View Full Version : Downloading is illegal?
mdr55
09-09-2003, 09:04 AM
Sued for a song
N.Y.C. 12 yr.-old among 261 cited as sharers
By SONI SANGHA and PHYLLIS FURMAN
DAILY NEWS WRITERS
Brianna LaHara, 12, sits at home computer, where she uses $29.95 service to download music from Internet. Yesterday, music industry group sued her.
A shy Manhattan schoolgirl who gets a kick out of nursery songs and TV themes was among 261 people sued yesterday for downloading music from the Internet.
Brianna LaHara, a curly-haired 12-year-old honor student who started seventh grade yesterday at St. Gregory the Great Catholic school on W. 90th St., couldn't believe she's one of the "major offenders" the music moguls are after.
"Oh, my God, what's going to happen now?" she asked after hearing of the suit. "My stomach is all in knots."
Told she may have to go to court, Brianna's eyes widened behind wire-rimmed glasses and she said, "I'm just shocked that of all the people that do this, I'm on the list."
The Recording Industry Association of America said the suits filed yesterday included about 60 that targeted suspects in New York who downloaded more than 1,000 songs.
The group blames computer users such as Brianna, who use software programs to trade music with others on the Internet, for a 30% Dr0p in music sales.
Each person sued yesterday could be liable for fines up to $150,000 for each poached track.
'Appropriate action'
Experts had predicted a large number of the suits likely would name youngsters.
"Nobody likes playing the heavy and having to resort to litigation, but when your product is being regularly stolen, there comes a time when you have to take appropriate action," said Carey Sherman, president of the recording association.
Sherman warned that the group may file thousands more lawsuits against people who use programs like KaZaA, Grokster, Gnutella, Blubster and iMesh.
Brianna's mother, Sylvia, 40, director of a nurse placement agency, said her daughter was helping her 9-year-old brother with his homework when the Daily News arrived at their apartment on W. 84th St. with word about the suit.
"For crying out loud, she's just a child," the mother said. "This isn't like those people who say, 'My son is a good boy,' and he's holding a bloody knife. All we did was use a service."
The mother said she signed up for KaZaA, paying a $29.95 fee. "If you're paying for it, you're not stealing it, so what is this all about?" she asked.
She said Brianna downloaded music by Christina Aguilera and Mariah Carey, along with the themes to television shows like "Family Matters" and "Full House" - and even the nursery song, "If You're Happy and You Know It."
"That's really threatening to the music industry," she scoffed.
"If this was something we were profiting from, that's one thing. But we were just listening and sometimes dancing to the music," said the mother.
She vowed to get a lawyer to fight the suit, which she termed "ridiculous."
With Robert Gearty
Fight the Establishment. Down with censorship!!
Death Metal Moe
09-09-2003, 09:10 AM
IF she was paying, then the case should get Dr0pped.
If you're gonna get sued, you'd know by now, right? Because I've downloaded about as much stuff as she did on my shitty 56K modem, and it sounds like anyone who used Kaaza or a similar program more than twice is liable.
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Teenweek
09-09-2003, 09:11 AM
She said Brianna downloaded music by Christina Aguilera and Mariah Carey, along with the themes to television shows like "Family Matters" and "Full House" - and even the nursery song, "If You're Happy and You Know It."
Anyone who downloads this deserves to get sued
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Doctor Manhattan
09-09-2003, 09:14 AM
The mother said she signed up for KaZaA, paying a $29.95 fee...
They had a fee?
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Bill From Yorktown
09-09-2003, 09:17 AM
The mother said she signed up for KaZaA, paying a $29.95 fee...
They had a fee?
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funny, I was going to ask the same thing. Since when do you pay for Kazaa? Someone's fibbing somewhere....
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Teenweek
09-09-2003, 09:30 AM
I call bullshit. Besides the girl is fat and ugly. She should be outside playing not on the computer all day.
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Doctor Manhattan
09-09-2003, 09:59 AM
funny, I was going to ask the same thing. Since when do you pay for Kazaa? Someone's fibbing somewhere....
I think they are confused. They are paying 29.99 to the ISP for connecting to the internet.
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Bill From Yorktown
09-09-2003, 10:05 AM
I think they are confused. They are paying 29.99 to the ISP for connecting to the internet.
confused - like a fox :-) that's the exact spin their lawyer is going to try to put on this. Ignorance of the "law" (right or wrong) wont get them off. "But officer, I didnt know the speed limit was 45 on this road". This is gonna get UGLY fast.
