RIAA settles with 12-year old girl

John Borland, Special to ZDNet
10 September 2003 10:10 AM
Tags: music, borland, john, to, riaa, peer, file, swapping
Barely 24 hours after suing alleged file swappers around the United States, the recording industry has settled its first, agreeing to drop its case against a 12-year-old New York girl in exchange for US$2,000.

The Recording Industry Association of America (RIAA) filed 261 lawsuits Monday against computer users it said were exclusively "egregious" file swappers. One of the targets wound up being Brianna Lahara, who was identified by the New York Post as a 12-year-old honours student who lives in a New York City Housing Authority apartment.

The trade group said Tuesday that it had agreed to settle with the preteen's mother for a sum considerably lower than previous settlement arrangements.

"We understand now that file sharing the music was illegal," Sylvia Torres, Brianna's mother, said in a statement. "You can be sure Brianna won't be doing it anymore."

The quick settlement points both to the public relations dangers of the RIAA's shotgun lawsuit approach and to its simultaneous effectiveness. Other sympathetic defendants are likely to emerge, but the group is setting a fast precedent of pushing people toward settlement.

"We're trying to send a strong message that you are not anonymous when you participate in peer-to-peer file sharing and that the illegal distribution of copyrighted music has consequences," RIAA chief executive Mitch Bainwol said in a statement. "And as this case illustrates, parents need to be aware of what their children are doing on their computers."

The RIAA had previously settled with four college students sued in April for between US$12,000 and US$17,000. The group said Monday that it had already reached agreements with some of the latest round of defendants to settle for about US$3,000, but that future agreements would likely carry a higher price tag.

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Talkback 8 comments

    I don't think I have heard of a 12 year old who has stolen multiple cars being fined 2 thousand dollars. I am sure people will agree at 12 she knew what she was doing and thus shouldn't be immune from punishment if others are being punished for Poochie -- 10/09/03

    I don't think I have heard of a 12 year old who has stolen multiple cars being fined 2 thousand dollars.

    I am sure people will agree at 12 she knew what she was doing and thus shouldn't be immune from punishment if others are being punished for the same act , but there is no way I would be fining a 12 year old (or his/her parents) 2 thousand dollars for sharing mp3's on the internet.

    This will be a public relations disaster given the age of the kid (especially if it is repeated) and hopefully the RIAA will get a really large and swift slap across the face with the hand of public opinion.

    RIAA can suck my MP3. No way will I stop until music is affordable. $1 per song sounds ok to me. Beats a $50 cd that is 80% sh!t. Just try to stop me.. You will never suceed! *Big Evil laugh*Dr Claw -- 10/09/03

    RIAA can suck my MP3. No way will I stop until music is affordable. $1 per song sounds ok to me. Beats a $50 cd that is 80% sh!t. Just try to stop me.. You will never suceed!
    *Big Evil laugh*

    Nice comment dude. You will continue to steal!? Theft is a theft, regardless the price is fair or not! Ask Bill Gates. ;-P If Bill Gates will agree to share his CD's on Kazaa, than RIAA should follow. Or try to convince Bill Henry Bulshicky -- 10/09/03

    Nice comment dude. You will continue to steal!?

    Theft is a theft, regardless the price is fair or not!

    Ask Bill Gates. ;-P

    If Bill Gates will agree to share his CD's on Kazaa, than RIAA should follow. Or try to convince Bill to charge for MS Office just $1.00.

    I can't see any difference between swapping the software or the music. No difference at all.

    Actually I see the difference.

    If you have a computer, you must have software and the operating system.

    But... you DON'T HAVE TO HAVE MUSIC YOU LIKE.

    Listen to radio if you can't afford to listen what you love to.

    ...or

    ...listen to what you CAN afford!

    It's that loud and clear for you!?

    Hey Henry , have you listened to the radio lately lol? I actually use it to wake me up instead of using the buzzer in my alarm clock - no BS! The money vs product argument is a bad one when it comes to what is reasonable and fair. JohnBoy Walton -- 10/09/03

    Hey Henry , have you listened to the radio lately lol?

    I actually use it to wake me up instead of using the buzzer in my alarm clock - no BS!

    The money vs product argument is a bad one when it comes to what is reasonable and fair.

    What would you say if the price doubled overnight? If you don't like it , don't listen?

    What if it tripled and quadrupled while the quality of the product got worse and worse?

    Of course , if this happened , people would say well I want to do the right thing but to do this I have to cave to the pressure to buy legal material and make a group of market fixing artless morons who are acting as if the net is a passing fad richer - or I can download it for free , and through the RIAA bottom line getting lower and lower I can force change.

    This is exactly what has happened due to the simplicity of it - though I am totally anti-piracy where circumstances permit buying a quality product which is affordable and file sharers know it , but take it for free anyway.

    It has happened in every society with a market culture since man swung a club - overcharge and make consumers feel as if too much of their hard earned money is being taken from their palms , then they who have no choice but to pay or steal will steal if they cannot afford or reasonably justify the prices to purchase where there is no sensible alternative.

    Ignore that logic at your peril as it's the logic which most people are using.

    Where prices are fair though people should be doing the right thing - I just bought Powderfinger & Something For Kates latest cd's = happy customer.

    Quality = I buy , and crap = I won't download a full album but I will download maybe 2-3 tracks that are not released as singles (more than 3 tracks to me would justify buying the album).

    I won't sit awake at night cursing a kid on his parents computer with next to no money downloading a few mp3's.

    Listen to radio? Yes! You don't!? How you know what is good in the music market? How do you know which group or which CD even exist? I'll tell you why. Because RIAA invested milions of $'s to put it into radio, TV cHenry Bullshicky -- 10/09/03

    Listen to radio? Yes!

