RIAA bust a 12 year old girl

Tuesday, September 9, 2003 by The DJ | Discussion: WinCustomize Talk

The RIAA sees the face of evil, and it's a 12-year-old girl
By Ashlee Vance in Chicago
Posted: 09/09/2003 at 13:54 GMT


The RIAA has nailed one of the most prolific file-traders in the U.S., filing a lawsuit against 12-year-old Brianna LaHara.

When not at the playground with her friends, "Biggie Brianna" is trading music files from her home in New York. The little girl received one of the 261 lawsuits filed by the RIAA (Recording Industry Association of America) on Monday, according to the New York Post. She may look like a sweet and innocent child, but the RIAA says it's only going after major copyright violators at the moment. So you make the call.

"I got really scared. My stomach is all turning," Brianna told the Post. "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?"

It turns out that Brianna's mum paid a $29.99 service charge to kazaa for the company's music service. Brianna, however, thought this meant she could download songs at will. How naive!

When reporters charged into Brianna's home, she was helping her brother with some homework. She is an honors student at St. Gregory the Great school.

Brianna could face charges of up to $150,000 per infringed song, but we have a feeling this might be a tad unrealistic. We suggest the RIAA take all of her toys instead.

"Nobody likes playing the heavy and having to resort to litigation," RIAA president Cary Sherman said in a statement. "But when your product is being regularly stolen, there comes a time when you have to take appropriate action."

Go get her, Cary. ®


http://www.theregister.co.uk/content/6/32731.html
[Message Edited]
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Doreen
Reply #21 Tuesday, September 9, 2003 3:56 PM
There are "some" innocent 12 yo's out there I say "Specially" if she was an honor student all the more innocent...

Paxx stealing a candy bar is much more different then typing in a tune's name and then clicking on the name for d/l most kids do not feel quite the same sensation as hiding a candy bar in their pocket and walking out the front door of a store then the described action, they are in their homes behind a machine just clicking on things, does not feel like stealing at allll...
Doreen
Reply #22 Tuesday, September 9, 2003 3:58 PM
specially when she apparently knew her mom coughed up 29.99 for the thing she was clicking on...
Hus
Reply #23 Tuesday, September 9, 2003 4:02 PM
Look at Apple $0.99 for a mp3... with iTunes


On an off-topic note, there is a Windows-alternative that offers pretty much the same service. BuyMusic.com - http://www.buymusic.com/
[Message Edited]
messybuu
Reply #24 Tuesday, September 9, 2003 4:06 PM
It's true that she might be playing dumb, but it's also possible that she and her parents aren't as technically savvy as us.
I think that the fact that they paid for something they could have downloaded freely gives some credit to the possibility that they might have honestly thought what they were doing was legal, and if their only crime is ignorance, the RIAA should simply give them a warning not to do it again.



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KarmaGirl
Reply #25 Tuesday, September 9, 2003 4:11 PM

#23 by Sir Hus - 9/9/2003 4:02:56 PM
On an off-topic note, there is a Windows-alternative that offers pretty much the same service. BuyMusic.com

Complete with really annoying ads on TV   I heard that a lot of the "big" names won't sign on, though (to any of the services) which I think is just plain dumb.  I wish the recording industry would harness the technology instead of trying to stifle it.

Doreen
Reply #26 Tuesday, September 9, 2003 4:11 PM
exactly...
Doreen
Reply #27 Tuesday, September 9, 2003 4:13 PM
I meant to say exactly to what Sirius said, but I still get lost in these paged threads... hehe
KarmaGirl
Reply #28 Tuesday, September 9, 2003 4:17 PM
You mean that you didn't read what I said and replied within 2 seconds?
Doreen
Reply #29 Tuesday, September 9, 2003 4:19 PM
hehe Java
I looked at what he said and typed and when I looked back up I seen I was under you on a diff page?
I cannot get use to these paged thingies stillll hehe
(but getting more used to it now)
paxx
Reply #30 Tuesday, September 9, 2003 4:58 PM

I'm sorry but Napster, Kazaa and illegal music piracy has been all over the news for the past 3 years. Everybody knows it's illegal but everybody think they can still get away with it.
Even if the girl didn't know that downloading 5000 songs was illegal (yes she apparently was one of the top MP3 downloaders in the country and that's why they picked her), her mother certainly knew, and she still let her kid do it.

