RIAA sues 12-year-old

[griffinn]

Story on foxnews.com

My favourite quote:

When reporters visited teh apartment last night, Brianna — who her mom says is an honors student — was helping her brother with his homework.

So they write like 12-year-olds too. Yay.

[. - .... .- -. ....]

heh - was just going to post this.

Nothing like shooting themselves in the foot, the RIAA just proves to the world that they dont care who they sue, as long as they sue... lol

NEW YORK — The music industry has turned its big legal guns on Internet music-swappers — including a 12-year-old New York City 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 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 (search) — 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 (search) 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 teh apartment last night, Brianna — who her mom says is an honors student — was helping her brother with his homework.

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."

[s1138]

damn, you guys beat me to it...
i saw the headline, and i started laughing ..though, not funny for the girl...but still funny

[ShyShy]

Quote from article:

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

What service charge?



Jeez, the RIAA just made themselves look real good there

[oli_wal]

I think it's like the $24.99 service charge to subscribe to the WinAmp forum.
lol

[duh]

glad to know that teh is now offically a word or that Fox doesn't use spell check.

[godoncrack]

somebody needs to do somethin about these guys
if anybody want to organize a raid on their HQ or similar shit
i'm in

[s1138]

duh: yeah, that was funny

[dlinkwit27]

this is what I got from AOL

WASHINGTON (Sept. 9) - The targets of the first lawsuits against music fans who share songs on the Internet include an elderly man in Texas who rarely uses his computer, a Yale University professor and an unemployed woman in New York who says she didn't know she was breaking the law.

Each faces potentially devastating civil penalties or settlements that could cost them tens of thousands of dollars.

The Recording Industry Association of America launched the next stage of its aggressive anti-piracy campaign Monday, filing 261 federal lawsuits across the country. The action was aimed at what the RIAA described as ''major offenders'' illegally distributing on average more than 1,000 copyrighted music files each, but lawyers warned they may ultimately file thousands of similar cases.

Durwood Pickle, 71, of Richardson, Texas, said his teenage grandchildren downloaded music onto his computer during their visits to his home. He said his grown son had explained the situation in an earlier e-mail to the recording industry association.

''I didn't do it, and I don't feel like I'm responsible,'' Pickle said in an interview. ''It's been stopped now, I guarantee you that.''

Pickle, who was unaware he was being sued until contacted by The Associated Press, said he rarely uses the computer in his home.

''I'm not a computer-type person,'' Pickle said. ''They come in and get on the computer. How do I get out of this?''

Yale University professor Timothy Davis said he will stop sharing music files immediately. He downloaded about 500 songs from others on the Internet before his Internet provider notified him about the music industry's interest in his activities.

''I've been pretending it was going to go away,'' said Davis, who teaches photography.

Another defendant, Lisa Schamis of New York, said her Internet provider warned her two months ago that record industry lawyers had asked for her name and address, but she said she had no idea she might be sued. She acknowledged downloading ''lots'' of music over file-sharing networks.

''This is ridiculous,'' said Schamis, 26. ''I didn't understand it was illegal.''

She said the music industry shouldn't have the right to sue.

''It's wrong on their part,'' she said.

An estimated 60 million Americans participate in file-sharing networks, using software that makes it simple for computer users to locate and retrieve for free virtually any song by any artist within moments. Internet users broadly acknowledge music-trading is illegal, but the practice has flourished in recent years since copyright statutes are among the most popularly flouted laws online.

''Nobody likes playing the heavy,'' said RIAA President Cary Sherman, who compared illegal music downloads to shoplifting. ''There comes a time when you have to stand up and take appropriate action.''

Sen. Norm Coleman, R-Minn., has already promised congressional hearings into how the music industry has identified and tracked the Internet users it's suing.

''They have a legitimate interest that needs to be protected, but are they protecting it in a way that's too broad and overreaching?'' Coleman said. ''I don't want to make criminals out of 60 million kids, even though kids and grandkids are doing things they shouldn't be doing.''

The RIAA did not identify for reporters which Internet users it was suing or where they live. Lawsuits were filed in federal courthouses in New York City, Boston, Chicago, San Francisco, Dallas and elsewhere.

''Get a lawyer,'' advised Fred von Lohmann, an attorney for the San Francisco-based Electronic Frontier Foundation. ''There's no simpler advice than that, whether you intend to fight this or not. You'll need someone to advise you.''

With estimates that half of file-sharers are teenagers, all sides braced for the inevitable legal debate surrounding the financial damage to parents or grandparents. The RIAA named as the defendant in each lawsuit the person who paid for the household Internet account.

''That question will come up immediately, whether a minor can have the requisite knowledge to be the right defendant,'' said Susan Crawford, who teaches law at Yeshiva University's Cardozo law school in New York City. ''A very young child who didn't know what they were doing would be a bad defendant for the industry.''