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DarkHippie
09-09-2003, 10:10 AM
Kaaza started charging a few months ago, but if you used it beforehand, you don't have to pay. Kaaza-lite is still free.
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Bill From Yorktown
09-09-2003, 10:13 AM
Kaaza started charging a few months ago, but if you used it beforehand, you don't have to pay. Kaaza-lite is still free.
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uh oh - this makes it even worse. I hope that she signed an agreement that says "sharing copyrighted material is illegal..." or somesuch - just because she paid for it doesnt get her off. Once again, dont get me wrong, I dont agree with the whole filesharing crackdown, but if I go out and pay money for a gun, and use it to kill someone, it doesnt make it legal. The lawyers are only gonna make this uglier.
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Brianna LaHara, 12, sits at home computer, where she uses $29.95 service to download music from Internet. Yesterday, music industry group sued her.
What concerns me is the crappy writing of the journalists. A little subject-verb agreement would be nice.
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DC Reed
09-09-2003, 11:43 AM
The RIAA is pathetic. Artists make most of thier money off of Ticket Sales and Merchandising. Not CD sales. CD sales are barely enough to pay back the recording and promotion costs to a label. They try and make us feel sorry for an artist who had music stolen. Im sure Avril Lavinge is missing that 15 bucks this little girl didn't spend on her crappy disc.
It's pretty easy to avoid this RIAA shit.
First, don't download the brand new CD's off major user programs like Kazaa.
Don't download music off major label bands that are currently being pushed heavily.
Don't share any of your files, none, the RIAA is targeting mass-downloaders (album stealers), and the people who make them available.
Don't leave Kazaa on 24/7
and lastly, use a lesser known service. Soul Seek may not have as large a collection as Kazaa but it's just as good. (www.slsk.org)
The RIAA makes me sick.
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Doctor Manhattan
09-09-2003, 11:52 AM
It's pretty easy to avoid this RIAA shit.
I have an easier way. I'm back to just shoplifting the damn CD from the store itself. that way I save download/burn time, and I get the CD artwork that I don't pay attention to anyway.
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mdr55
09-09-2003, 12:47 PM
I have an easier way. I'm back to just shoplifting the damn CD from the store itself. that way I save download/burn time, and I get the CD artwork that I don't pay attention to anyway.
Doing it OLDSCHOOL!!!
Fight the Establishment. Down with censorship!!
TheMojoPin
09-09-2003, 01:13 PM
Seriously...how disgustingly poor are all of you?
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Heavy
09-09-2003, 01:58 PM
When i try to connect to limewire....i cant. the light thing turn green for a second and go's to red right away. All help appreciated
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i dont think it is right thats like saying i am getting sued for downloading a song becuse the prices are to expennsive
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GrimSanity
09-09-2003, 02:19 PM
sucks for her and the others. i protected myself once i heard about this months ago. i have blockers and other stuff to make sure no one gets my real info
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fluffernutter
09-09-2003, 02:26 PM
Seriously...how disgustingly poor are all of you?
Thank you.
Independent Record Stores people.
Those of you who go to the Sam Goody's, Coconuts and FYE's of the world should be shot anyway. Since when is it jusified paying $19.99 (OOPS! It's on sale for $16.99) for a CD. If you look there are still Indie shops (that sell major label stuff mind you) that won't rip you off and at best charge you $14.99 for a new disc. It is these corporate whoremongers like the stores above who charge the outlandish rates for CD's* that make some want to download the music in the first place. Maybe it is just me but isn't there another outlet for you to buy your music? Target and other chains (besides Wal-Mart who still edits) I know have CD's for a reasonable price still. Even Best Buy has them TOPS at $16 which is excusable.
Maybe the blame for why the music business is failing has to do with the fact that there isn't anything good out there anymore to listen to. Unless you are willing to settle for the mainstream.
I guess it all comes down to how passionate about music you are in the first place. If you are willing to listen to your radio and mandy-pandy satellite radio maybe you don't need CD's in the first place BUT when that song comes on you just have to have you go to the first place you think of, the mall. Then they will rape you. Your passionate music lovers will find the Indie shops and save money there while not supporting Sound-Scan (unless they have it installed) and not supporting Big Business.
