I guess this has a little to do with the other posts about copyrights, etc. Has anyone else been sued by the RIAA for downloading music? I am being sued by the RIAA for my kids and I downloading music from Kazaa. I am supposedly one of worst offenders in the nation. The RIAA lawyers went on line at about 2:00 am sometime in September and copied my MP3 files that I had available on my computer. The RIAA has 64 pages of songs from my computer and are trying to sue me for 900 of them that are their clients music. They will settle for $4500 that I definately don't have. If they go to court and win they could get up to $150,000 per song-do the math! If anyone is downloading music from Kazaa or anywhere else for free I would strongly advise against it-unless you like getting sued. I would love to hear your folks comments. I can't really say anything more because I am being sued and don't want to screw anything up. Posted by Todd Gill (Member # 2569) on :
Mike,
The music industry is really taking a loss because of sites like you describe...well, loss is a relative term when they make gazillions...but nevertheless....
I would hope that you could strike a deal where you would agree to wipe your hard drive of all bootlegged MP3 files, and agree to not do it again....
Have you told them that you are sincerely sorry, didn't realize the magnitude of the situation and tell them you don't have even the $4,500....but would happily cease all future mp3 downloading and sharing of files???
I hope you can get out of it without losing your shirt...good luck Mike. Posted by Tony B (Member # 935) on :
That sucks. It's really the record companies that are getting rich off this thing. There are actually several artists that oppose it.
[ March 30, 2004, 11:25 AM: Message edited by: Tony B ]
Posted by Curtis hammond (Member # 2170) on :
I wish you luck but they are losing some of these lawsuits.
[ March 29, 2004, 08:25 PM: Message edited by: Curtis hammond ]
Posted by Kimberly Zanetti (Member # 2546) on :
Mike, Just curious, once you downloaded the music did you leave it in your shared folder?
Posted by Doug Allan (Member # 2247) on :
That is some harsh reality Mike. I hope you are able to find a way to resolve the matter without that huge of an expense.
look on the bright sidethough... maybe now you can be in a Pepsi commercial in next years Super Bowl Posted by Mike Pipes (Member # 1573) on :
Read this article and pay close attention to the very last sentence.
You just might be able to get by with a plead and promise to never do it again. This whole thing is a scare tactic to drive home the point.
Posted by Randy Cockburn (Member # 4462) on :
Sorry to hear about your problems anyone else deciding to use a peer sharing service should seriously have a look at installing Peerguardian. http://methlabs.org/methlabs.htm this will block connections from known RIAA and other snoopers. Probably not foolproof but gives people some privacy.
Posted by old paint (Member # 549) on :
if you use kaza, you need to remove all music from your shared file. then when they snoop on you they only see 1 or 2 songs and they go on there merry way. 1-10 songs arent worth their trouble.
Posted by Mike Duncan (Member # 316) on :
Hi to all, Well yes, I did leave them in my shared file. I'm not a brain surgeon! I did make offers through my lawyer, but they are sticking with the $4,500. I did wipe all the songs off-promised not to do it again and told them I tell everyone not to download, but to no avail apparently. OP, I have been in a 12 step program for alcoholics since October and one of the biggest things I am getting out of it is rigorous honesty. Downloading and then "hiding" the songs is not part of my program.
INTEGRITY: Doing the right thing when no one is watching.
My kids and I screwed up and will now have to deal with the consequences. Stupidity should hurt I guess! A probably poorer, but much wiser old fart. Posted by TransLab (Member # 470) on :
I'm no lawyer, but on your first post you mentiioned not saying anything more about this because your case is pending. That's a really good idea.
People making comment, including those directed to and/or including how to avoid being "caught" could find this used as evidence in future procedings should they be prosecuted.
I wish you luck in the future. Rapid
Posted by Todd Gill (Member # 2569) on :
Hey Mike....you have a great attitude and I applaud you for your integrity....
Hey, look at it this way....in life things occassionally go wrong and cost you money....I just forked over $2,000 to repair a blown intake gasket, head gasket/warped head, water pump, cam sensor..etc on my GM Venture minivan.
After asking around, I find out that Chevy Venture intake gaskets are notorious for going bad...usually by 75K miles. Everyone that has one that is 3-4 years old has had to replace them and GM won't fork over a dime if it's out of warranty and won't do a recall because it isn't considered a "safety" issue.
I've been burned too many times by GM. I think I might go back to a made in the USA Honda or Toyota.