    You don't!? How you know what is good in the music market?

    How do you know which group or which CD even exist?

    I'll tell you why.

    Because RIAA invested milions of $'s to put it into radio, TV channels, news magazines and so on.

    They have done it because they want you to buy the CD.

    They do whatever they can to deliver the best product and to promote it. That's why prices of newest CD's are high.

    Ignore RIAA, go to mp3.com and buy cheap whatever you want!

    Search for hours to find something good!

    Buy... if you like it!

    Why not?

    Because RIAA spent mega $'s to promote good stuff for you and now you want to steal it!

    That's why!

    You can justify whichever way you want.

    It's a theft and it's immoral, my friend.

    You are thief if you do it!

    Have a nice day....

    "You don't!? How you know what is good in the music market?" Just because music appears on radio does not mean it is good , period. If I am using the radio as an alarm I think I might be listening to the radio Henry. Labelled A Theif -- 10/09/03

    "You don't!? How you know what is good in the music market?"

    Just because music appears on radio does not mean it is good , period.

    If I am using the radio as an alarm I think I might be listening to the radio Henry.

    To find out what else is around I watch Rage , keep an eye on the music charts , and listen to friends who tell me of upcoming music (as they follow the progress of albums).

    "How do you know which group or which CD even exist?"

    Advertising - which is not something the music industry is entirely responsible for , and I don't listen to their profit seeking spin anyway (like all things , I listen before I buy and that does come through radio and other mediums etc which the industry do use).

    Recommendations from those who listened/purchased hold much more weight.

    The music industry promotes who it wants to promote - don't for one minute act as if they are a friend to musicians who want to get into a stacked industry which they have by the balls.

    Don't act as if radio is there for musicians either - try getting a track played on radio while the music industry wants their own stuff played , and push to make sure radio plays it with as little competition as possible.

    "They do whatever they can to deliver the best product and to promote it. That's why prices of newest CD's are high."

    To deliver the best product huh - once again I wonder where this radio you listen to gets its music.

    "Because RIAA spent mega $'s to promote good stuff for you and now you want to steal it!"

    Good stuff huh , listen to Video Hits & at least half the songs in The Top 50.

    "Ignore RIAA, go to mp3.com and buy cheap whatever you want!"

    There is no mention of pricing before sign-up and there is no way I am going to until I see clear pricing - the last time when I was at www.mp3.com.au the prices per track were like $4 each , and now there is a big push to get you to sign-up without any mention of how much you will have to pay (believe me I looked for pricing).

    I would gladly pay for each track if the price is reasonable and not hidden (it must be above 128 k/s too).

    "Because RIAA spent mega $'s to promote good stuff for you and now you want to steal it!"

    The stuff the RIAA promote is hardly stuff I want to download , as the stuff in front of the big marketing push usually really sucks and stinks of being production line crap.

    "It's a theft and it's immoral, my friend."

    So were the convicts who were starving and sent to Australia to serve long sentences of hard labour for stealing bread.

    Sounds sensible huh - like downloading a few mp3's and being liable for thousands of dollars in fines.

    But hey , using your argument they are criminals and deserve it - if you can't afford it , don't steal it.

    "You are thief if you do it!"

    We are surrounded by so many of them , and if you think sounding righteous is working for you , put your hand up at The Big Day out and yell out "you are all theives if you download music without paying for it"

    Give me time to press the button on my stop watch so I can time you running for your life back to your mode of transport.

    If you leap into someone elses car to get away I hope you go to jail because thats stealing and you would be a thief.

    Why do we all brother? I stopped listening to charts a long time ago. I don't brother downloading them anymore, and when you drive and listening to the radio, they played all the hit songs until you are so sick of it so that you dont' have to listen to Anonymous -- 10/09/03

    Why do we all brother? I stopped listening to charts a long time ago. I don't brother downloading them anymore, and when you drive and listening to the radio, they played all the hit songs until you are so sick of it so that you dont' have to listen to it FOREVER. A current CD is so damn expensive it is definitely not worth buying and most of the tracks are crap.

    RIAA were just trying Big brother, and crucify anyone who stood in his way. In reality it's almost safe to say that most of the song are crap, mayone only one track (or a couple more if you are lucky) in the whole CD are worth listening. To make matters worse they outlawed the old things that we used to do, taping radios and backing up cds, so that we have to buy full version. Yeah right I am going to do that! The only people inconvienced are legitimate people who paid good money for their products, and the rest, crack and copied, etc. What's next? As more 'rights' were taken away from legitimate users, people will get pissed off and say - 'stuff it', and you lose another customer all together.

    As to selling a track over the net for 1 dollar - in your dreams, maybe. IT's not AS profitable and will encourage people to steer away from CDs, which is a bad thing for profits. After all we pay at least 10 bucks for the plastic, right? And good on the UNIs not to bow down to big brother and wipe all the mp3s off their servers. That'll teach RIAA not to be arrogrant.

    As to piracy I don't pay for music anymore, nor that I listen to them, but I did dl music, and that makes me a thief, but so what? I admit to it, and I am not trying to justify my actions. It's just that the music industry will lose me as a customer forever, given the crap they publish and expect me to pay for it with an arm and a leg.
    Since people flow like water, taking shortest path to anything and if it is free, justified the "inconvience" and hours of finding for the track - piracy is and will be a problem FOREVER.

    As Today Tonight ran a story on the potential Internet bills connected with this file sharing practice (see http://todaytonight.com.au/stories/675011.html) I think some one could be accused of collusion or complicity or entrapment here.David Richardson -- 12/09/03

    As Today Tonight ran a story on the potential Internet bills connected with this file sharing practice (see http://todaytonight.com.au/stories/675011.html)
    I think some one could be accused of collusion or complicity or entrapment here.

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