RIAA sues 12-year-old girl

[Stone Ill]

Source (http://www.nypost.com/news/regionalnews/5349.htm)

September 9, 2003 -- The music industry has turned its big legal guns on Internet music-swappers - including a 12-year-old Upper West Side girl who thought downloading songs was fun.
Brianna LaHara said she was frightened to learn she was among the hundreds of people sued yesterday by giant music companies in federal courts around the country.

"I got really scared. My stomach is all turning," Brianna said last night at the city Housing Authority apartment on West 84th Street where she lives with her mom and her 9-year-old brother.

"I thought it was OK to download music because my mom paid a service fee for it. Out of all people, why did they pick me?"

The Recording Industry Association of America - a music-industry lobbying group behind the lawsuits - couldn't answer that question.

"We are taking each individual on a case-by-case basis," said RIAA spokeswoman Amy Weiss.

Asked if the association knew Brianna was 12 when it decided to sue her, Weiss answered, "We don't have any personal information on any of the individuals."



Brianna's mom, Sylvia Torres, said the lawsuit was "a total shock."

"My daughter was on the verge of tears when she found out about this," Torres said.

The family signed up for the Kazaa music-swapping service three months ago, and paid a $29.99 service charge.

Usually, they listen to songs without recording them. "There's a lot of music there, but we just listen to it and let it go," Torres said.

When reporters visited Brianna's home last night, she was helping her brother with his homework.

Her mom said Brianna's an honors student at St. Gregory the Great, a Catholic school on West 90th Street.

Brianna was among 261 people sued for copying thousands of songs via popular Internet file-sharing software - and thousands more suits could be on the way.

"Nobody likes playing the heavy and having to resort to litigation," said Cary Sherman, the RIAA's president. "But when your product is being regularly stolen, there comes a time when you have to take appropriate action."

At the same time, the RIAA offered amnesty to file-swappers who come forward and agree to stop illegally downloading music over the Internet.

People who already have been sued are not eligible for amnesty.

Brianna and the others sued yesterday under federal copyright law could face penalties of up to $150,000 per song, but the RIAA has already settled some cases for as little as $3,000.

"It's not like we were doing anything illegal," said Torres. "This is a 12-year-old girl, for crying out loud."

Additional reporting by Tim Arango

[Reznorite420]

Already read it on forum...not gonna comment about it again.

Except this:

"It's like we were doing anything illegal."

:lol:

Yeah, and a photographer doesn't use a camera either...

[Donatello007]

UMMMMMMMMMMM...............................
How do i apply for that thing that gets me out of it?

[SkaterMike]

...maybe if stores didn't charge $20 for a new cd....

anyways, I think the whole thing is stupid. Don007, they can't get you unless you gave them personal information when you signed up (thats how they got this girl, because her family subscribed to it). And I don't think they're going to trace 6 Million IP's.

Personally, music through the internet has actually made me buy MORE cds. I've discovered countless bands through downloading new music that I wouldn't have heard hadn't it been for the internet. If I like it, and I can find it in a store (some of it's indie stuff), I'll buy it and delete it off my pathetically slow computer. Or, if it's crap, I just saved myself some cash.

[GK Punk]

ACtually, the RIAA is searching on Kazaa for anyone sharing files by artists that the RIAA represents, it will then record your user ID, Download the file to make sure it's a legit MP3, then they will search your Shared folder And take a "Snap Shot" of it to use it in litegation.

The whole things reeks of BS to me, it sounds like they are hacking to see your shared folder. (Thats the impression I got from the news)

If you must File Share/Song swap, remember to use the latest K-Lite instead of Kazaa, and use Peer Gaurdian as well.

[PS to Krang or Shredder, Sorry if I'm not allowed to give that information, feel free to delete it if I stepped out of line]

[Stone Ill]

Personally, music through the internet has actually made me buy MORE cds. I've discovered countless bands through downloading new music that I wouldn't have heard hadn't it been for the internet. If I like it, and I can find it in a store (some of it's indie stuff), I'll buy it and delete it off my pathetically slow computer. Or, if it's crap, I just saved myself some cash.