Anyway, back to your issue...hang in their Mike. One way or another something good will come of this for you. Posted by Frank Magoo (Member # 3950) on :
Just my two cents here, Mike, not to start something, but, I'd ask my attorney to attack or find another attorney. I'd appeal to the courts, not the co. it's self, to let broader minds prevail and seriously look at harm to be done to you and your family if they presist. If Co. really wants to "punish" you as example, they should file collectively against all violators, not just one or two, as in your case. "Damage" was done by multitudes, why not "punishment" too? That's why I'd attack. I'd not let them damage my lifestyle w/o one hella fight, you mentioned integrity, show some, stand up for you and your daughters rights. Courts work both ways. You might end up spending that $4500, but if you win, it was worth every penny. If they can't accept a fair conclusion to their problem, then let em eat cake.
Posted by Steve Burke (Member # 2674) on :
hmmm. Frank- You get caught doing something wrong, then expect to be let off because no-one else gets fined? How do you rationalize that? If that is the case the next speeding ticket I get I'm going to tell the judge that the guy beside me was going just as fast and HE never got pulled over, so I am not paying...WTH???? It doesn't work that way, buddy...You do the crime you do the time...he got caught fair and square.
Posted by Mike Duncan (Member # 316) on :
Right Steve- You get it. Mike Posted by Frank Magoo (Member # 3950) on :
Hmmmmm, Steve; seems you should have read my reply more throughly, where does it say I advocate crime?
I couldn't find it either.
If you had been more attentive, you would have realized my reply was in protest of him having to bear cost of violation as if he was a major player, which he's not, just an entertainment need satisfied like thousands of others. Not saying by that it's ok to break the law, even if it's self-serving, to use your analogy; is it fair for him to pay for a reckless driving ticket when his offense was 2miles over limit? My point is; NO, it's not and in his particular case where a large concern can cost him his lifestyle because of it, I suggested he turn to courts for relief, not for forgiveness. I never suggested otherwise.
Posted by TransLab (Member # 470) on :
Canadian court rejected record companies motion today
Online music swapping legal: court Last Updated Wed, 31 Mar 2004 15:24:32 EST
TORONTO - Individuals who share personal copies of music files on the internet are safe after a Federal Court rejected a motion on Wednesday that would have allowed the music industry to sue them.
Justice Konrad von Finckenstein said the Canadian Recording Industry Association hadn't shown copyright infringement by 29 people who had allowed their music files to be uploaded.
Making files available in online, shared directories is within the bounds of Canadian copyright law, von Finckenstein ruled.
"No evidence was presented that the alleged infringers either distributed or authorized the reproduction of sound recordings," von Finckenstein wrote in his 28-page ruling. "They merely placed personal copies into their shared directories which were accessible by other computer users via a P2P service."
<p The Canadian Recording Industry Association last month asked the judge to order the country's largest internet providers to release the names of 29 people who share copyrighted music through music swapping networks such as Kazaa, Grokster and Morpheus.
The music industry wants to shut down internet file sharing of music, blaming it for plummeting sales of compact discs.
Last year, the recording industry in the United States began going after people who share music online.
The Recording Industry Association of America has sued about 400 individuals in the U.S. for allowing others access to song files. Several people have settled out of court for about $3,000 US each.
On Tuesday, the recording industry sent warning letters or filed charges against 247 people in Denmark, Germany, Italy and Canada.
Written by CBC News Online staff
Posted by Steve Burke (Member # 2674) on :
Frank,
I read your post quite thoroughly, and you are suggesting that because they are not suing everyone ELSE that he (and his daughters) be let off, and that this is their "right". That is what you are saying, not what I am inferring.
I actually agree that they should go after everyone if they go after anyone, but they didn't...I am not saying I am happy that Mike is getting hammered with this, but maybe he was the easiest one to find because he doesn't have all of these magic tricks up his sleeve like some of the bigger players.
Also, I think Mike is showing integrity already by saying to other people "look what happened to me...watch out" instead of watching to see who else gets pegged.
Posted by Doug Swearingen (Member # 4595) on :
basically, the appeals court ruled that unless the riaa has filed a formal lawsuit against the isp of a suspected offender then the isp is under no obligation to provide the identity of the offender. sounds like they got you in the first round, before this....
quote:"They said they were police from the recording industry or something, and next time they’d take me away in handcuffs," he said through an interpreter.
they really are going too far when stuff like this happens....
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