RIAA Lawsuits Hit 71 Year Old Grandfather, 12 Year Old Girl
from the who's-responsible? dept
No surprise here, but among the 261 lawsuits filed by the RIAA was one against a 71-year-old grandfather who says that his grandkids have used his computer when they come to visit and that they've even explained this to the RIAA. So, here's the question: who is legally responsible? If the RIAA can't prove who was at the computer allowing the copyright infringement, is it really the legal responsibility of the owner of a computer to know everything that is happening on the machine? If so, wouldn't that mean, legally, that the owner of the computer would also be responsible for any viruses or trojan programs acting on his or her computer? Based on this example, I would think that the owner of the computer should only be responsible for actions that they themselves did on the computer - and that the burden of proof would need to be on the RIAA to show that it was that specific individual violating their copyrights. Of course, I'm not a lawyer, so hopefully, we'll hear from someone who understands the law a bit better. Update: Here's another story of someone who was sued who says he's quite angry at (a) Comcast for giving out his personal info and (b) the music industry for suing him over something that he (and his sons) were not profiting off of ("just because we are downloading music doesn't mean we are making millions of copies"). He plans to boycott all music industry products moving forward. Way to go, RIAA, you just turned a former customer who found music through file sharing into a lifelong hater of the industry who will no longer buy your products. That's okay, they'll probably now get millions of dollars out of him in a legal settlement that will make it impossible for his kids to go to college. Update 2: At the other end of the age spectrum comes this story of a 12-year-old girl who's being sued. Her mother claims that she "paid" $30 for Kazaa (suggesting she got scammed) and assumed that that made it legal. She also mocks the idea that her 12-year-old downloading a nursery rhyme and some TV show theme songs is a real "threat" to the music industry.
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RIAA lawsuits
I'm not one of those targeted by the RIAA, at least not that I know. Considering their shotgun response to file sharing who knows. I'm writing to say that I now hate the RIAA and will NEVER buy another CD or casette or whatever. The radio is still free. It's time these fatcats learn that they are failing because they aren't providing consumers with what they want at a reasonable price. I say boycott the b@st@rds.
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Support the RIAA!
No one ever changed a law by ignoring it. I think they should prosecute these people to the full extent of the law. Then people will see how ridiculous the current state of copyright law is. As long as the law is loosely enforced, things will never change because the general public will not perceive the problem. Let them sue a few sympathetic defendants and let's open up the debate. Some of us have been trying for years to explain this only to be pooh-pooh-ed away as kooks. People who just disregard the law are holding back the inevitable collapse of the current system. I think content creators and the casual copiers richly deserve each other, so SUE AWAY!
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IANAL, but...
I am not a lawyer, but, it seems to me if state and federal law enforcement agencies can confiscate your vehicle if you have passengers who are carrying drugs, then the same rules should apply to any other equipment that you own.
If someone is using YOUR computer to commit a crime, then YOU are (at least partially) responsible for that crime.
Don't let someone in your vehicle if they might be carrying drugs and don't let someone use your computer if they might be breaking the law. If you do, at least admit to the fact that you are partially responsible for the actions that occur.
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Re: RIAA lawsuits
Personally, I avoid all RIAA CDs...I only buy CDs from bands directly or from non-RIAA independents.
I used to buy RIAA CDs, but will not buy another till they reverse their ridiculous stand on downloading music.
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Re: IANAL, but...
Apples and oranges, I believe.
In the car case I the seizures are in compliance with specific laws passed that create the operator-passenger liability connection. There's no actual law on the books making a similar connection of liability between the owner of a PC (which is more like a household appliance than a registered vehicle) and the actions of its operators.
As much as the RIAA would like us to believe this is true, it is not, since we have to distinguish between the liability of tool-owners and tool-users when misuse occurs.
On a practical note, these legal moves are a wake-up call that even home PCs should be set up to use individual accounts, so data and activities can be associated with the user. This is just a good practice anyway with shared equipment, if only to hedge against accidental erasures, etc.
authorize a car is registered to an owner/operator, understood to be traceable anywhere by virtue of the license plates, and
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Re: IANAL, but...
You can't seriously be using a pathetically heavy-handed law to justify a similarly heavy-handed approach in another sector. Please tell me you're not that painfully stupid.
"They do it over here so it must be okay" is nothing more than an indication of another prudish, overly punitive law that needs to be examined and thrown out for the joke that it is.
Your country needs some more of the light of day that dispels the fog of lies and corruption. (Mine too, but the problems in your legal system are the ones that are exposed by your message today and the ones that you're trying to push on the rest of the world)
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Ignorance of the law...
