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-   -   RIAA sues 12-year-old girl (http://forums.thetechnodrome.com/showthread.php?t=5224)

Stone Ill 09-12-2003 04:07 PM

RIAA sues 12-year-old girl
 
Source

Quote:

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 09-12-2003 04:12 PM

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 09-12-2003 04:16 PM

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

SkaterMike 09-12-2003 04:51 PM

...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 09-12-2003 04:56 PM

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 09-12-2003 04:56 PM

Quote:

Originally Posted by SkaterMike
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 09-12-2003 08:13 PM

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 09-12-2003 08:48 PM

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 09-12-2003 09:47 PM

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 09-12-2003 10:27 PM

Quote:

Originally Posted by 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

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

malignant 09-12-2003 10:46 PM

Quote:

Originally Posted by grunger_kittie
Quote:

Originally Posted by 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

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


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

Kid Icarus 09-12-2003 10:48 PM

Quote:

Originally Posted by SkaterMike
...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 09-12-2003 11:14 PM

Quote:

Originally Posted by malignant
Quote:

Originally Posted by grunger_kittie
Quote:

Originally Posted by 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

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"



Quote:

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 09-13-2003 01:06 AM

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 09-13-2003 10:32 AM

Quote:

Originally Posted by grunger_kittie
(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 09-13-2003 01:21 PM

Quote:

Originally Posted by SkaterMike
...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 09-13-2003 01:44 PM

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 09-13-2003 03:58 PM

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

Tetsu Deinonychus 09-14-2003 05:02 PM

Quote:

Originally Posted by 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.

HorseTechie 09-15-2003 12:41 PM

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 09-15-2003 12:57 PM

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 09-15-2003 12:57 PM

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 09-15-2003 01:00 PM

Canada is a paradise...

Tetsu Deinonychus 09-15-2003 01:01 PM

Quote:

Originally Posted by 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.

What's Ad Aware?

GK Punk 09-15-2003 02:26 PM

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 09-15-2003 02:38 PM

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

Tetsu Deinonychus 09-15-2003 02:41 PM

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

That Matt Guy 09-15-2003 02:43 PM

This is where I got it.

http://download.com.com/3000-2094-10...ml?legacy=cnet

Tetsu Deinonychus 09-15-2003 02:46 PM

Thank you, kind sir.

Cascadia 09-15-2003 09:30 PM

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 09-15-2003 09:34 PM

Quote:

Originally Posted by Scienctific freak
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 09-15-2003 09:36 PM

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

Tetsu Deinonychus 09-15-2003 10:07 PM

That's not for you to tell us.

Cascadia 09-15-2003 10:09 PM

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

Tetsu Deinonychus 09-15-2003 10:10 PM

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 09-15-2003 10:13 PM

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

Tetsu Deinonychus 09-15-2003 10:15 PM

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 09-15-2003 11:54 PM

Quote:

Originally Posted by Scienctific freak
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 09-16-2003 02:18 AM

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 09-18-2003 01:44 AM

Quote:

Originally Posted by TetsuDeinonychus
Quote:

Originally Posted by 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.


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