12yo Girl sued by RIAA

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digitalsm

Diamond Member
Jul 11, 2003
5,253
0
0
Originally posted by: HJB417
Originally posted by: digitalsm
Originally posted by: ReiAyanami
Here's the question: if a multi-person household shares an internet connection, how can the RIAA prove which person actually commited the terrorist activity of file-sharing? suppose there are 4 ppl in a house, then each has 1/4th of a chance of being guilty, and 3/4ths of being innocent, which is well beyond a reasonable doubt.

The owner of the computer is liable in that case. This isnt criminal court, civil court doesnt require to be quilty beyond a reasonable doubt.

what if you maintain a (wireless )router? How will the RIAA know which IP it came from if its NATed

The person with the wireless router would be liable/negligent.
 

Tret

Golden Member
Feb 6, 2003
1,846
0
76
Why is the riaa suing sharers? Why not sue Kazaa or anyother sharing company they're the one who are letting us connect to eachother and download.
 

digitalsm

Diamond Member
Jul 11, 2003
5,253
0
0
Originally posted by: CrazyDe1
Originally posted by: digitalsm
Originally posted by: CrazyDe1
Originally posted by: ReiAyanami
Here's the question: if a multi-person household shares an internet connection, how can the RIAA prove which person actually commited the terrorist activity of file-sharing? suppose there are 4 ppl in a house, then each has 1/4th of a chance of being guilty, and 3/4ths of being innocent, which is well beyond a reasonable doubt.

They can't...in this case they'd prosecute the person with the ISP account...which again, could completely be innocent. This is like photo radar...I've gotten 3 or 4 photo radar ticekts but since my car is not registered under my name, they alwys get thrown out.

This is slightly different. This is a civil case, its not ticket court, or criminal court. All they have to prove is the person is liable, which would be fairly simple to do. Now if we are talking about the proposed law in congress, that doesnt have the support to pass. The Senate is investigating the RIAA at the current time.

How are you liable if they can't prove there's any files on your computer? The only thing they can prove is that someone using your ISP account downloaded the material. Aren't liability cases, like the cigarette cases and mcey d's coffee cases always jury based? I still don't know any reasonable person who would find someone liable of doing something based on evidence like that....

So basically anything that is electronically transmitted cant be a crime? I dont have any idea what you are thinking but that just isnt the case. I mean how can they convict hackers or virus writers? Online fraud? etc.
 

digitalsm

Diamond Member
Jul 11, 2003
5,253
0
0
Originally posted by: Tret
Why is the riaa suing sharers? Why not sue Kazaa or anyother sharing company they're the one who are letting us connect to eachother and download.

They have brought cases against KaZaa as well as other filing sharing software companies.
 

Tret

Golden Member
Feb 6, 2003
1,846
0
76
Originally posted by: digitalsm
Originally posted by: Tret
Why is the riaa suing sharers? Why not sue Kazaa or anyother sharing company they're the one who are letting us connect to eachother and download.

They have brought cases against KaZaa as well as other filing sharing software companies.

Then why are they suing us?
 

DainBramaged

Lifer
Jun 19, 2003
23,448
40
91
The more I hear and read about this, the more I feel like NOT buying music. I am sorry, but The RIAA seriously needs to get the point that music that sucks will not bring in $15 a pop. I don't know about AT, but a lot of people, faced with the decision to pay for the music they downloaded or delete it would probably delete it. Therefore, no money increase for the RIAA or the artists.
 

CrazyDe1

Diamond Member
Dec 18, 2001
3,089
0
0
Originally posted by: digitalsm
Originally posted by: CrazyDe1
Originally posted by: digitalsm
Originally posted by: CrazyDe1
Originally posted by: ReiAyanami
Here's the question: if a multi-person household shares an internet connection, how can the RIAA prove which person actually commited the terrorist activity of file-sharing? suppose there are 4 ppl in a house, then each has 1/4th of a chance of being guilty, and 3/4ths of being innocent, which is well beyond a reasonable doubt.

They can't...in this case they'd prosecute the person with the ISP account...which again, could completely be innocent. This is like photo radar...I've gotten 3 or 4 photo radar ticekts but since my car is not registered under my name, they alwys get thrown out.

This is slightly different. This is a civil case, its not ticket court, or criminal court. All they have to prove is the person is liable, which would be fairly simple to do. Now if we are talking about the proposed law in congress, that doesnt have the support to pass. The Senate is investigating the RIAA at the current time.

