Posted on 08/08/2003 8:49:10 AM PDT by chance33_98
Parents liable for kids' P2P downloads
By Robert Jaques [08-08-2003]
RIAA subpoenas bring file-swapping issue to a 'brisk boil', warn lawyers
US parents could face full liability if their children are discovered to have illegally downloaded copyrighted MP3 files and stored them on home computers, legal experts have warned. Parents will be held responsible for any consequences arising from their children's downloading of copyrighted music if they know about it and permit it, or if they have the opportunity to prevent it and fail to do so, according to lawyers at US law firm Bricker & Eckler.
The lawyers explained that the Recording Industry Association of America's move to identify individuals who have allegedly download and shared copyrighted music by issuing subpoenas to ISPs, means that the issue of responsibility and liability has gone from "a slow simmer to a brisk boil".
Although the law firm said that US law does not require parents constantly to monitor their children's internet activity, it warned: "The deciding liability factor will be whether a child's behaviour was sufficient to alert a reasonable parent that he or she was downloading music files illegally.
"Parents who are aware of MP3 files on their computers should find out if their children paid to download those files."
In addition to civil liability, Bricker & Eckler indicated that file-sharers may now face criminal misdemeanour or felony convictions under the federal No Electronic Theft Act.
The legislation punishes individuals who wilfully copy, distribute and traffic in copyrighted works on the internet.
The reproduction or distribution of 10 or more copies of copyrighted works with a total retail value of at least $2,500 constitutes a felony, with a maximum jail sentence of three years and a fine of $250,000.
The reproduction or distribution of one or more copyrighted works with a total retail value of more than $1,000 constitutes a misdemeanour, with a maximum custodial sentence of one year and a fine of up to $100,000.
"Given the popularity of file-swapping among teenagers, parents must speak with their children about downloading music before they are forced to pay the Pied Piper," warned the Bricker & Eckler lawyers.
Are parents really responsible for the actions of their children, and if so, I think parents should find lawyers who will bring public school teachers into this barf bag law suit because kids spend one-third of their waking hours at school under the supervision, state-sponsored instruction and control of their teachers.
Jury Trial Demanded.
Now, who did what to the Columbine Kid's parents, despite a shotgun barrel on the dresser?
BWAAAAAAAAAAAAAAHAHAHA!
I guarantee you that if I'm ever on a jury hearing such a case, the defendant will win.
This has all the makings of another drug war.
THE BIG 5 RECORD LABELS are not good for music. They built their cartel on a morass of exploitative record deals, pay for play radio, and album price fixing. They lock out any artist that rejects their terms and use their monopoly power to keep independent labels small and marginalized. Even musicians that succeed with major labels resent the unfair contracts they're forced to sign and the creative control they have to sacrifice. It's just as bad for fans: every year radio gets worse, CDs cost more, and now they're monitoring your home computer. It's way past time to end the major label death grip on radio, musicians, and everyone who likes music. Filesharing and CD burning make getting rid of the music industry possible, and they provide the foundation for a new system that directly connects musicians and their audience. Everybody wins when the middlemen are gone. If someone can download music and give a $2 donation to the band, that's 1/8 the price for them and twice as much for artists. The major label system has failed and it's time to build something better. We shouldn't be defensive about filesharing, and we can't be cautious about proposing new ideas. Music is screaming for us to do something. -DB
The left continues its stranglehold on the popular culture because of the media. So we either control the media or we decimate it, and thus defund the socialists.
You're probably on to something here. The next election will probably include a coalition of rappers, Democrats and pornographers uniting to get influence in Guvrmint.
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