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Girl, 12, Settles Piracy Suit for $2,000
 
 
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Old 10 Sep 2003, 11:09 AM   #1 (permalink)
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Angry Girl, 12, Settles Piracy Suit for $2,000

Girl, 12, Settles Piracy Suit for $2,000
By TED BRIDIS

WASHINGTON (AP) - A 12-year-old girl in New York who was among the first to be sued by the record industry for sharing music over the Internet is off the hook after her mother agreed Tuesday to pay $2,000 to settle the lawsuit, apologizing and admitting that her daughter's actions violated U.S. copyright laws.

In a new lawsuit Tuesday, a California attorney sued the recording industry, claiming its offer of amnesty for file-swappers in that state was misleading.

The hurried settlement involving Brianna LaHara, an honors student, was the first announced one day after the Recording Industry Association of America filed 261 such lawsuits across the country. Lawyers for the RIAA said Brianna's mother, Sylvia Torres, contacted them early Tuesday to negotiate.

``We understand now that file-sharing the music was illegal,'' Torres said in a statement distributed by the recording industry. ``You can be sure Brianna won't be doing it anymore.''

Brianna added: ``I am sorry for what I have done. I love music and don't want to hurt the artists I love.''

The case against Brianna was a potential minefield for the music industry from a public relations standpoint. The family lives in a city housing project on New York's Upper West Side, and they said they mistakenly believed they were entitled to download music over the Internet because they had paid $29.99 for software that gives them access to online file-sharing services.

The RIAA said this week it already had negotiated $3,000 settlements with fewer than 10 Internet users who learned they might be sued after the RIAA sent copyright subpoenas to their Internet providers. But lawyers negotiated those settlements before the latest round of lawsuits, and the RIAA had said any further settlements would cost defendants more than $3,000.

Even in the hours before the settlement was announced, Brianna was emerging as an example of what critics said was overzealous enforcement by the powerful music industry.

The top lawyer for Verizon Communications Inc., William Barr, charged earlier Tuesday during a Senate hearing that music lawyers had resorted to a ``campaign against 12-year-old girls'' rather than trying to help consumers turn to legal sources for songs online. Verizon's Internet subsidiary is engaged in a protracted legal fight against the RIAA over copyright subpoenas sent Verizon customers.

Sen. Dick Durbin, D-Ill., also alluded to Brianna's case.

``Are you headed to junior high schools to round up the usual suspects?'' Durbin asked RIAA President Cary Sherman during a Senate Judiciary hearing.

Durbin said he appreciated the piracy threat to the recording industry, but added, ``I think you have a tough public relations campaign to go after the offenders without appearing heavy-handed in the process.''

Sherman responded that most people don't shoplift because they fear they'll be arrested.

``We're trying to let people know they may get caught, therefore they should not engage in this behavior,'' Sherman said. ``Yes, there are going to be some kids caught in this, but you'd be surprised at how many adults are engaged in this activity.''

It was unclear how Brianna's name - rather than her mother's - came to be listed as a defendant in this case. The recording industry said it named as the defendant in each lawsuit the person who paid for the household Internet account, but children typically aren't listed as account holders.

The RIAA said it did not investigate each individual's background before filing its lawsuits.

In the suit against the RIAA, attorney Ira P. Rothken of San Rafael, Calif., accuses the music trade group of ``unfair, misleading and fraudulent business practices'' for promoting an amnesty program aimed at music file-shares. The RIAA's ``Clean Slate'' program would allow file-sharers who step forward and pledge not to download files illegally to avoid being sued. Rothken did not immediately return a call for comment late Tuesday.


Now they are suing 12 year olds?! How low can the RIAA can get?! This is getting way out of hand seriously. I know this is a never ending topic but I felt like posting this due to the fact that RIAA is suing minors now. But the shit that pisses me off is that the goverment hasn't put a stp to this illegal pratices.
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Old 10 Sep 2003, 11:19 AM   #2 (permalink)
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this is an easy appeal...I could win that and I have never even tried to passs the bar

Too bad the industry intimidated her into a plea

hopefully all the 12 yr olds and young people that get charged decide to go for a class action suit

if I were 12 I'd let it go to court...lots of luck gettin a jury to find a 12 yr old responsible for thousands of dollars
 
Old 10 Sep 2003, 11:24 AM   #3 (permalink)
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RIAA forced them to an appeal for two reasons.

1. RIAA could of been in deep shit getting a 12 year old into a lawsuit.

2. It was a very sensitive issue since they payed $30 bucks a months for file swapping services.

Actually that family would of won the case easy.
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Old 10 Sep 2003, 11:27 AM   #4 (permalink)
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thats what I'm sayin Screw Job...easy win for the case, easier win for the appeal...too bad they signed it all away with the plea
 
Old 11 Sep 2003, 12:52 AM   #5 (permalink)
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Just to be safe I deleted my Kazaa Lite....did not want it anymore anyways because the version I had always froze up.

I have all my music saved to my Musicmatch Jukebox
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Old 11 Sep 2003, 09:08 AM   #6 (permalink)
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Damn they not only sued a 12 year old but she was poor too. I dont share my music , and as soon as my mp3 player gets here ill be using it instead.
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Old 11 Sep 2003, 10:21 AM   #7 (permalink)
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They didn't fought cause they were poor. But a good civil lawyer would sued their asses and won easly.
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