How are you liable if they can't prove there's any files on your computer? The only thing they can prove is that someone using your ISP account downloaded the material. Aren't liability cases, like the cigarette cases and mcey d's coffee cases always jury based? I still don't know any reasonable person who would find someone liable of doing something based on evidence like that....

So basically anything that is electronically transmitted cant be a crime? I dont have any idea what you are thinking but that just isnt the case. I mean how can they convict hackers or virus writers? Online fraud? etc.

They seize equipment or catch you in the act. If for example they seize a computer and match the mac address to that of your network card or modem, they have you. If you get rid of that mac address and there's no trace of hacking anywhere and they don't walk in on you doing it then you can't convict these people. There's other proof besides just an IP address usually. For example with fraud, there's other evidence, bank accounts, actual physical items. By the way, hackers, virus writers, online fraud, this is usually a criminal case, not a liability case.
 

digitalsm

Diamond Member
Jul 11, 2003
5,253
0
0
Originally posted by: Tret
Originally posted by: digitalsm
Originally posted by: Tret
Why is the riaa suing sharers? Why not sue Kazaa or anyother sharing company they're the one who are letting us connect to eachother and download.

They have brought cases against KaZaa as well as other filing sharing software companies.

Then why are they suing us?

Because the downloader and file sharer are just as liable as KaZaa. Although is KaZaa really liable? I mean its similar to VCRs, KaZaa has other legit uses, both VCRs(DVD/CD Burners) and KaZaa have legit uses, but they also allow piracy. However, everyone that shares IS liable, everyone that downloads is ALSO liable, KaZaa is really iffy.
 

digitalsm

Diamond Member
Jul 11, 2003
5,253
0
0
Originally posted by: CrazyDe1
Originally posted by: digitalsm
Originally posted by: CrazyDe1
Originally posted by: digitalsm
Originally posted by: CrazyDe1
Originally posted by: ReiAyanami
Here's the question: if a multi-person household shares an internet connection, how can the RIAA prove which person actually commited the terrorist activity of file-sharing? suppose there are 4 ppl in a house, then each has 1/4th of a chance of being guilty, and 3/4ths of being innocent, which is well beyond a reasonable doubt.

They can't...in this case they'd prosecute the person with the ISP account...which again, could completely be innocent. This is like photo radar...I've gotten 3 or 4 photo radar ticekts but since my car is not registered under my name, they alwys get thrown out.

This is slightly different. This is a civil case, its not ticket court, or criminal court. All they have to prove is the person is liable, which would be fairly simple to do. Now if we are talking about the proposed law in congress, that doesnt have the support to pass. The Senate is investigating the RIAA at the current time.

How are you liable if they can't prove there's any files on your computer? The only thing they can prove is that someone using your ISP account downloaded the material. Aren't liability cases, like the cigarette cases and mcey d's coffee cases always jury based? I still don't know any reasonable person who would find someone liable of doing something based on evidence like that....

So basically anything that is electronically transmitted cant be a crime? I dont have any idea what you are thinking but that just isnt the case. I mean how can they convict hackers or virus writers? Online fraud? etc.

They seize equipment or catch you in the act. If for example they seize a computer and match the mac address to that of your network card or modem, they have you. If you get rid of that mac address and there's no trace of hacking anywhere and they don't walk in on you doing it then you can't convict these people. There's other proof besides just an IP address usually. For example with fraud, there's other evidence, bank accounts, actual physical items. By the way, hackers, virus writers, online fraud, this is usually a criminal case, not a liability case.


Im sorry to tell you but you can collect enough information, without needing pyshcial proof to convict someone. The FBI has some neat tools that they use, the RIAA does too. I mentioned those cases because they are much harder to convict than someone trying to prove liability in a civil case. And its funny, all the cases where people spoke out, are virtually SLAM DUNK cases, theyve admitted they or their computers were used to share/download music.

Also I might add, there are people convicted of murder, without any phsycial evidence or eye witness.
 

Bootprint

Diamond Member
Jan 11, 2002
9,847
0
0
I wonder if someone at the RIAA really listens to all the songs that they say are downloaded by the accused? Man that job would suck, but if they did I guess they would just get some poor law intern to do it...
 

CrazyDe1

Diamond Member
Dec 18, 2001
3,089
0
0
Originally posted by: digitalsm
Originally posted by: CrazyDe1
Originally posted by: digitalsm
Originally posted by: CrazyDe1
Originally posted by: digitalsm
Originally posted by: CrazyDe1
Originally posted by: ReiAyanami
Here's the question: if a multi-person household shares an internet connection, how can the RIAA prove which person actually commited the terrorist activity of file-sharing? suppose there are 4 ppl in a house, then each has 1/4th of a chance of being guilty, and 3/4ths of being innocent, which is well beyond a reasonable doubt.

