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Teenager foils RIAA P2P lawsuit


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The campaign by the Recording Industry Association of America (RIAA) to sue music downloaders has suffered a setback after the trade body lost a case in the US.

Candy Chan, a mother from Michigan, had been facing a heavy fine after she was sued for file sharing by Priority Records on behalf of Sony Music and Warner Brothers.

But the court has dismissed the case 'without prejudice', meaning that she cannot be prosecuted again.

The case began when Chan's IP address was found on a P2P network, along with an email address. But after the suit was filed Chan pointed out that the email address belonged to her 13 year-old daughter. She objected when the prosecution then tried to sue her child.

Judge Lawrence P Zatkoff said in the court report: "Chan opposed the motion and asserted that the plaintiffs used a 'shotgun' approach to pursue this action, threatening to sue all of Chan's children and engaging in abusive behaviour to attempt to utilise the court as a collection agency."

The case hinged on whether Chan was liable for her daughter's actions. The music industry argued that, since she had given the child a computer, Chan shared the liability. But the court rejected this view.

The RIAA has been suing people who download music illegally for more than two years and cases have been brought against children, students and even a corpse.

Some consumers have fought back, however. One even filed racketeering charges against the music industry under law s designed to combat organised crime and a pending anti-trust case.

The British Phonographic Industry has also begun suing UK file sharers.

Source - TorrentSpy

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that's a good cover...lol

i dont believe it will protect them. they will just sue the parents agian. besides a lot of kids d/l kiddy porn (or buy viewing each other on webcams or sending pics of themselves on cams) and the parents got bursted in criminal cases.

i dont like the rica one i thought that should apply against these sobs

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you're right bb but in this case the court itself ruled out the case. about the kiddy porn, it's gonna be different story when it's in the court.

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