“Innocent Infringer” Will Undergo Hardship With Court FineAdded: Monday, December 13th, 2010
Category: Recent Headlines Involving File Sharing > Ridiculous Criminal Trials
Tags:ET, p2p, Torrent, Piracy, Peer To Peer, Network, Hackers, Internet, BitTorrent, Google, utorrent, bitcomet, extratorrent, 2010, www.extrattorrent.com
Whitney Harper, granted an “innocent infringer’s” exemption while being found guilty of unauthorized download of several copyrighted music tracks, admitted that she wasn’t sure how to come up with the $27,750 fine that she was ordered to pay to music industry for copyright violation.
Found guilty of illegal file-sharing from the age of 14 to 16 years old, Whitney Harper was originally granted an exemption by the Judge Xavier Rodriguez 2 years ago. Under the “innocent infringer’s” exemption, she was ordered to pay $200 per each case of infringement, which totaled to $7400, instead of the Copyright Act’s $750 per case, or $27,750.
Whitney argued that she was an “innocent infringer”, as she didn’t know that files available on P2P network were stolen copyrighted content. Besides, she couldn’t see the warning located on physical CDs about the fact that the tracks were copyrighted. However, the ruling was later revoked by the 5th Circuit Court of Appeals, which decided that the existence of warnings was sufficient for making Harper guilty. Consequently, the court increased the fine to $27,750.
Of course, for the music industry it’s a pyrrhic victory, as the girl admitted she doesn’t have a lot of options to pay. Whitney avoided a jury trial due to the fears of a huge verdict, like that handed to Jammie Thomas, who was ordered to pay around $1.5 million for unauthorized sharing of 24 music tracks, and Harper was found guilty of sharing even more! Actually, the law allows for statutory damages of up to $150,000 per each case of violation. However, the girl now regrets about earlier decision, and blames it on her youth.
She says that at the moment she really had no idea about what she was doing, and thought she would have had a different outcome. Now she believes that after all, she was just a kid, and a jury wouldn’t have honestly found her liable for millions of dollars worth of damages.
In fact, Justice Samuel Alito also emphasized that the Court of Appeals didn’t pay any attention to Harper’s youth and lack of “legal sophistication” when coming to conclusion that the girl should have had reason to believe she was doing illegal things. As for today, Whitney hasn’t received an official bill from the RIAA demanding the $27,750. Nevertheless, she admits that when it comes, her only way will be to declare bankruptcy.
December 13th, 2010Posted by:
Monday, December 13th, 2010
|posted by (2010-12-13 22:14:10)|
|Lol Did she use a proxy-vpn? perhaps she she never took down her downloads and kept on her pc which she never cleaned or secured......cnet has a free download for revo evidence remover runs every 14 hours of the day. try thumb drive u can swallow them..lol she was better off doing a hit and run being that she was a rookie and all.|
|posted by (2010-12-13 22:50:23)|
|Here's a thought. Maybe we should help this child out. It is obvious that she is being made a scapegoat and the demons are trying to flex their muscle by abusing a kid. A KID!!! Their are enough people in the US who could contribute one dollar to stop this CHILD's public lynching.|
|posted by (2010-12-14 22:07:19)|
|Hey good idea.I kick in 10 bucks for the cause but this is something that she should work on or family to try to raise money from supporters and talk with p2p sight Administrators about placing and add for help .or a web sight that could help her out.||
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