They can't...in this case they'd prosecute the person with the ISP account...which again, could completely be innocent. This is like photo radar...I've gotten 3 or 4 photo radar ticekts but since my car is not registered under my name, they alwys get thrown out.

This is slightly different. This is a civil case, its not ticket court, or criminal court. All they have to prove is the person is liable, which would be fairly simple to do. Now if we are talking about the proposed law in congress, that doesnt have the support to pass. The Senate is investigating the RIAA at the current time.

How are you liable if they can't prove there's any files on your computer? The only thing they can prove is that someone using your ISP account downloaded the material. Aren't liability cases, like the cigarette cases and mcey d's coffee cases always jury based? I still don't know any reasonable person who would find someone liable of doing something based on evidence like that....

So basically anything that is electronically transmitted cant be a crime? I dont have any idea what you are thinking but that just isnt the case. I mean how can they convict hackers or virus writers? Online fraud? etc.

They seize equipment or catch you in the act. If for example they seize a computer and match the mac address to that of your network card or modem, they have you. If you get rid of that mac address and there's no trace of hacking anywhere and they don't walk in on you doing it then you can't convict these people. There's other proof besides just an IP address usually. For example with fraud, there's other evidence, bank accounts, actual physical items. By the way, hackers, virus writers, online fraud, this is usually a criminal case, not a liability case.


Im sorry to tell you but you can collect enough information, without needing pyshcial proof to convict someone. The FBI has some neat tools that they use, the RIAA does too. I mentioned those cases because they are much harder to convict than someone trying to prove liability in a civil case. And its funny, all the cases where people spoke out, are virtually SLAM DUNK cases, theyve admitted they or their computers were used to share/download music.

Also I might add, there are people convicted of murder, without any phsycial evidence or eye witness.

The RIAA is going off straight ISP subpoenas and IP addresses. The FBI has other tools they can use. Obviously if the FBI is your accuser or prosecuting you you have little chance of getting off because FBI cases are solid. They will have extra evidence including having your computer seized. The RIAA names names with nothing more than ISP subpoenas which is why it's possible to get off in this case. Of course people are going to admit it....most people that can get out of crimes admit guilt when they nkow they've been caught without thinking about ways to get out. Most people freak out and which is why in cases where 2 people would get off in none talked 1 ends up talking to get a little lighter sentence and the other gets screwed.

There's also people who get off of murder with tons of evidence. What's your point?
 

digitalsm

Diamond Member
Jul 11, 2003
5,253
0
0
Originally posted by: CrazyDe1
Originally posted by: digitalsm
Originally posted by: CrazyDe1
Originally posted by: digitalsm
Originally posted by: CrazyDe1
Originally posted by: digitalsm
Originally posted by: CrazyDe1
Originally posted by: ReiAyanami
Here's the question: if a multi-person household shares an internet connection, how can the RIAA prove which person actually commited the terrorist activity of file-sharing? suppose there are 4 ppl in a house, then each has 1/4th of a chance of being guilty, and 3/4ths of being innocent, which is well beyond a reasonable doubt.

They can't...in this case they'd prosecute the person with the ISP account...which again, could completely be innocent. This is like photo radar...I've gotten 3 or 4 photo radar ticekts but since my car is not registered under my name, they alwys get thrown out.

This is slightly different. This is a civil case, its not ticket court, or criminal court. All they have to prove is the person is liable, which would be fairly simple to do. Now if we are talking about the proposed law in congress, that doesnt have the support to pass. The Senate is investigating the RIAA at the current time.

How are you liable if they can't prove there's any files on your computer? The only thing they can prove is that someone using your ISP account downloaded the material. Aren't liability cases, like the cigarette cases and mcey d's coffee cases always jury based? I still don't know any reasonable person who would find someone liable of doing something based on evidence like that....

So basically anything that is electronically transmitted cant be a crime? I dont have any idea what you are thinking but that just isnt the case. I mean how can they convict hackers or virus writers? Online fraud? etc.

They seize equipment or catch you in the act. If for example they seize a computer and match the mac address to that of your network card or modem, they have you. If you get rid of that mac address and there's no trace of hacking anywhere and they don't walk in on you doing it then you can't convict these people. There's other proof besides just an IP address usually. For example with fraud, there's other evidence, bank accounts, actual physical items. By the way, hackers, virus writers, online fraud, this is usually a criminal case, not a liability case.