No, this is definately a case of "Honey, just say that you didn't know it was illegal because you are just 12, ok?"
Heck, for all we know, it could have been the mother who downloaded all that ans is trying to get off the hook by blaming a inocent 12 year old who didn't know what she was doing.  Or most likely they were both doing it.

But don't forget ignorance of the law is not an excuse.

The DJ
Reply #31 Tuesday, September 9, 2003 5:08 PM
Thank you Paxx!! About she knew it was illegal. The whole family was getting music .

What is this deal with the service fee?? What does it do? Kazaa is free. And who installed it? You know. The mother thinking it was legal (yeah right she didn't know)? Or the daughter who is smart enough to go get it and install it but not smart enough to know what she is doing is illegal (or at least know about it like Paxx said). Cmon now.


In any case, the RIAA gets the money and not the artists!! Go figure.

[Message Edited]
messybuu
Reply #32 Tuesday, September 9, 2003 5:26 PM
Just because they were able to install the software does not mean that they knew that even after paying for Kazaa Plus, that it was still illegal. Think of all those people who install AOL and know nothing about computers. There are still many people out there who know very little about computers except AOL and Office and I could see people actually thinking that paying for Kazaa would give them the license to legally download what they desire.
If that family fit that category of people, then I think punishing them as if they were another group of pirates would be terrible. Ignorance is not an excuse to break the law, but it's not like anybody was physically harmed, and the damage can be reversed simply by deleting all illegal files and CDs.



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Doreen
Reply #33 Tuesday, September 9, 2003 5:46 PM
yeah yeah listen to Sirius hehe

And yes ignorance of the law is no excuse but it could have been the "reason" Paxxy...
The DJ
Reply #34 Tuesday, September 9, 2003 6:19 PM
To quote someone else:

The girl (well the girl's family) settled the suit against her for $2000. The RIAA wanted to be shed of this one quick due to all the bad press. The girl probably could have held out for $500. No time to do a link, but it's on yahoo's front page right now.
Doomgaze
Reply #35 Tuesday, September 9, 2003 6:23 PM
The DJ: why hold out?
She's from the upper east side of manhattan
her parents probably have mad psycho lawyers and threatened to trash the RIAA into oblivion for it.

Parents were probably like "now honey... you can't get the BMW 323IS anymore... you can only have the BMW 323i"
The DJ
Reply #36 Tuesday, September 9, 2003 6:25 PM
I didn't say it, I quoted someone else from another forum.
someone_7
Reply #37 Tuesday, September 9, 2003 8:01 PM
i admit i do dl music but i don't exactly just "steal" it because usually if i hear a song i like i'll end up buying the album. if i really don't like the song i delete just because it's a waste of hard drive space. if u know what i'm saying there are certain little ways that it helps the RIAA. besides even if they get rid of p2p people could still rip an mp3 to their computer and then stick that file on a zip disk or burn it onto a cd and give to someone. i'd also have to say that they shouldn't just completely get rid of p2p because it's not just music that's shared on there.
kona0197
Reply #38 Tuesday, September 9, 2003 8:05 PM
if you use kazaa you are part of the problem.

stealing is stealing!
The DJ
Reply #39 Tuesday, September 9, 2003 8:15 PM
Here's a link for the settlement

"We understand now that file-sharing the music was illegal,"



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.



http://news.yahoo.com/news?tmpl=story2&cid=501&u=/ap/20030909/ap_on_en_mu/downloading_music_11&printer=1
EventHorizon
Reply #40 Tuesday, September 9, 2003 9:04 PM
One thing I dont get is...What is this $29.99 service fee? Anyone can d/load kazaa lite (Or any other P2P proggy such as iMesh) for free and not pay a cent...

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