RIAA continues assault on file sharers
Posted on 19/08/08 22:35 by Michael Hatamoto                             
RIAA continues assault on file sharers
In its latest round of lawsuits against file sharers, the Recording Industry Association of America (RIAA) will get $6,050, or $756.25 per song, from a Bronx woman who allegedly shared eight music files through the peer-to-peer program Kazaa more than three years ago.  The woman, Denise Barker, initially challenged the constitutionality of paying up to $150,000 per file, but later decided to settle out of court with the RIAA, even though her attorney, Ray Beckerman, apparently was game towards attempting to litigate the case.

Even after admitting she had used Kazaa, Barker and Beckerman tried to convince the courts that the maximum penalty per shared song should have a maximum cap at $3.50 - up to five times the maximum the RIAA makes per song downloaded.
 
The RIAA and Barker agreed to a $110 monthly payment for 55 months, which will end in February 2013.

"Now that Ms. Barker has laid down her sword and shield, I hope other defendants will pick them up and carry them into battle," Beckerman told p2pnet.

To date, the RIAA has filed John Doe lawsuits against 20,000 people in the United States, with most people choosing to settle out of court for a few thousand dollars.  The RIAA's suit against Barker is one of the longest running file sharing suits, after beginning an interesting journey more than three years ago.  While Barker decided to settle and let others fight the battle against the RIAA, the U.S.-based trade group has had ups and downs in the court room over the past few months.

Several cases have been overturned, and at least one case will likely head to retrial in the immediate future, while many people simply decided to settle out of court.

 

Reactions
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By vikampion, Wed 20 Aug 2008 02:45

And then there are stories of record execs leaking songs for free promos.  Shouldn't these people get convicted too. I mean even if they are allowed to leak the songs, anyone who downloads them is breaking the law.

By shaolin007, Wed 20 Aug 2008 23:20
shaolin007

I think paying these outrageously huge fines is idiotic. It doesn't make sense. Would of been better just walking in store and risk getting caught shoplifting than this BS.

 

 

By BitRate, Thu 21 Aug 2008 08:59

The fines are way out of proportion with the crimes. Then again, if p2p users aren't savvy enough to use an ipblocker and other security measures then they only have themselves to blame.

 

By RIAAmustDIE (guest), Thu 21 Aug 2008 18:48

Vikampion, It's perfectly 'legal ' and ok for Corporations and the...let's say 'wealthy' to do whatever the hell they please.  Unfortunately that's just the way it is.


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