Im sorry to tell you but you can collect enough information, without needing pyshcial proof to convict someone. The FBI has some neat tools that they use, the RIAA does too. I mentioned those cases because they are much harder to convict than someone trying to prove liability in a civil case. And its funny, all the cases where people spoke out, are virtually SLAM DUNK cases, theyve admitted they or their computers were used to share/download music.

Also I might add, there are people convicted of murder, without any phsycial evidence or eye witness.

The RIAA is going off straight ISP subpoenas and IP addresses. The FBI has other tools they can use. Obviously if the FBI is your accuser or prosecuting you you have little chance of getting off because FBI cases are solid. They will have extra evidence including having your computer seized. The RIAA names names with nothing more than ISP subpoenas which is why it's possible to get off in this case. Of course people are going to admit it....most people that can get out of crimes admit guilt when they nkow they've been caught without thinking about ways to get out. Most people freak out and which is why in cases where 2 people would get off in none talked 1 ends up talking to get a little lighter sentence and the other gets screwed.

There's also people who get off of murder with tons of evidence. What's your point?

Theres slightly more to it than that. The RIAA is only going after filesharers, they would have a song or songs from the person, they would have their IPs, and the information from their ISPs FYI the information from the ISP is likely more than you think it is. Having all three things, its fairly simple to put everything together and link it to a persons computer, whithout have the computer.

I mean put it this way, they have the IP, the have the ISP information, the have the bandwidth logs, they have all the ip address that the person computer connected to and all the connections that connected to the person computer, they have the time of downloads, they also have other information. Thats enough "evidence" to prove liability. My whole point about people being convicted of murder with no real evidence or eye witness, its infinitly easier to prove a civil case.
 

SludgeFactory

Platinum Member
Sep 14, 2001
2,969
2
81
Originally posted by: digitalsm
Originally posted by: TretThen why are they suing us?

Because the downloader and file sharer are just as liable as KaZaa. Although is KaZaa really liable? I mean its similar to VCRs, KaZaa has other legit uses, both VCRs(DVD/CD Burners) and KaZaa have legit uses, but they also allow piracy. However, everyone that shares IS liable, everyone that downloads is ALSO liable, KaZaa is really iffy.
Right, the P2P's aren't liable -- they decentralized so they wouldn't be.

RIAA and MPAA brought legal action against all the major P2P's a couple years ago. Earlier this year there was a judgement in favor of Grokster, ruling that they are not liable for copyright infringement that occurs with the use of their software. I don't know where that case (or the Kazaa case) stands as of now, but it seems apparent that the RIAA has abandoned any hopes of closing down the post-Napster P2P's and decided they need to change their strategy.
 

CrazyDe1

Diamond Member
Dec 18, 2001
3,089
0
0
Originally posted by: digitalsm
Originally posted by: CrazyDe1
Originally posted by: digitalsm
Originally posted by: CrazyDe1
Originally posted by: digitalsm
Originally posted by: CrazyDe1
Originally posted by: digitalsm
Originally posted by: CrazyDe1
Originally posted by: ReiAyanami
Here's the question: if a multi-person household shares an internet connection, how can the RIAA prove which person actually commited the terrorist activity of file-sharing? suppose there are 4 ppl in a house, then each has 1/4th of a chance of being guilty, and 3/4ths of being innocent, which is well beyond a reasonable doubt.

They can't...in this case they'd prosecute the person with the ISP account...which again, could completely be innocent. This is like photo radar...I've gotten 3 or 4 photo radar ticekts but since my car is not registered under my name, they alwys get thrown out.

This is slightly different. This is a civil case, its not ticket court, or criminal court. All they have to prove is the person is liable, which would be fairly simple to do. Now if we are talking about the proposed law in congress, that doesnt have the support to pass. The Senate is investigating the RIAA at the current time.

How are you liable if they can't prove there's any files on your computer? The only thing they can prove is that someone using your ISP account downloaded the material. Aren't liability cases, like the cigarette cases and mcey d's coffee cases always jury based? I still don't know any reasonable person who would find someone liable of doing something based on evidence like that....

So basically anything that is electronically transmitted cant be a crime? I dont have any idea what you are thinking but that just isnt the case. I mean how can they convict hackers or virus writers? Online fraud? etc.

They seize equipment or catch you in the act. If for example they seize a computer and match the mac address to that of your network card or modem, they have you. If you get rid of that mac address and there's no trace of hacking anywhere and they don't walk in on you doing it then you can't convict these people. There's other proof besides just an IP address usually. For example with fraud, there's other evidence, bank accounts, actual physical items. By the way, hackers, virus writers, online fraud, this is usually a criminal case, not a liability case.


