Posted on 05/16/2005 10:35:35 AM PDT by Diana in Wisconsin
MILWAUKEE -— Racine motorcycle salesman Dave Bink says he will fight a lawsuit against him by the recording industry concerning music he says his daughter downloaded to his computer off the Internet.
"I'm going to take it to court, even though I can't afford a lawyer,'' Bink,48, said. "I'll probably get chewed up and spit out. But I just don't think it's fair.''
The recording industry has been searching the Internet for people who used Kazaa and other Internet software to share and download copyrighted songs. It has sued 11,000 users for copyright infringement, including 104 in Wisconsin, including Bink in U.S. District Court at Milwaukee.
He said he did not know about the downloads until the lawsuit, and argues that he should not be sued for something his daughter did. He contends his daughter Samantha was duped by Kazaa's advertising.
The lawsuit calls for Bink to either pay $3,750 to settle or go to court, where he may be ordered to pay at least $750 per song for more than 600 songs.
"While we work to hold accountable the businesses that encourage and profit from illegal file sharing, it is critical for us to send a strong message to individual users that you can be caught and there are consequences for your actions,'' said Jenni Engebretsen, a spokeswoman for the Recording Industry Association of America.
A spokesman for Kazaa noted a message in fine print on its Web site says the company "does not condone activities and actions that infringe the rights of copyright owners.''
"As a Kazaa user,'' the Web site says, "it is your responsibility to obey all laws governing copyright in each country.''
Bink's daughter, Samantha, began using Kazaa two years ago when she was 13, saying her friends told her she could use the software to download music for free.
"I just thought it was really cool,'' she said.
She stopped eight months later under the instructions of her mother after a family member read an article about people who were being sued for downloading music. Sandy Bink said she did not know if her daughter was doing something illegal, but she wanted to play it safe.
The software was removed from the computer, and Samantha deleted the downloaded songs.
Engebretsen said 2,300 of the 11,000 lawsuits filed nationwide have been settled, and none has gone to trial.
Until now...
I'm not up on these downloading lawsuits, but I had NO idea it could ad up to that much. $450,000.00? Eeek! (If my math is correct, and the 2,300 "settled" suits were worth the average of $3,750.00, the industry has gotten back over $8 Million so far.)
I'm waiting for someone to fight these suits. In the 60s we recorded songs off the radio and no one sued us. What's the difference?
That is extortion plain and simple. $750 a song? You can download them for a buck a piece off of iTunes.
She should have done that instead of stealing them.
But she isn't exactly the one being held liable, is she? And even if she were, why she have to pay anything more than restitution + a possible punitive fine? It doesn't make sense that downloading a song carries a penalty thirty times that of stealing a CD from a store. Why is downloading so much worse than shoplifting? There's not even any physical loss of property!
If this guy has the guts, which is not likely, the RIAA bully will be sent packing, and maybe even have to return its ill-gotten gains.
Fear is the only thing the RIAA has going for it, and that will not last forever.
If I check out a book from the library and give it to a friend to read after I have finished with it, is that stealing? Why shouldn't my friend have to go check it out or buy it? If I loan a friend a DVD to watch, is that stealing? They weren't the one who bought it. If I record a song at a concert, is that stealing?
Hasn't RIAA already been confront, won several challenges in court, including a victory at SCOTUS?
I also recorded music off the radio in the 80s and 90s. The only difference now is that the RIAA sees an opportunity to overturn the 1982 Supreme Court decision allowing this music to be recorded or downloaded.
If 2300 of the lawsuits have been settled and nobody has gone to court, that means that 79% must have been thrown out of court. Its clear the RIAA has no case.
In order to allow antiquated industries like the vinyl-based recording industry, we must outlaw computers.
It is not fair that technology has changed and left these industries behind. We must not change business models when technlogy changes. Better to just eliminate the technology than allow change.
Computers should be outlawed, since they allow people to "steal" from dinosaurs.
No, because the book you check out and then let another read was bought and paid for.
If I loan a friend a DVD to watch, is that stealing?
No, because the DVD was bought and paid for. However, if you have a DVD burner and start handing out copies, then that is theft.
If I record a song at a concert, is that stealing?
Next time you go to a concert, read the ticket. No recording devices allowed.
"None. And it's no different than going to the library and checking out a book, music CD or Movie on DVD or tape. JMO."
I agree, Moe. When an "artist" or "author" comes up with a song or a book or a movie, someone is paying them UP FRONT for their creativity.
I sell my used books on line. Should the author get ANOTHER a piece of the pie, even after I've paid for the book, read it, then sell it to someone else for them to read?
How thinly should that pie be sliced? Thinly enough to give a piece to the Logger who felled the tree for the paper the book is printed on?
Seems like the music industry found a loophole and are seeing if they can make it large enough to drive a Money Truck through it.
No.
And I don't see how the RIAA has standing to bring suit anyway. It should be up to the individual artists to decide if they want to sue. A lot of unknown artists like that people download their music. Many people "discover" artists online and then buy their music. It works to their benefit sometimes.
"In the 60s we recorded songs off the radio and no one sued us."
You SOB, you're going down.
just kidding
Ignorance is bliss, and I'm only her parent.
What a moron.
No, as long as the friend returns it to the library.
If I loan a friend a DVD to watch, is that stealing?
No, as long as you give him the original and not a copy.
If I record a song at a concert, is that stealing?
Depends, most concert tickets have posted that recording devices are not allowed at concerts, and signs are placed to that effect at the entrances. So, if the band allows it, you can do it, otherwise it is copyright infringement.
Yes! I can't wait to see justice served.
My Family lost a fortune when our buggy whip manufacturing firm went under!
I want reparations!!!!!!!!
Wow, great minds must think alike.
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