The guy with the kids who settle with te RIAA is mad because he didn't know it was illegal. Ignrance of the law, the saying gos, is no excuse. Seems to me he should sue Sharman Networks for providing a service to their consumers without properly warning them of the possibility of breakng the law. Sure, is in the User license, but no one reads those and legally, because of the way they are presented, can be protested.
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$ for Kazaa
A comment on Slashdot suggested that the money the 12 year old girl paid was for the ad/spyware free version of Kazaa.
Maybe the RIAA should drop this suit and sue Kazaa on her behalf for misleading her into thinking that the Kazaa service was legal in distributing RIAA copyrighted music.
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Boycott 'em
Are people breaking the law? Yes. Does this justify bullying twelve-year olds and grandfathers? Does this justify suing the writer of a campus search engine and stealing his life savings? Screw 'em, kick the bully in the balls. Boycott the RIAA!!!
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Re: $ for Kazaa
$30 for Kazaa? That's a ripoff! I only paid $25.
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Accessing Online Accounts
I have to admit, I'm a little unclear as to how the RIAA can gain access to an individual's online account without having proof of reasonable suspicion (i.e. having previously investigated the individual). Otherwise this seems to be an invasion of privacy, which at the very least seems morally against our values as Americans and may well be illegal in itself. Are the RIAA's actions illegal?
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Re: $ for Kazaa
who the hell pays for Kazaa ?
Its FREE at www.download.com !
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Re: $ for Kazaa
Who the hell uses KaZaa? Most users there are on crappy modems and hardly ever lets you finish downloads. A good DC-hub is what you need. :P
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Re: Support the RIAA!
Shut up you have no clue what you are talking about. You do not need to sue people to get a point across, there are ways to open a debate without hurting others. I hope they come after you a$$ h*le.
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Re: Support the RIAA!
would you like your 12 year old daughter sued, or your grandfather sued and you dont get inheratance or college here do this grab a gun and kill yourself because your a hinderance to society and are better off dead as they say the tree of life is self pruning, i suggest you follow those orders, your one of the pruned branches
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Re: Support the RIAA!
"No one ever changed a law by ignoring it."
Ahem. BULLSHIT.
1) Jim Crow laws
2) Prohibition
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Boycott!!!!!
Okay, im sure everyone is aware of movie and music piracy and the attempt by
movie and audio labels to stop it. every year millions are brought to court to
pay huge loads of money just to compinsate for "illegally" viewing a small
movie or playing a song that might not even popularly last for a month. But
this year...2006, it will all change, a boycott of original movie and music
products (DVDS, VHS and CDs) etc will be boycotted by who ever wishes to do so
to prove to movie studios and music labels that WE are the customers and WE
make them who they are. it shall start on the 4th of July and hopefully end on
4th of August. i sure hope you participate in this (hoped to be) global event.
for more send or add this email "sandbomb_bc@hotmail.com". thank you for your
time and i hope you spread the word.
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RIAA lawsuits are ridiculous
The topic of copyright theft/infringement is a complex issue, and as with most legal matters, the context will ultimately decide the ruling.
A 12 year-old girl being sued by the RIAA for copyright infringement is a travesty. She's 12, she most likely doesn't even understand the concept of copyright infringement.
I can understand that the RIAA needs to clamp down on the download of copyright material, but ruining people's lives is simply overkill . In addition to totally screwing countless people with their laws, they've sullied their public image and destroyed any public trust in their industry.
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Re: IANAL, but...
Erm... If they're committing a crime using my property and that makes me responsible, does that mean:
1) Banks are partially responsible for being robbed since the crime occurs on their property
2) Schools where students go on killing sprees are responsible because the shootings occured on their property?
3) If someone carjacks your car and hits someone with it you're responsible because you allowed your car to be stolen?
4) If someone borrows your pen and uses it to stab someone in the eye, you're responsible because it's your pen?
These are all ridiculous -- almost as ridiculous as assuming the owner of a piece of property (be it computer, pen or paperweight) has complete control over how its used by others.
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Cammon Lawsuits.
7th Amendment
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Law suits
No way, I have banned the buying of both music and movies! They couldnt win a legal battle with companies like Kazaa so they went after the little people they knew couldnt affrod it! They are the cowards! I will not give them more money to sue innocent people! Screw that!
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What a terablo ting
It is very bad thing tctcttcc :(
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Re: Re: $ for Kazaa
YOU were ripped off too... why would you pay $25 for Kazaa? So you won't be "bugged" by ads? I say spend your money on something better.
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我淫我色
Maybe the RIAA should drop this suit and sue Kazaa on her behalf for misleading her into thinking that the Kazaa service was legal in distributing RIAA copyrighted music.
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