Im sorry to tell you but you can collect enough information, without needing pyshcial proof to convict someone. The FBI has some neat tools that they use, the RIAA does too. I mentioned those cases because they are much harder to convict than someone trying to prove liability in a civil case. And its funny, all the cases where people spoke out, are virtually SLAM DUNK cases, theyve admitted they or their computers were used to share/download music.

Also I might add, there are people convicted of murder, without any phsycial evidence or eye witness.

The RIAA is going off straight ISP subpoenas and IP addresses. The FBI has other tools they can use. Obviously if the FBI is your accuser or prosecuting you you have little chance of getting off because FBI cases are solid. They will have extra evidence including having your computer seized. The RIAA names names with nothing more than ISP subpoenas which is why it's possible to get off in this case. Of course people are going to admit it....most people that can get out of crimes admit guilt when they nkow they've been caught without thinking about ways to get out. Most people freak out and which is why in cases where 2 people would get off in none talked 1 ends up talking to get a little lighter sentence and the other gets screwed.

There's also people who get off of murder with tons of evidence. What's your point?

Theres slightly more to it than that. The RIAA is only going after filesharers, they would have a song or songs from the person, they would have their IPs, and the information from their ISPs FYI the information from the ISP is likely more than you think it is. Having all three things, its fairly simple to put everything together and link it to a persons computer, whithout have the computer.

I mean put it this way, they have the IP, the have the ISP information, the have the bandwidth logs, they have all the ip address that the person computer connected to and all the connections that connected to the person computer, they have the time of downloads, they also have other information. Thats enough "evidence" to prove liability. My whole point about people being convicted of murder with no real evidence or eye witness, its infinitly easier to prove a civil case.

Right, but in the article it seemed like the girl was only downloading. But if you someone walks into court and goes look, there's nothing on my computer, then the next logical step the RIAA does is finds a mac address and checks the mac address and matches it to the ISP log. Well, if you switched that out, now what? If you're always sharing tons of files obviously it's different and a little harder, but the same thing can still be done.

I'm not sure what valid proof is in a liability case but if it's a jury, I think you'd have a chance. Judges usually tend to side with enforcing the law...in this case they'd be more likely to be RIAA biased because downloading music is stealing and violating the law in their eyes.
 

CrazyDe1

Diamond Member
Dec 18, 2001
3,089
0
0
Originally posted by: RaiseUp
they were going after UPLOADERS? That article isnt clear if she was sharing the files??

Usually the RIAA only goes after uploaders...but it seems as though they're going after downloaders from the article...and it's impossible, in my eyes, to prove that you were downloading if they name you out in a lawsuit before seizing your computer.
 

sillymofo

Banned
Aug 11, 2003
5,817
2
0
Originally posted by: MacBaine
The group blames computer users such as Brianna, who use software programs to trade music with others on the Internet, for a 30% drop in music sales.
Maybe it's because you sued 30% of your customers.

No... it's because of more than 70% of music nowaday suxorz @rse. The only music that gets downloaded are the good music of yesteryears, that and pr0n. Phuck all this mmmbop craps.
 

MainFramed

Diamond Member
May 29, 2002
5,981
1
0
Thats bs!! i cannot even believe that, let alone they paid for the service. i hope they get of the suit well and then sue the RIAA (if they can, all i know by reading that article is that the RIAA is stupid)
 

digitalsm

Diamond Member
Jul 11, 2003
5,253
0
0
Originally posted by: CrazyDe1
Originally posted by: RaiseUp
they were going after UPLOADERS? That article isnt clear if she was sharing the files??

Usually the RIAA only goes after uploaders...but it seems as though they're going after downloaders from the article...and it's impossible, in my eyes, to prove that you were downloading if they name you out in a lawsuit before seizing your computer.

Well see the article doesnt make it clear, but I can say without a doubt, they busted her for uploading. Simply because most computer users are to stupid to understand the concept of the downloaded files going into your shared directory.
 

SludgeFactory

Platinum Member
Sep 14, 2001
2,969
2
81
Originally posted by: digitalsm
Well see the article doesnt make it clear, but I can say without a doubt, they busted her for uploading. Simply because most computer users are to stupid to understand the concept of the downloaded files going into your shared directory.
Considering that she paid for Kazaa, I would say that's a pretty safe bet
 

IEatChildren

Senior member
Jul 4, 2003
750
0
0
My solution to all of this is to "Disable sharing of files with other Kazaa users".
At which point I'm no longer sharing, I'm just taking
 
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