bigpoppanils Posted September 9 Report Share Posted September 9 Sued for a song N.Y.C. 12 yr.-old among 261 cited as sharersBy SONI SANGHA and PHYLLIS FURMANDAILY 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% drop 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 Geartyhttp://www.nydailynews.com/front/story/116117p-104761c.htmlOriginally published on September 9, 2003 :cuss: Quote Link to comment Share on other sites More sharing options...
mala Posted September 9 Report Share Posted September 9 Thats insane. I saw it on the cover of the Daily News this morning, and I had to laugh. I guess the music industry is trying to make an example out of her to deter others from doing the same. I don't know the legalities of Kazaa charging to use their service. Its not like they bought the music in the first place. Anyone know more about the deal w/ Kazaa? Quote Link to comment Share on other sites More sharing options...
djscotphreak Posted September 9 Report Share Posted September 9 Quote Link to comment Share on other sites More sharing options...
tottallyoff Posted September 9 Report Share Posted September 9 funny. tragicly funny. not Ha Ha funny. Quote Link to comment Share on other sites More sharing options...
exit24e Posted September 9 Report Share Posted September 9 Fuck that bitch, she should be hanged! Quote Link to comment Share on other sites More sharing options...
magilicuti Posted September 9 Report Share Posted September 9 they choose her to make an example out of her. that anyone can be fined. its so much bullshit. she didn't download as much music as many of us on this board i bet. but because of her age they just picked her. they tried going after the big servers which will never ever be stopped so now they are just using the scare factor like all the media does Quote Link to comment Share on other sites More sharing options...
trancerxn112 Posted September 9 Report Share Posted September 9 they cant do it. This case will be overturned by the appellate court, it is an extreme violation of the peoples fourth amendment right of protection against illegal search and seizure... unless they obtained a warrant to search through these peoples computers they cant prove that they even have the files on their computer. If they actually hacked or recieved a copy of what songs these users did have they would still need a warrant to present it as evidence other wise it would be "rotten fruit" from the "forbidden tree" and inadmissible as evidence. Quote Link to comment Share on other sites More sharing options...
djmikebugout Posted September 10 Report Share Posted September 10 Originally posted by trancerxn112 they cant do it. This case will be overturned by the appellate court, it is an extreme violation of the peoples fourth amendment right of protection against illegal search and seizure... unless they obtained a warrant to search through these peoples computers they cant prove that they even have the files on their computer. If they actually hacked or recieved a copy of what songs these users did have they would still need a warrant to present it as evidence other wise it would be "rotten fruit" from the "forbidden tree" and inadmissible as evidence. hey mikey...hate to tell u this but the court already said they can see who is downloading and prosecute them...check out the Verizon case....4th A wouldnt apply here--when you sign onto Kazaa and the others and share your shared folder, you are putting the files into what is called "plain view" thus your expectation of privacy is diminished.... Quote Link to comment Share on other sites More sharing options...
trancerxn112 Posted September 10 Report Share Posted September 10 Originally posted by djmikebugout hey mikey...hate to tell u this but the court already said they can see who is downloading and prosecute them...check out the Verizon case....4th A wouldnt apply here--when you sign onto Kazaa and the others and share your shared folder, you are putting the files into what is called "plain view" thus your expectation of privacy is diminished.... understandable i guess we will have to see how the judges analyze this case. either way theres always ways around the system ... cough cough... EMC! Quote Link to comment Share on other sites More sharing options...
mangledx Posted September 10 Report Share Posted September 10 why wouldnt people that got busted just delete them.....?? wouldnt that be a bitch to prove...that u actually had the files to begin with?or am i being to simple with this? Quote Link to comment Share on other sites More sharing options...
teklord310 Posted September 10 Report Share Posted September 10 How do they know the little girl was downloading music? Anyone on their home computer could have downloaded music.And what is the $29.95 fee for? Kazaa charges? It's all bullshit. It's part of our modern day society, they will never win. So record sales dropped, big deal... the big artists make the money elsewhere. Are they poor? no! so stfu. Quote Link to comment Share on other sites More sharing options...
rocksteadyct Posted September 10 Report Share Posted September 10 Originally posted by trancerxn112 understandable i guess we will have to see how the judges analyze this case. Thats the beauty of it, they never will, hence the settlement..it seems like everyone they go after is too poor to afford bringing this to court, so they have to settle. That is why Rich Companies own our country, because only money talks! If you dont like the laws, change em! (DMCA etc)anyways, this case was just propaganda to scare kidz, chances are the girl didnt even really have to pay..They say as a company you should never piss off your customers, because you will scare them away, but that doesnt seem to be a problem when you are a monopoloy(sp?)! Quote Link to comment Share on other sites More sharing options...
rocksteadyct Posted September 10 Report Share Posted September 10 Originally posted by mangledx why wouldnt people that got busted just delete them.....?? wouldnt that be a bitch to prove...that u actually had the files to begin with?or am i being to simple with this? apparently, all the people they go after, they have been tracking for quite some time, usally back to the "napster" days...so they probably would have all kinds of records that your isp was forced to give them, once they decided you were a terrorist Quote Link to comment Share on other sites More sharing options...
ketaman Posted September 10 Report Share Posted September 10 Originally posted by teklord310 How do they know the little girl was downloading music? Anyone on their home computer could have downloaded music.And what is the $29.95 fee for? Kazaa charges? It's all bullshit. It's part of our modern day society, they will never win. So record sales dropped, big deal... the big artists make the money elsewhere. Are they poor? no! so stfu. now, don't get me wrong, I love dl'in music as much as all of you but people do get hurt from us downloading this music. It's the little record shops that get fucked. That's who I feel for in this case. The small time artists get fucked but not as much as the store owners. Tower, Virgin and the rest of them will survive, smaller stores won't. Quote Link to comment Share on other sites More sharing options...
abortionator Posted September 10 Report Share Posted September 10 Originally posted by ketaman now, don't get me wrong, I love dl'in music as much as all of you but people do get hurt from us downloading this music. It's the little record shops that get fucked. That's who I feel for in this case. The small time artists get fucked but not as much as the store owners. Tower, Virgin and the rest of them will survive, smaller stores won't. small stores fail all the time regardless of what they're selling. It sucks but I'm still not spending $20 for 12 songs. Quote Link to comment Share on other sites More sharing options...
joeg Posted September 10 Report Share Posted September 10 Originally posted by abortionator small stores fail all the time regardless of what they're selling. It sucks but I'm still not spending $20 for 12 songs. especially when only 3 or 4 of them are good. Quote Link to comment Share on other sites More sharing options...
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