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efc
November 21st, 2003, 03:36 AM
Another teenager and the RIAA.

Local Teen Singing The Blues After Being Sued For Downloading Music

November 17, 2003

By Joe Furia

SEATTLE - A crackdown by the music industry has one local family singing the blues. They're being sued because their 15-year-old daughter is accused of illegally downloading and sharing music over the Internet.

Megan Dickenson is in the middle of a controversy she doesn't understand. She's been downloading songs on the Internet -- a lot of songs. About 1,100 at her last count.

And the music industry's not happy. The Recording Industry Association of America is suing Megan and her parents because of all those songs.

When asked if she had any idea there was something wrong with what she was doing, Megan said, "No, not at all."

Megan's mother Becca doesn't know what to do.

"It's unfathomable, I can't believe this is happening to us."

The lawsuit is demanding the family either pay a $3,500 settlement, or fight the suit and go to court. If they lose, they could have to pay $750 per song.

Remember, Megan had 1,100 songs. That's $825,000.

"It's put us in a terrible spot," Becca Dickenson said. "There's enough to worry about with your day-to-day without having something like this happen and it really is just bigger than life."

The family's troubles started at a Web site called Kazaa. Megan downloaded Kazaa software and began downloading songs.

She's says there's nothing on the site or the software warning users they could be doing something illegal.

She also claims she didn't know the software allowed others to tap into her computer to get those songs. It's known as 'file sharing'.

In essence, Megan distributed music illegally -- a violation of federal law.

"It's not like they warned you or anything that it wasn't legal," she said.

Another person we met -- we'll call him John -- has been violating federal law too. He just hasn't been caught.

"I feel like kind of a sucker to pay money for something that I can get for free," he said.

John's music collection dwarfs Megan's: 5,297 songs. At $750 per song, he could face $3.5 million in penalties if he's caught.

He knows about Megan's troubles, but he's not worried.

"The odds are so slim that I would be caught that it seems kind of silly to actually worry about it that much," he said.

The RIAA has reportedly filed more than 260 lawsuits against music lovers who, they say, have been illegally sharing files across the country.

"When your product is being regularly stolen, there comes a time when you have to take action," said Association President Cary Sherman. "We cannot allow online piracy to continue destroying the livelihoods of artists, musicians, songwriters... everyone in the music industry."

However, some local bands say they didn't ask for and don't want protection from fans downloading their music.

"I'm all for file sharing," said Mark Arm, the lead singer for Mudhoney. "I think it's ridiculous that they're going after 80-year-old women and 15-year-old kids, no matter how many items they've downloaded."

The biggest artists may have the most to lose. File sharing takes money out of their pockets, because fans download the music rather than buy it.

Non-mainstream, more independent artists take a different view. File sharing gives them exposure they may not otherwise get.

Megan, meanwhile, doesn't understand all the legal issues or what's at stake. She's 15 -- all she knows is she downloaded some music, and never had any idea it could cause so much trouble.

"Yeah, it seems ridiculous," she said.

More than 50 of the 260 people originally sued by the RIAA have already settled. The Dickinsons' still haven't decided what they're going to do.

Meanwhile, the music industry is moving ahead, and promising more lawsuits.

Big Booger
November 21st, 2003, 04:36 AM
The only way to stop the RIAA is to boycott. You hurt their profits seriously, and they will lay off the file sharers.. Another thing is contest to your hearts content. This is not like being caught with your hand in the cookie jar. It is cyber crime which is much more difficult to prove.. IMHO.

They can say well your IP was shown as sharing file X, Y, and Z. But actually proving that it was you is much harder..

Take the case of the lady who was running the Mac OS. How did that mistake happen? Obviously she was not running kazaa.... but yet they targetted her...

What a joke. This is just a scare tactic that they hope will discourage users from sharing. They know they will never get everyone. They just want to change the attitudes of sharers.. It will fail... and from my perspective is back-firing and giving this corporations bad names.

The RIAA sucks! Instead of educating, embracing new technology, and reaching out to their potential customers, they're taking an aggressive stand and trying to put them in jail.

And then there is the thought that they may have the wrong file... or files that are mislabeled. Or files that are correctly labeled but then are different in content...

You could have two files:
Michael Jackson's Thriller for example.

Both are named MJ's thriller, both are about 3MB in size. But one is a kid named MJ singing thriller to his parents....

The possibilities are endless..

BUt with 1000 files shared that is a lot of music. Perhaps they should learn to pull files from their "My Shared File" to another location on their hard drive, and only share the hard to find stuff LOL

Just kidding. My point still stands, the RIAA SUCKS!

zipp51
November 21st, 2003, 04:52 AM
Now what if you encrypt the folder and or some of it's contents which contain the shared files?Could a downloader of those files decrypt them on the other end?:D

rik
November 21st, 2003, 16:12 PM
I don't mean to sound like a downer, and I'm not here to argue the ethics or morals of file sharing either. I reach back to the girl and her parents comments that there is nothing within the software that indicates what you are doing is potentially illegal. I have not read the Kazaa EULA but I have read Bit Torents and it does have a disclaimer built in. I think we are all adult enough to realize that "nothing is free", but also, I have always been told that ignorance of the law whether in country or abroad is no excuse or defense.

ok, I'm done...

efc
November 21st, 2003, 19:11 PM
rik-It is good to remind everyone again that file sharing is illegal.

The thing that he me "mad as hell" is that the RIAA doesn't sue the individual that has $10 million dollars in the bank. Someone like that can hire lawyers and probably uncover all of the weaknesses in the RIAA case. No, they pick on the weak. People that can't fight back. People that are afraid of loosing everything that they spent a lifetime acquiring.

I hope that the RIAA makes one of their many mistakes with someone that will clean their clock in court.

egghead
November 21st, 2003, 20:10 PM
off topic sorry?

i am starting to think that the reason Apples online store is so successful is because the people who are using Macs are in big business and have the money and credite cards to spend online and the majority of the file sharers are using windows pc's and are kids who use there parents machine. these are the kids like us who would pass the new cassette tape around class at the end of the day so friends could listen to it. they are also so the ones who copy the video after there parents go to sleep so they can watch it at a friends house on the weekend. No harm done.

Someone had to rent the video or buy the tape.

it is not a problem untill millions of people do it together.

This turns into a free rummage sale!

Who wants to buy something they can have for free?

someone who uses an Apple. that's who!

hehe


egghead

Facts in the last 10 years show macs do most advertising and special effects in movies and are tops in print and magazine publications.

Big Booger
November 21st, 2003, 23:25 PM
Interesting concepts there egghead.
:D