14-Year-Old Cheerleader Isn’t “Innocent Infringer” For The CourtAdded: Tuesday, March 2nd, 2010
Category: Recent Headlines Involving File Sharing > Ridiculous Criminal Trials
Tags:ET, p2p, Torrent, Piracy, Peer To Peer, Network, Hackers, Internet, BitTorrent, utorrent, bitcomet, extratorrent, 2010, www.extrattorrent.com
The court revoked previously reduced judgment of $200 per each song having been illegally downloaded, thus increasing it to $750 per song. It told the defendant girl that reliance on her copyright law understanding is irrelevant.
The Recording Industry Association of America, after several successive defeats, succeeded in eking out a great win against used-to-be file-sharing teen aged cheerleader having downloaded thirty seven copyrighted songs illegally by mistake when she was between fourteen and sixteen years old.
An earlier decision was won by Whitney Harper, if you would like to call it a win, when US District Judge ruled her to be a Copyright Act’s “innocent infringer’s” exemption and ordered her to pay $200 per violation instead of the Act’s minimum of $750 per violation.
The girl had argued to be an “innocent infringer” as she had no understanding or knowledge of copyright infringement, file trading and online distribution networks. She also argued that KaZaA and other peer-to-peer programs did not tell her that files available on those networks were stolen or abused copyrighted material. She told the court she didn’t have any way to learn that information before the lawsuit.
Judge agreed on that part as the RIAA couldn’t convince him they did something sufficient enough (like putting labels on the CDs the songs have originally come from) to be a notification of copyrighted material to negate her defense as “innocent infringer”.
Now this judgment has been revoked by the Fifth Circuit Court of Appeals that has considered those notifications on the CDs to be sufficient, mostly because they have to be similar to the ones she has in her possession.
The rule of the Court to increase the penalties from $7500 to $28,000 does not seem to have any sense as Harper is now a 22 year-old college senior and she now faces the challenge of paying back RIAA fines as well as her student loans.
If the RIAA hopes to teach all the 14-year-olds not to use peer-to-peer networks, they are mistaken. Such judgment against a 14-year-old would only make people realize how outdated the laws really are, but not make them to be at such copyright law.
The actual question aside from the sympathy to the girl is the following: who can claim an “innocent infringer” exemption if even an eighth grader could not? A 3-year-old may be?
March 2nd, 2010Posted by:
Tuesday, March 2nd, 2010
|THX FOR THE READ SaM ThE MaN|
|posted by (2010-03-02 20:28:24)|
|WOW! That is totally ridiculous â€“ How is it they always seem to target Females, Children and the Elderly? My question is how do they bust file sharing people like that â€“ You would have to get the entire song from a single person? NO? One person sharing a file is rare and I would never wait for it. As for â€œinnocent infringerâ€ - who ever created that term?? The RIAA is out of control! Thanks for the Info!|
|A very sad state of affairs......|
|posted by (2010-03-02 22:10:19)|
|posted by (2010-03-02 22:25:47)|
|The actual question aside from the sympathy to the girl is the following: who can claim an â€œinnocent infringerâ€ exemption if even an eighth grader could not? A 3-year-old may be? lool yeaaah who can but its a sad storie|
|Great read, but I imagine the age group of five and under are next on their To Do list. What needs to really be exposed is how many of RIAA's employee's, families and friends do "illegal" file sharing and do not get reported.|
|Your Honor my 3 year old son downloaded all those files!|
|the RIAA has been out of control since the 70's!!! i wasnt even alive then but does anyone remember RIAA Vs. Foul Language!?|
|thanks for the article, innoncent infringer me thinks not.|
|yeah messiahx4ever the riaa can go to hell,go to hell and die!!!!!!|
|Ridiculus !i feel sorry for her !and the ones who even dragged her for this pity thing ! careful , u r about to burn ur own ass !|
|Why is she being "Hung out to dry". We are paying for their sins,remember buying a CD for $20,the ones that had one good song on it and the rest was "Let's make up some stupid songs just to fill up the CD". Downloading is the furture, whether they want to accept it or not, and using a little girl for an example, classic the strong preying on the weak. A "Leaked" copy of Wolverine did 179 million at the box office, to be honest, I wasn't going to go see it at the theater until I downloaded it. It was great. Gran Torino made 149 million, another victim of a "leaked" copy. How many times did anyone go to the movies only to find out that the best part of the entire movie was the commerical on TV. Well I still go to the theater, spend $30, and enjoy myself, but not for every thing Hollywood trys to sell us. Speaking of selling, why am I subjected to 10 minutes of commericals prior to the start of the feature, I love previews, but commericals? even the DVD's have gotton out of hand. Thank God for Torrents! Thanks for talking to me.|
|I'm not sure about anywhere else in the world, But Canada has a Ignorance is no Excuse law. Which pretty much means, Tough Poop if you broke a law you didn't know you were breaking, you still broke it. now that being said.. I think what is happening when they target children is that they set out to ruin the life of the child, and to also ultimately punish the parents for not monitoring their child 24/7. Because quite honestly, how many kids would be able to pay fines like this? its damn right horrid|
|posted by (2010-03-04 01:53:16)|
|OMG thats fn ridiculous. Thats really offensive and the RIAA / MPAA cant figure out why they dont get support from the public. How can you sypathize with them when they do this to people. I think of all the casette tapes Ive bought in my life and had to chuck them all out because they got all screwed and stretched. So instead of going out and buying the music in another format, I just download it. Whats wrong with that? Its so stupid when you hear people paying huge fines somtimes in the hundreds of thousands of dollars. Is some cases the person is f_cked for life. What the public needs to do is show these bastards some solidarity and quit buying all together.|
|well i travel the world and sorry a cheeleader is an "it" girl well thinks so...this girl knew what she was doing and hope it hits home to rich cheerleading familes etc....we are lucky again in the the uk as a minor below age of 12yr old do not know the right from wrong,so no offence if you are 11yr old.........i have meet many cheerleaders and they think they are above the law|
dj joey riot
|Interesting. Thanks Sam.|
|hey RIAA why don't we just skip the justic and the facts that these are kids and we just han them up on the trees like the old days.RIAA is pathatic bunch of money hungry a hole and they should be rounded and hung on a near by tree|
|posted by (2010-03-04 23:46:03)|
|@darren1974 Ya well so Ive done a few cheerleaders in my day too. Were some of them stuck up bitches, ya just about everyone. I still did them though. You are missing my point, these fines are ridiculous. The fine should only be like a buck a sony. Its like when people rent a movie and you bring it back late. Sure they charging you the $89.95 late fee but I always just say I could have bought the movie for cheaper, so heres $20, they always go for it. So I think $1 a song is plenty. For $750 you should be able to have sex with the artist.||
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