That's exactly how I feel. I'll listen to the CD to see if I like it before I buy it. It just makes sence.

And another thing, I heard that if you're outside of the US, they won't track you.

[trisha]

I deleted kazaa of my computer a while ago, because I dont really use it much. But just recently I downloaded it again to get some new songs wanted and it still had all of my old music files. How do I get all my music and video files on Kazaa to go away, as well as kazaa. Because I dont want this to happen to me. Thanks for the help

[That Matt Guy]

I wouldn't be afraid of that crap. Do they really think they will be able to send out a million lawsuits?

[Eye of Sarnath]

I'm just waiting for this all to blow over... you know it will. There really is no way they can stop piracy.

[GK Punk]

I deleted kazaa of my computer a while ago, because I dont really use it much. But just recently I downloaded it again to get some new songs wanted and it still had all of my old music files. How do I get all my music and video files on Kazaa to go away, as well as kazaa. Because I dont want this to happen to me. Thanks for the help

Just set Kazaa to where you can't share files. only download them.

[malignant]

I deleted kazaa of my computer a while ago, because I dont really use it much. But just recently I downloaded it again to get some new songs wanted and it still had all of my old music files. How do I get all my music and video files on Kazaa to go away, as well as kazaa. Because I dont want this to happen to me. Thanks for the help

Just set Kazaa to where you can't share files. only download them.


does that work?..and how do you do that...

[Kid Icarus]

...maybe if stores didn't charge $20 for a new cd....

To quote Pat Smear(ex Nirvana guitarist, ex Foo Fighters guitarist): "if artists would start filling albums with good material, maybe more people would buy the CD's."

It's simple... record companies are focused on getting big singles out of artists rather than getting good solid albums.

And I'm the same way as most people now, I'll download an album to see if it's worth buying, then go buy it if it is. Infact, the only reason I got the new White Stripes CD is because I heard the songs on Kazaa first. Same with the new Radiohead, and Seether.

[GK Punk]

I deleted kazaa of my computer a while ago, because I dont really use it much. But just recently I downloaded it again to get some new songs wanted and it still had all of my old music files. How do I get all my music and video files on Kazaa to go away, as well as kazaa. Because I dont want this to happen to me. Thanks for the help

Just set Kazaa to where you can't share files. only download them.


does that work?..and how do you do that...

It's in the options, there is an option that says "Disable File Sharing with other users"



To quote Pat Smear(ex Nirvana guitarist, ex Foo Fighters guitarist): "if artists would start filling albums with good material, maybe more people would buy the CD's."

Couldn't have said it better myself.

(and you forgot Ex Germs guitarist :D )

[Billy the Kid]

Yeah I heard about this and I think it's just ridiculous. While RIAA's Gestapo tactics may be legal, they certainly aren't going to win them any friends..

But rather than deal with the real issues of why wide spread file swapping is taking place, which is the high cost for crappy CD's, they would rather litigate their way out of this situation that they have brought upon themselves.

The Justice Department should begin a serious inquiry into price fixing by the industry. Unfortunately, the current AG is unlikely to order this.

I believe these tactics are going to backfire on RIAA and the recording industry, but only time will tell.

[Kid Icarus]

(and you forgot Ex Germs guitarist :D ) yeah, but i bet you we're the only people on this board who know who the Germs are... let alone that Pat was in that band. :lol: .

[Reznorite420]

...maybe if stores didn't charge $20 for a new cd....
No kidding...Canada's already taken the hint, why can't the US?

[SkaterMike]

Thanks GK, I already downloaded K-Lite just because of all the pop ups in Kazaa. I didn't think they'd actually resort to hacking into people's computers (but that's the record industry for you).

