RIAA sues 12-year-old girl

[Stone Ill]

Source

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."



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]

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]

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]

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]

Originally Posted by grunger_kittie

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

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

[Kid Icarus]

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]

Originally Posted by malignant

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 )

[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]

Originally Posted by grunger_kittie

(and you forgot Ex Germs guitarist )

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. .

[Reznorite420]

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]

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]

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]

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.