As far as the suit goes, will they target the average user who have NOT signed up for the downloading service? The ones who sign up for the downloading service and give their NAME and LOCATION I would think are more prone to getting nailed.
* Nothing irritates me more than when I do go into the mall record stores to see how much they charge for shit and when I see the Indie releases that say on the back "Do NOT Pay More Than $11 For This CD" and the fucking store has it for $13.99! All for the almighty dollar though. Right?
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TheMojoPin
09-09-2003, 03:39 PM
Or just buy your CD's online.
Places like Djangos.com, SecondSpin.com, Gemm.com, CDNow.com and Half.com, all sell new, almost new or like new CD's that are all classified as "used" for ten bucks or less. Heck, used sometimes means the things were just bought, but never even opened, or were unplayed record company promos or record club "free" CD's. I haven't paid more than $12 (Shipping included) for a single CD in at least 5 years, and my collection is almost at 1800 at this point.
Heck, I found a UK site called CD-Wow.com that sells what we consider import CD's for the equivalent of about $12-$13, and they ship ANYWHERE in the world, for free, within 5 days.
And just be smart when you buy. Music chains and bookstores jack up the prices, but newer artists are usually dirt cheap at indie stores or big retail chains like Best Buy. Heck, the new Black Rebel Motorcycle Club album was $5.99 the day it came out at Best Buy! Most quality new artists go for $11.99 or less at stores like this.
I agree that there are tons of lousy artists that only put out one or two good songs an album, but it's gotten to the point where lazy shits download ALL of their music and NEVER buy anything, mainly because they can't be bothered to be smart shoppers. I can't imagine what they'll have to do when they have to grow up and make real purhcases down the line.
I can only guess that if they're presented with a new car for $45,000, they'll either act the fool and take it, no questions asked, or just steal it. Hooooo-ah.
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Doctor Manhattan
09-09-2003, 03:45 PM
Seriously...how disgustingly poor are all of you?
Not about affording CDs it's the principal and the fun. I have more fun getting a CD for "free" and the RIAA are a bunch of scumbags who have been ripping us (and musicians who make the music we like) off for years. It's payback time!
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GaryWyze
09-09-2003, 03:59 PM
[color=purple]Downloading is illegal
But fun http://www.cumshotsimages.com/img/csi01.jpg
See, it would've been better if I said "Butt fun" and linked a different kinda pic, but I'm not sure if linking is legal and who wants to get sued for linking pictures of cum covered asses?
They should just shut this whole darn interent down. No good can come of it.
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DC Reed
09-09-2003, 04:16 PM
Mojo, some people don't have the money to just buy an album blindly cause someone said its good. Take me for example, i download albums people reccomend, and buy ones that i discover on my own and enjoy the songs i download and all that.
Plus how can the RIAA prove I downloaded the songs. Various people download songs on my computer, so how can they prove I personally am responsible for it. Plus if i own the album, then I should be able to download all i want from that album.
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douchebagsean
09-09-2003, 04:44 PM
what about all the people who copy cds onto personal "mix-tapes" or burn their own cds for private use? id also like to know the constitutionality of some company like the RIAA to be able to get all your personal information without your permission. i thought we had privacy rights with our isp providers.
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fluffernutter
09-09-2003, 04:46 PM
There is a difference between downloading to PREVIEW and downloading to KEEP. It always comes and bites me in the ass with some artists and it catches me off guard.
Case in point, the first BRMC album was great until the second side and then I began to nap. I am gonna download some songs before purchasing the new one. I was EXPECTING a good new record from Andrew WK and From Autumn To Ashes and I buy them both today and it is like I took the $20 and wiped off that nice girls face in the picture that Gary provided. Then in the case of Kings OF Leon I take the blind chance on about 20 seconds of preview that the record shop gave me* that I Dr0pped the $10 on it and I love it. 6 of one, half a dozen of the other. So I guess either way you are screwed when it comes to music buying/previewing/downloading. I rarely keep the tracks I preview though.
* There is nothing like going up to the counter with CD case in hand and asking the clerk to hear the CD in hand. Better yet (in some cases) having the CD put on in the stores stero system for the whole store to hear. Kind of like in High Fidelity.
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DC Reed
09-09-2003, 04:53 PM
I wanna know is how can they prove I downloaded the song, and If I own the album, then can they still sue me for that song.