I think it would be cool if Bands/Artists took full control of their music and got off the major labels. They could make the music they wanted to and sell it for a resoanable price (cutting out all the record execs who have nothing to do with the music at all, and make most of the profits). They also could help out indie bands get a start. I know some already do this (like Billy Joe from Green Day with his record label, and the Offspring have Nitro, which has signed alot of great bands).

[Dr. Doom]

I figure since I'm usually downloading fairly obscure Power Metal from Europe, no one will really care.

[Tetsu Deinonychus]

Yeah I heard about this and I think it's just ridiculous. While RIAA's Gestapo tactics may be legal, they certainly aren't going to win them any friends..

But rather than deal with the real issues of why wide spread file swapping is taking place, which is the high cost for crappy CD's, they would rather litigate their way out of this situation that they have brought upon themselves.

The Justice Department should begin a serious inquiry into price fixing by the industry. Unfortunately, the current AG is unlikely to order this.

I believe these tactics are going to backfire on RIAA and the recording industry, but only time will tell.I hope these tactics DO backfire and Backfire HARD! I hope the RIAA execs suffer for what they're doing!!!
BTW I thought it WAS illeagal to hack someone's computer like that. Well, I guess you would know.

[HorseTechie]

Is it just Kazaa that RIAA is going through?

I switched to iMesh after word of that first went out. Then used Ad Aware to delete any spy cams lurking about in our hard drive.

[Voltron]

The RIAA is a bunch of assholes. If anything, we should be suing them for charging so much for cds. I never buy cds! I can't afford them! Look what this has come to! Poor 12-year-olds are being sued for sitting on a computer listening to something!

Look, if you get sued, just say you were sharing the music with your friends nation wide. The media always tells us to share, now then they sue us for it. I'm going to sue Business for being elitist ****s, then with all their money in my pocket, I buy an army and hunt down their families and kill them like the dogs they are. I mean. Love, peace, woo...

[Peanut]

It's great to live in Canada. They can't do squat! They made a law about it just before the whole Napster thing started up!

[Voltron]

Canada is a paradise...

[Tetsu Deinonychus]

Is it just Kazaa that RIAA is going through?

I switched to iMesh after word of that first went out. Then used Ad Aware to delete any spy cams lurking about in our hard drive.What's Ad Aware?

[GK Punk]

HT:

They plan to go after "all" File Sharing Software, eventually. I Just keep using K-Lite (It blocks the RIAA) With Peer Gaurdian (Blocks anyother IPs, it's like a fire wall for File Sharing) Then I disable Sharing of my MP3s. I just leave Wrestling matches in my shared folder now days. (Although, I guess that could piss off WWE/WCW Inc, but Meh)

Tetsu:

Ad-Aware searches your hard drive and registry for programs installed on your computer with out your knowledge, such as Gator, Cydoor etc.

[That Matt Guy]

I just downloaded that Ad Aware program and scanned my comp, it found like 340 things. Assholes.

[Tetsu Deinonychus]

Where can I get this wonderful wonderful program called Ad Aware? (and K-Lite while we're at it.)

[That Matt Guy]

This is where I got it.

http://download.com.com/3000-2094-10045910.html?legacy=cnet

[Tetsu Deinonychus]

Thank you, kind sir.

[Cascadia]

it is illegal to download music off of the internet. When you download music from the Internet, you do not claim the copyright of that song-->copyright law. The RIAA can determine who is downloading music from the internet by looking at the records from that computer. It also slows down the internet speed. Even if you have a subscription service, it is still against the copyright laws of the music industry.

[Tetsu Deinonychus]

it is illegal to download music off of the internet. When you download music from the Internet, you do not claim the copyright of that song-->copyright law. The RIAA can determine who is downloading music from the internet by looking at the records from that computer. It also slows down the internet speed. Even if you have a subscription service, it is still against the copyright laws of the music industry.So, what's your point?

[Cascadia]

I am just saying that no one should or can download music from the internet.

[Tetsu Deinonychus]

That's not for you to tell us.

[Cascadia]

why am I not able to state my opinion???