The RIAA also announced an amnesty program for people who admit they illegally share music, promising not to sue them in exchange for their admission and pledge to delete the songs off their computers. The offer does not apply to people who already are targets of legal action.

Sherman called the amnesty offer ''our version of an olive branch.''

Some defense lawyers have objected to the amnesty provisions, warning that song publishers and other organizations not represented by the RIAA won't be constrained by the group's promise not to sue.

U.S. copyright laws allow for damages of $750 to $150,000 for each song offered illegally on a person's computer.

AP-NY-09-09-03 0436EDT

Copyright 2003 The Associated Press. The information contained in the AP news report may not be published, broadcast, rewritten or otherwise distributed without the prior written authority of The Associated Press. All active hyperlinks have been inserted by AOL.

[ÇhäötïÇLüñätïÇ]

Fuckin tyrants. Those RIAA devils should all be shot.

[laz]

This is out of hand RIAA, I think you have for sure shot your foot off by now.
Come on, a 12 year old girl, a 71 year old man, an unimployed woman. COME ON! ITS NOT WORTH EVEN TO SUE THE PEOPLE!
Ah, the joy of greed!

[. - .... .- -. ....]

From this mornings Slashdot....

It looks like the RIAA has rushed to settle with 12-year-old Brianna LaHara, after serving her with a lawsuit on Monday. It looks like her single mother will be paying a $2,000 fine to the RIAA for her daughter's song-swapping, which they had thought was legal. Said Brianna: 'I am sorry for what I have done. I love music and don't want to hurt the artists I love.' What a relief this must be for the Rolling Stones.

[dlinkwit27]

i wonder how much of that 2 grand the artists will see......

[Mr_007]

Originally posted by griffinn
Story on foxnews.com

My favourite quote:So they write like 12-year-olds too. Yay.

Worry for this boy!
This boy should use himself time and money
on become great man on information technology on web!

[DragonSon]

Umm...the kid is a GIRL...

[WhiteRayven]

Damn fuckne bullys, I have a 12 year sister, man if they tried to sue her... I prolly take the hit... its not like 12 year olds know what they are doing...

The artisits prolly will not see a penny... they only get like 10-15 cents a cd any how

Question:

What part is ileagal, the sharing, the downloading, or both?

[s1138]

according to them...backing up your CD collection on your computer is illegal.

heres a question, what if i back up my entire collection, then use Kazaa to download "pictures". So then i get introuble because i have music on my computer, but its just backup, and it was just in the same dir as my pics.. (example C:\MY Documents)
i wasnt sharing the music, i was just downloading pictures.....

[dlichterman]

DUDE IM IN ON THE RAID lol. Seriously HOW STUPID are these guys......I wonder if any idiots have filled out the RIAA forms....

[s1138]

where can i get one of the forms? i wanna see what it looks like.

[godoncrack]

i cant find it

[Starbucks]

[DJHotIce]

Pfft they come up with some seriously stupid crack

[clownercockwise]

The mother shouldn't have settled. This shit won't hold up in court.

[KottonmouthKing]

The RIAA can suck my d*ck. F*ck the RIAA. How can you sue someone who isnt even old enough to know the difference between right and wrong?
That little girl prolly just learned how to wipe her ass a couple years back and she's already got to deal with 2000 dollar lawsuit? Is there no morals anymore? F*ck the system. Its way to currupt. Its all about money nowadays. Love equals how much money you got.

[LawnGnome2005]

The little girl isn't going to have to pay the $2000 herself. Lots of nice people entered the raffle at http://hypothermia.gamershardware.com/ to raise money for her. I still can't believe they actually sued the little girl though.

[mikm]

Originally posted by s1138
according to them...backing up your CD collection on your computer is illegal.

heres a question, what if i back up my entire collection, then use Kazaa to download "pictures". So then i get introuble because i have music on my computer, but its just backup, and it was just in the same dir as my pics.. (example C:\MY Documents)
i wasnt sharing the music, i was just downloading pictures.....

If you produce the CDs, you might be OK.

[WhiteRayven]

Originally posted by s1138
according to them...backing up your CD collection on your computer is illegal.

heres a question, what if i back up my entire collection, then use Kazaa to download "pictures". So then i get introuble because i have music on my computer, but its just backup, and it was just in the same dir as my pics.. (example C:\MY Documents)
i wasnt sharing the music, i was just downloading pictures.....

By "Pictures" do you mean Pr0n??

LOL

[EnDurA]

i just about this on the front page, this is going wwwwwaaaayyyyy too far. when will (or will) it end?

more quotes:

"I am sorry for what I have done. I love music and don't want to hurt the artists I love."

since when did illiegally downloading music affect how much money artists make? (ok, so they get 40% of album sales, big whoop) and even so, some artists have been known to endorse media download.