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mdr55
09-09-2003, 05:09 PM
Freaking A....they settled the suit and agreed to pay $2000.oo! Read it here:
Girl, 12, Settles Piracy Suit for $2,000
By TED BRIDIS, AP Technology Writer
WASHINGTON - 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.
The hurried settlement involving Brianna LaHara, an honors student, was the first announced one day after the Recording Industry Association of America (news - web sites) 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.
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. 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."
Fight the Establishment. Down with censorship!!
grlNIN
09-09-2003, 05:20 PM
I wanna know is how can they prove I downloaded the song, and If I own the album, then can they still sue me for that song.
They're not looking for specifics, just the amount of shared files per user. Basically the RIAA are lookign to make 'examples" out of users that take advantage of uploading.
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Death Metal Moe
09-09-2003, 05:21 PM
I'm poor and I'm disgusting. But I'm not sure if I'm disgusting because I'm poor.
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TheMojoPin
09-09-2003, 05:31 PM
Mojo, some people don't have the money to just buy an album blindly cause someone said its good. Take me for example, i download albums people reccomend, and buy ones that i discover on my own and enjoy the songs i download and all that.
So do I. I have no problem with people who have thousands of MP3's. It's just people who feel it's OK to do that as opposed to ever buying another CD again because they're "too expensive" or "there's nothing good out there".
Bullshit.
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Bill From Yorktown
09-10-2003, 11:38 AM
hmm, the RIAA is citing filesharing as the reason why profits are down. Meanwhile the economy has been in the dumper for a couple of years, but no one thinks that might also be responsible for their profits being down. Sure, I guess the reason I havent had a raise in 4 years is due to filesharing too. right.
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Alice S. Fuzzybutt
09-10-2003, 11:51 AM
What kills me is that the majority of people they're going to sue are kids and college students.
I hope Lars Ulrich is happy.
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canofsoup15
09-10-2003, 12:07 PM
Yea really, Lars should die, lets see what hes done:
Helped in the process of ruining a good band
Made a member better than hell ever be leave (Jason)
Helped in this whole File-Sharing Debaucle
And is justa complete douchebag
FUCK YOU LARS!
I download music, not alot, mostly things i cant find or that i want to preview. I buy lots of CDs. I think this whole thing was a set-up or something, just to try to make downloaders scared. BUT THEYLL NEVER GET ME!!
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gypsy
09-10-2003, 12:10 PM
F Em!! The record industry has been found guilty of price fixing on serveral occasions. Another reason why people steal music is because most albums contain 1 good song, and the rest filler.
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Bill From Yorktown
09-12-2003, 04:37 PM
Brother Wease steps up to the plate
Here (http://www.ronfez.net/messageboard/viewmessages.cfm?Forum=52&Topic=32054)
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Alice S. Fuzzybutt
09-12-2003, 05:09 PM
Very cool on Wease's part.
But what's going to happen to the other litigants? There's a retired grandfather who's grandkids downloaded some songs onto his computer. Now HE's getting sued.
If someone gathered a list of names of the litigants, I'd love to start some sort of fund for them. Of course, I have no idea what the FUCK I'd be doing, but I do know the music industry, in general, and not just the RIAA is nothing but a bunch of greedy SOBs.
I'm serious. I'd need help since 1) I have no idea how to start a fund, and 2) I am SO not computer savvy!
But my heart is in the right place.
I know this has been said before, but it kills me that Lars Ulrich was such a weasel about file sharing. Metallica had a cult following BECAUSE kids shared tapes.
What's Danish for fuckface?
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This message was edited by Alice S. Fuzzybutt on 9-12-03 @ 9:10 PM
SatCam
09-12-2003, 05:19 PM
Haha, this sounds REALLY REALLY PETHITIC but I watch the FREE music videos online (legally) and record the music. HAHA OWNED. Christina Agularea, John Meyer, it's all there.
And you can forget free Unhallowed mp3s off mp3.com.
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TheKnicks23
09-12-2003, 05:24 PM
Anyone else watching the Music Wars on Tech TV?
It's really good.
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This message was edited by TheKnicks23 on 9-12-03 @ 9:24 PM
JustJon
09-12-2003, 05:28 PM
At the height of napster, the music industry was up $2.1 Billion. Yes, billion with a b. But they were claiming at the same time that they were losing money.
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