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
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Re: RIAA lawsuits
I used to buy RIAA CDs, but will not buy another till they reverse their ridiculous stand on downloading music.
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Support the RIAA!
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Re: Support the RIAA!
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Re: Support the RIAA!
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Re: Support the RIAA!
Ahem. BULLSHIT.
1) Jim Crow laws
2) Prohibition
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Re: Support the RIAA!
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IANAL, but...
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: IANAL, but...
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...
"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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Re: IANAL, but...
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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Re: IANAL, but...
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Re: IANAL, but...
So watching over someone's shoulder every-time they touch your computer is acceptable? Even as they enter their private passwords? That would be more an invasion of privacy. And what if they have their own device? Tablet or smartphone but are using your wi-fi/IP address.
I am not sure how you can say that a person can be partially responsible for another's actions that they cannot predict or be aware of.
Unless you suggest we get to the point where every individual in a home has their own broadband account with fixed IP addresses so they can individually be traced and held accountable. (And back to your car example - every person has a car with only one door so no-one else can jump in carrying something illegal - perhaps an x-ray machine in the boot/trunk just to be safe, in case grandma has a stash up her rear bumper..).
So no. I wont be admitting partial responsibility for anything (car or computer) that someone else does without my knowledge. That would be like an Airbus Pilot taking responsibility for a hijacker taking over his plane and shooting people during negotiations. Damn pilot, hope he goes to jail for what he didn't do!)
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Ignorance of the law...
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$ for 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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Re: $ for Kazaa
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Accessing Online Accounts
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Re: $ for Kazaa
Its FREE at www.download.com !
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Re: $ for Kazaa
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Re: Re: $ for Kazaa
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Boycott 'em
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Boycott!!!!!
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
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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Cammon Lawsuits.
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Law suits
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What a terablo ting
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我淫我色
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The culprits in these cases are not the individual people who are obtaining the music or other copyrighted media, but rather the programs and/or services who facilitate it. The focus of the RIAA should be to remove their content from these free file sharing service, or force the services to remove it (or prevent it from being uploaded or spread in the first place).
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Re:
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The situation is the same worldwide
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RIAA have done it again...
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Just pay for it!
However those of you claiming its okay to download stuff if its not for financial game are out of order and should be targeted, the song or film, etc belongs to the company who made it, its there product and by illegally downloading it, its theft, just like if you walked into a shop and took something without paying, but I'm going to guess that you think thats okay.
To everyone who actually pays their taxes and bill, etc and keeps within the law, good on you!
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Re: Just pay for it!
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Just pay
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Common Sense Please
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illegal, yeah right...
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