''Nobody likes playing the heavy,'' said RIAA President Cary Sherman, who compared illegal music downloads to shoplifting. ''There comes a time when you have to stand up and take appropriate action.''

shop lifting?? the music is put there to be downloaded for free, just because its available in a shop for money, doesn;t make it shop lifting. not that the quality is anywhere near what cdda is (cdda is sampled at 44,100bit sampling, mp3 decoders then take out the excess data. (stuff that your ear can't hear, usally)) so mp2 are far worse quality than original cdda format.


perhaps i should end with some "fuck the RIAA" statment. yes, i think i will. *gives the finger to president of RIAA* *continues to moon president of RIAA for 5 minutes* * drops stink bombs down his pants and runs*

i think that should do

[s1138]

Originally posted by WhiteRayven
By "Pictures" do you mean Pr0n??

LOL

well, if im not downloading music, and im trying to engage in non-illegal activities, i cant download warez, so what else is there besides pr0n

[WhiteRayven]

LOL, yes yes, true man, true

[Mattress]

maybe I'm wrong, but I believe most pr0n is also copyrighted material. You'll be sued by the PIAA

[godoncrack]

SHIT!!!
*starts burning archive CD's and deleting files*

[w01f]

Just another "great idea" from the RIAA. Note this: in Poland where I come from most people earn the minimal wage that is 650 PLN = ~150 Euro per month. And the CDs cost about 50 PLN that is about 12 Euro. So I ask those bastards from RIAA how can I buy lets say 10 CDs per month ?? That would be 120 Euro !!! So I prefer to pay my ISP 80 PLN i.e. 20 Euro per month for a 128 kbps link and download all the music and movies I want. I download about 500 - 600 mp3s per month so count yourself how many CDs i would have to buy !!!

RIAA SUXXXXX :P

[t0y]

rofl, shit like this make the riaa gay, and it wont stop filesharers, if youre smart, you wont use kazaa.

[mikm]

Uhh...despite what you may think, an organization does not have a sexual preference. The RIAA knows about other fileshare utlities and probably scan on those networks for sharers as well.

w01f- you're argument is working against you. You claim that you download 500-600 mp3s a month. I have a better idea: save up your money for the CDs you really want, not just every CD on the market. Imagine if you stole 40-60 CDs every month from a store, you would be in jail. Stealing this way is no different than stealing from a store.

I have a playlist of 400 songs, only 3 are from a filesharing network, I encoded the rest from my own CDs (not even CDs a friend copied).

[s1138]

half the stuff i have you cant buy in the store. the other half is extremely hard to find, as it is mostly soundtracks and classical music.

[mikm]

Same here, I d/l that Wagner song after watching Apocolaypse Now. I am also looking for some older U2 b-sides. They released a B-Sides album, which I have, but it doesn't have the songs I am looking for. Because all the b-sides were on the reverse of phonogrpahs, finding them will be near impossible.

[hawkster78]

I know I hardly post anything but ive got one interesting point and I hope no one else has posted it and im sorry if im repeating it. I usually read stuff at zeropaid.com a filesharing support site and it had this particular story about that poor 12 yr old girl. One person said how in the world did the RIAA get her name out of the ISP. Now wouldnt the ISP normally have the parents name under it. Just makes me wonder if the RIAA got this info somehow rather sneakily. I think they outta turn the case around against them for personal invasion of privacy and get their 2000 plus a lil extra to teach them a lesson. What I have in my comp is my own business they should never be allowed to invade my personal space just to see what I do everyday. Its like the annyoing parent looking over a childs shoulder. Why dont they do something constructive with their time and find ways to get the customers back. For starters lower the damn price for a cd. Man im still not taking out loans for a cd with one or two songs on it. Second get some new artists with new sounds. Cmon im getting bored of bands sounding the same with the same lyrics. Third get the bands to write better songs. By following these simple steps theyll be back to driving their corvettes to work again instead of their second rate mercedes benz.

[razmann]

Originally posted by m²k
If you produce the CDs, you might be OK.

what if the CDs were stolen? then u b f**ked

[WhiteRayven]

Originally posted by hawkster78
... Just makes me wonder if the RIAA got this info somehow rather sneakily. I think they outta turn the case around against them for personal invasion of privacy and get their 2000 plus a lil extra to teach them a lesson. ...

*Cough* Kazaa *cough* msn messenger 6 *cough* spyawre *cough*

I dont use msn 6 because Norton keeps finding exes that have spyware that I didn;t DL.. And they only showed up after msn msgnr 6 was installed. And as for Kazaa... Nuf said.