MPAA sues grandfather of 12 year old for up to $600,000
Posted on 03/11/05 00:00 by Dan Bell                             
MPAA sues grandfather of 12 year old for up to $600,000

Well, I know we post these a lot, but this one kind of gets the blood pressure going. We always wonder what happens if someone fights a settlement from these copyright reps. Now we can see at least what happens if you can't pay the settlement figure and have to go to court. In this case, the poor guy is broke and can't pay. So what does the MPAA do? The Motion Picture Association of America filed a federal lawsuit Tuesday against 67 year old Fred Lawrence of Racine, Wisconsin for "up to" $600,000 dollars.

"First of all, like I say, I guess I'd have to plead being naive about the whole thing," he said.

"I personally didn't do it, and I wouldn't do it. But I don't think it was anything but an innocent mistake my grandson made."

Lawrence said his grandson, who was then 12, downloaded "The Incredibles," "I, Robot," "The Grudge," and "The Forgotten" in December, without knowing it was illegal to do so.

The Racine man said his grandson downloaded the movies out of curiosity, and deleted the computer files immediately. The family already owned three of the four titles on DVD, he said.

"I can see where they wouldn't want this to happen, but when you get up around $4,000 ... I don't have that kind of money," Lawrence said. "I never was and never will be a wealthy person."

Speaking of I,Robot, Kori Bernards, vice-president of corporate communications for the MPAA, (I guess the president was "busy") let it be known that: "The movie industry wants people to understand the consequences of Internet piracy." Ms. Bernards went on to say that the problem is, since the movies were downloaded upon iMesh, they were then available for illegal distribution to thousands of scofflaws via the iMesh Network.  

Of course upon her next exhalation, she uttered the standard boilerplate, industry funded, but otherwise unsubstantiated statement of 5.4 billion dollar losses from piracy to those that are struggling to keep beans on the table in Hollywood. Maybe this helps her sleep at night. I sure as heck ain't buying those figures, lets see if the legal system sends this gal and her henchmen packing.

Source: Yahoo!


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Hmm .. sounds like another BS publicity stunt by those cold MPAA thugs. I wonder if the 12yr old used Peerguardian or an ipfilter blocker at all ?
...since the movies were downloaded upon iMesh, they were then available for illegal distribution to thousands of scofflaws via the iMesh Network. Er, did they go after the person providing the file, rather than the person who downloaded it? Downloading something does not automatically mean it goes into your share and you become a hub for it. If anything, Grandpa needs to bung the kid upside the head for downloading what he already has on DVD. What a waste of bandwidth! Frown
Oh well, there is always the Chan defence, which blew the RIAA out of the water in another case involving a minor, beside the industry looks a bit stupid for suing customers who have already purchased same on an ordinary dvd! gives the message to the consumer buy our legitimate product, but we will sue you anyway forget about the fair use laws! Somehow I get the feeling the Mob representing MPAA here are amateurs, are better versed in corporate, contract and tax laws then either civil or criminal law proceedings!cool
Hypnosis4U2NV Ms. Bernards went on to say that the problem is, since the movies were downloaded upon iMesh, they were then available for illegal distribution to thousands of scofflaws via the iMesh Network. Since the kid downloaded the files, they were them being shared also, which is the case of this lawsuit..
That's the problem with most file sharing networks. When you start downloading a file, the completed parts automatically become shared to the world so even though the boy didn't have the complete file during his download time (which is often several days for a network like edonkey), he was already redistributing parts of the copyrighted work to thousands thus the crux of this lawsuit. I think a legitimate tactic that could be used by all file sharers now would be to encrypt files with a commonly known password or maybe share a gigantic .par (google quickpar if you don't know what I'm talking about) file that has 100% of the blocks needed to recreate the original file. The the defense you could use would be the same defense a chemical company would use if sued by a family for their chemical being an ingredient to a bomb that someone set off. In other words you are sharing parts that in no way resemble the original copyrighted work, cannot recreate any portion of the copyrighted work on it's own, but when assembled with other parts from other people by someone of dishonest intent, could be used to break the law. In other words you're a fraction of the ingredients needed to break the law but not technically breaking the law yourself. You can't argue that an encrypted part or parity file is akin to piracy because any file (notepad.exe for instance or a text file of random garbage) can be made to resemble a copyrighted work when subjected to the right mathematical equation. This would force the RIAA to a position where they would have had to download the entire file from the person being sued and recreate the original copyrighted work and couldn't just download a handful of parts and file a lawsuit.
People can share the files on the network, which is the case but to distribute the movies in FULL im sure it would have taken a long time due to slower upload speed and what happens if that file was a bogus file like what the MPAA do to track peoples IP's You carnt win a case if you dont have the physical evidence, that is the actual WORKING movie on his computer.

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