[Tetsu Deinonychus]

Stating your opinion would be saying "I don't download music because I don't think it's right."

What you said was trying to tell us what we can and can't do!

[Cascadia]

I wanted to state what I believe and what is right.....I get jumped all -over. This is not right. :( :cry:

[Tetsu Deinonychus]

I'm not jumping all over you. I just don't like being told what to do.
I didn't say you couldn't say what you think is right. Just not to force it on us.
Sorry, if it came out that way.

[Reznorite420]

I am just saying that no one should or can download music from the internet.So, in other words:

1) Even if the source is legitimate, like free music off WinAmp.com, it's still illegal?

2) It's better to waste 20 bucks on maybe one or 2 songs off the album and nothing else than to keep your pockets full (and more of your personal space free for more important things) by downloading said few select songs?

There's logic for you...

[Tetsu Deinonychus]

There's no need to be rude to her, Rez! She's as entitled to her beliefs as we are to ours (I don't like her trying to "convert" us however).

To me, it's not even a question of $20 CD because CD stores NEVER carry anything I listen to. They only carry the latest trendy crap! And, I don't like the latest trendy crap.

When you think of the way file-sharing is a big help to independant bands, and foreign music desparate for U.S. exposure. Many of which intentionally release their music on such programs. Not to mention, it's the ONLY way to get old music that's just plain out-of-print (and, therefore isn't making any more money anyway).

Of course, RIAA considers these to be enemies which might possibly be a motive for it's behavior. That kinda seems like monopolizing to me! And, I gotta say, I like the "Robin Hood" effect that file-sharing is having.

Since RIAA, has a very strict policy of retaining the copyrights to all songs thus screwing it's artists royally, many artists have spoken out against RIAA's actions. RIAA acknowledges this on their own website and claims they're "Biting the hand that feeds them"!

Still, many artists prefer their work not be downloaded, so if you feel better by not downloading than by all means feel free not to download (It's not like you need me to say that). And, go ahead and express it, but DON'T try to force us to be the same.

[Billy the Kid]

Yeah I heard about this and I think it's just ridiculous. While RIAA's Gestapo tactics may be legal, they certainly aren't going to win them any friends..

But rather than deal with the real issues of why wide spread file swapping is taking place, which is the high cost for crappy CD's, they would rather litigate their way out of this situation that they have brought upon themselves.

The Justice Department should begin a serious inquiry into price fixing by the industry. Unfortunately, the current AG is unlikely to order this.

I believe these tactics are going to backfire on RIAA and the recording industry, but only time will tell.I hope these tactics DO backfire and Backfire HARD! I hope the RIAA execs suffer for what they're doing!!!
BTW I thought it WAS illeagal to hack someone's computer like that. Well, I guess you would know.

The RIAA must obtain court orders before they can hack into someone's computer. This is usually done during the discovery phase of the suit, when they are gathering evidence.

Also I have noticed that the RIAA is being very selective with whom they decide to sue, namely people who generally don't have the resources to fight back (such as students).

I imagine this is because they don't want someone counter suing them and performing some aggressive discovery of their own. No telling what skeletons are in the RIAA's closet.

[JameO]

Also about this but some people are saying that people are being sued in Canada now. I know about the law and what not but I thought they couldn't in Canada right? On the news I heard that few people are starting to get sued in Canada.

[Reznorite420]

Also about this but some people are saying that people are being sued in Canada now. I know about the law and what not but I thought they couldn't in Canada right? On the news I heard that few people are starting to get sued in Canada.And I thought conersative politicians like Dubya were the only ones who threw the meaning of "soevereign" out the window...

[Tetsu Deinonychus]

Yeah I heard about this and I think it's just ridiculous. While RIAA's Gestapo tactics may be legal, they certainly aren't going to win them any friends..

But rather than deal with the real issues of why wide spread file swapping is taking place, which is the high cost for crappy CD's, they would rather litigate their way out of this situation that they have brought upon themselves.

