95 fee. "If you're paying for it, you're not stealing it, so what is this all about?" she asked.

 

That is the quote I love though, as I said, if I buy a cable descrambler, or an illegal Direct TV card (and I don't BTW) I guess I'm NOT stealing porn channels? I'm NOT stealing free PPVS and free premium movie channels?

 

Boy, get me a descrambler STAT! (just joking)

 

Steve

Those two things aren't comparable.

 

When you buy a descrambler, you are paying for the equipment to steal cable. It isn't illegal to own, you just have to call your cable provider and tell them you switched to independant service.

How in the fuck do you switch on an "independent" service when you are hooking up the box to our lines? If you cancel service then you have somehow climbed the pole and removed OUR filter from OUR tap on OUR lines. Your ass goes to jail. End of story.

No, company boy, the law says that you can own a cable descrambler, you just have to cancel service with the cable company. If you don't then you are breaking the law.

[Guest Smell the ratings!!!]

The mother said she signed up for KaZaA, paying a $29.95 fee.

eh....what?

[Vern Gagne 0]

She's probably taking these songs and selling them on the black market, or worse yet, selling them to terrorists.

When you buy Kazaa (WTF? ) you're supporting terrorism!

 

 

Illegal MP3s flew those planes into those buildings!

You beat me to it.

[Guest MikeSC]

In theory, every person who has ever signed onto the internet has broken the copy protect law, or whatever the fuck it's called. Webpages are copyrighted, and your computer stored these pages on the computer.

 

OMG RIAA HYPOCRITES~!

 

Whatever, still not worried

don't forget the invasion of privacy.

 

If I got caught and sued, I'd fight it, there's ways in crippling the RIAA

Well, you could just turn every CD you own into MP3 format and trade them with a friend who has the same CDs. You could be trading the same songs thousands of times a week...or day and the RIAA would target you. Niether of you would have broken the law and you can counter sue for the stress of being sued put on your dying puppies heart or something.

Of course, WHY the heck would you want to dp that?

-=Mike

[Ripper 0]

Well, the going rate on mental anguish is about 2-5 million. And since its the RIAA I would go for 50-60 million.

 

I get 10% since its my idea. Now go...DO IT!!!

[MrRant 0]

The mother said she signed up for KaZaA, paying a $29.95 fee. "If you're paying for it, you're not stealing it, so what is this all about?" she asked.

 

That is the quote I love though, as I said, if I buy a cable descrambler, or an illegal Direct TV card (and I don't BTW) I guess I'm NOT stealing porn channels? I'm NOT stealing free PPVS and free premium movie channels?

 

Boy, get me a descrambler STAT! (just joking)

 

Steve

Those two things aren't comparable.

 

When you buy a descrambler, you are paying for the equipment to steal cable. It isn't illegal to own, you just have to call your cable provider and tell them you switched to independant service.

How in the fuck do you switch on an "independent" service when you are hooking up the box to our lines? If you cancel service then you have somehow climbed the pole and removed OUR filter from OUR tap on OUR lines. Your ass goes to jail. End of story.

No, company boy, the law says that you can own a cable descrambler, you just have to cancel service with the cable company. If you don't then you are breaking the law.

You can have a descrambler in your house with our service... you hook it up is when the issue arises. What would be the point of having one if you aren't going to steal service?

[Guest stardust]

I'm sure the artists lost SOOOO much money when this girl downloaded the Full House theme. *rolls eyes* And paying for Kazaa. Huhwah?

 

I'm just still pissed that the campus internet service is monitoring our computers to make sure we're not using file sharing networks, and if we get caught, our asses get booted from school. I've had to resort to getting a friend to download stuff for me and send it to me over AIM. And if they get me for that, oh, I'm so claiming invasion of privacy. Making sure excessive downloading isn't going on is one thing. Monitoring AIM conversations, that's a whole other issue. Stupid freaking paranoid college...

[Styles 0]

Started at University of Delaware, this past week. They have this whole campaign called "code of the web" where the point is we're on our honor not to hog bandwidth by downloading files. Well so much for that spin, because I got this ominous email. Yippee.

 

Music artists and their advocates have recently begun taking an active

role in seeking out and prosecuting students who are downloading and

sharing copyrighted materials from the internet. Under the terms of

the US Digital Millennium Copyright Act, lawyers representing the

recording industry have started issuing subpoenas to universities

seeking the names and addresses of those students who have been

violating federal laws.

 

The University of Delaware intends to comply with such subpoena

requests, and may or may not provide notice to the particular students

about whom information is sought. With this e-mail, you are on notice

that the University intends to comply with legal requirements to

disclose information to industry representatives.

 

You should also be aware that those found guilty face penalties ranging

from $750 - $150,000 per downloaded file. For more information

regarding the Digital Millennium Copyright Act see

 

http://www.educause.edu/issues/issue.asp?issue=dmca

http://www.educause.edu/issues/issue.asp?issue=p2p

http://www.loc.gov/copyright/

[MarvinisaLunatic 0]

They got the Kazaa Pro. Its basically Kazaa Lite, but its not free. Kazaa is trying to take legal action against Kazaa lite (and other variations). That in and of itself is funny, but whats funnier is that people would pay $30 for something they could probably find on Kazaa for free (a crack for Kazaa Pro).

 

Also, just like I said in some thread a while ago, the RIAA is trying to use the fact that kids can access pornography and that theres child pornography on the P2P services to shut it down.

And while the fact remains that you can get either on the internet alone, my guess is that the government orders all of the P2P programs to be illegal and makes ISPs turn in people who use them since people usually feel stronger about child porn than they do about the RIAA's problems.