The Justice Department should begin a serious inquiry into price fixing by the industry. Unfortunately, the current AG is unlikely to order this.

I believe these tactics are going to backfire on RIAA and the recording industry, but only time will tell.I hope these tactics DO backfire and Backfire HARD! I hope the RIAA execs suffer for what they're doing!!!
BTW I thought it WAS illeagal to hack someone's computer like that. Well, I guess you would know.

The RIAA must obtain court orders before they can hack into someone's computer. This is usually done during the discovery phase of the suit, when they are gathering evidence.

Also I have noticed that the RIAA is being very selective with whom they decide to sue, namely people who generally don't have the resources to fight back (such as students).

I imagine this is because they don't want someone counter suing them and performing some aggressive discovery of their own. No telling what skeletons are in the RIAA's closet.I'll bet they've got plenty!!!
And, yeah I've noticed that they're picking on the weak and helpless, and there's a word for people who do that: Bully!

I wonder if there's any way to get in touch with this girl's parents, so maybe someone could work out an internet collection plate of sorts. With, the sheer amount of downloaders on the internet, each one knowing they might be next if this happens the way RIAA wants it to. It would be astounding if they'd each chip in a buck or two so the girl and her parents can afford some kind of vicious expensive expert lawyer!

Then RIAA's strategy would blow up in their faces!

[HorseTechie]

Where can I get this wonderful wonderful program called Ad Aware? (and K-Lite while we're at it.)

Side note of warning, when using this program: It can also pick out important files you need to keep your Windows operating system functional. So make sure you unselect those before you quarantine (don't delete) the buggy files.

My hubby royally slagged our home PC cuase he didn't check them over, and then he deleted them all. Glah, I had to pretty much reformat the whole thing over again.

GK: Thanks for the input. I will tell hubby to loose the iMesh too now, and then look into getting this K-Lite instead. He's the one obessed with downloading music more. The most I download anymore are songs I can't find in stores, and cartoon episodes from Mirc. :wink:

I have heard from someone that eDonkey was not on RIAA's hit list cause the program is European. Does it matter where the program orginates and hooks up with? Hubby also has a Korean file share, called Soribada, that's hooked up with mostly Korean users too. We had eDonkey for a little bit, but it came with so much ad-ware plug-ins, it seriously was slowing down our PC's processes. :evil:

[Tetsu Deinonychus]

Thanks for the heads-up HT! :D

I'd be interested to know where your husband got his Korean File-sharing program. That sounds cool.

[Cascadia]

Thank you HT. :)

[GK Punk]

Where can I get this wonderful wonderful program called Ad Aware? (and K-Lite while we're at it.)

Side note of warning, when using this program: It can also pick out important files you need to keep your Windows operating system functional. So make sure you unselect those before you quarantine (don't delete) the buggy files.

My hubby royally slagged our home PC cuase he didn't check them over, and then he deleted them all. Glah, I had to pretty much reformat the whole thing over again.

GK: Thanks for the input. I will tell hubby to loose the iMesh too now, and then look into getting this K-Lite instead. He's the one obessed with downloading music more. The most I download anymore are songs I can't find in stores, and cartoon episodes from Mirc. :wink:

I have heard from someone that eDonkey was not on RIAA's hit list cause the program is European. Does it matter where the program orginates and hooks up with? Hubby also has a Korean file share, called Soribada, that's hooked up with mostly Korean users too. We had eDonkey for a little bit, but it came with so much ad-ware plug-ins, it seriously was slowing down our PC's processes. :evil:

I could see how they wouldn't go after the European or Korean ones, Im not sure how much power the RIAA has over other countries. (Probably none).

Just remember to tell him after getting K-Lite (you can PM me if you need the link, HT) To go in to the options and block banned IPs (the RIAA is a banned IP) And to disable file sharing, or just move all MP3s in to a different folder immiedietly after download.

[Cascadia]

here, they jump over college students too. Just a little bit of info.