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Old 07-25-2003, 11:13 AM   #1
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This has gone too far- Grandads, roommates being sued over music downloading!

This pisses me off, and scares me. Who knows who among us will be the next 'example?'

Parents, Grandparents Targets In Internet Music-Sharing Subpoenas


By TED BRIDIS
AP Technology Writer

July 24 - Move over, college kids. Grandparents and roommates may be the first ones to pay in time and money for downloading songs on the Internet.




The music industry's earliest subpoenas are aimed at a surprisingly eclectic group, including a grandfather, an unsuspecting dad and an apartment roommate.

"Within five minutes, if I can get hold of her, this will come to an end," said Gordon Pate of Dana Point, Calif., when told by The Associated Press that a federal subpoena had been issued over his daughter's music downloads.

The legal papers required an Internet provider, Comcast Cable Communications Inc., to hand over Pate's name and address. They were among nearly 1,000 subpoenas issued as part of the recording industry's high-stakes campaign to cripple online piracy by suing some of music's biggest fans.

Pate, 67, confirmed that his 23-year-old daughter, Leah Pate, had installed file-sharing software using an account cited on the subpoena. But he said his daughter would stop immediately and the family did not know using such software could result in a stern warning, expensive lawsuit or even criminal prosecution.

"There's no way either us or our daughter would do anything we knew to be illegal," Pate said, promising to remove the software quickly. "I don't think anybody knew this was illegal, just a way to get some music."

The president of the Recording Industry Association of America, the trade group for the largest music labels, said lawyers will pursue downloaders regardless of personal circumstances because it would deter other Internet users.

"The idea really is not to be selective, to let people know that if they're offering a substantial number of files for others to copy, they are at risk," Cary Sherman said. "It doesn't matter who they are."

Over the coming months this may be the Internet's equivalent of shock and awe, the stunning discovery by music fans across America that copyright lawyers can pierce the presumed anonymity of file-sharing, even for computer users hiding behind nicknames such as "hottdude0587" or "bluemonkey13."

In Charleston, W.Va., college student Amy Boggs said she quickly deleted more than 1,400 music files on her computer after the AP told her she was the target of a subpoena. Boggs said she sometimes downloaded dozens of songs on any given day, including ones by Fleetwood Mac, Blondie, Incubus and Busta Rhymes.

Since Boggs used her roommates' Internet account, the roommates' name and address were being turned over to music industry lawyers.

"This scares me so bad I never want to download anything again," said Boggs, who turned 22 on Thursday. "I never thought this would happen. There are millions of people out there doing this."

In homes where parents or grandparents may not closely monitor the family's Internet use, the news could be especially surprising. A defendant's liability can depend on their age and whether anyone else knew about the music downloads.

Bob Barnes, a 50-year-old grandfather in Fresno, Calif., and the target of a subpoena, acknowledged sharing "several hundred" music files. He said he used the Internet to download hard-to-find recordings of European artists because he was unsatisfied with modern American artists and grew tired of buying CDs without the chance to listen to them first.

"If you don't like it, you can't take it back," said Barnes, who runs a small video production company with his wife from their three-bedroom home. "You have all your little blonde, blue-eyed clones. There's no originality."

Citing the numeric Internet addresses of music downloaders, the RIAA has said it can only track users by comparing those addresses against subscriber records held by Internet providers. But the AP used those addresses and other details culled from subpoenas and was able to locate some Internet users who are among the music industry's earliest targets.

Pate was wavering whether to call the RIAA to negotiate a settlement. "Should I call a lawyer?" he wondered.

The RIAA's president was not sure what advice to offer because he never imagined downloaders could be identified until Internet providers turned over subscriber records, as the federal Digital Millennium Copyright Act requires them to do.

"It's not a scenario we had truthfully envisaged," Sherman said. "If somebody wants to settle before a lawsuit is filed it would be fine to call us, but it's really not clear how we're going to perceive this."

The association has issued at least 911 subpoenas so far, according to court records. Lawyers have said they expect to file at least several hundred lawsuits within eight weeks, and copyright laws allow for damages of $750 to $150,000 for each song.

The AP tracked targets of subpoenas to neighborhoods in Boston; Chicago; St. Louis; San Francisco; New York and Ann Arbor, Mich.

Outside legal experts urged the music industry to carefully select targets for its earliest lawsuits. Several lawyers said they were doubtful the RIAA ultimately will choose to sue computer users like the Pate family.

"If they end up picking on individuals who are perceived to be grandmothers or junior high students who have only downloaded in isolated incidents, they run the risk of a backlash," said Christopher Caldwell, a lawyer in Los Angeles who works with major studios and the Motion Picture Association of America.

The recording industry said Pate's daughter was offering songs by Billy Idol, Missy Elliot, Duran Duran, Def Leppard and other artists. Pate said that he never personally downloaded music and that he so zealously respects copyrights that he does not videotape movies off cable television channels.

Barnes, who used the Napster service until the music industry shut it down, said he rarely uses file-sharing software these days unless his grandson visits. The RIAA found songs on his computer by Marvin Gaye, Savage Garden, Berlin, the Eagles, Dire Straits and others.

Barnes expressed some concern about a possible lawsuit but was confident that "more likely they will probably come out with a cease and desist order" to stop him sharing music files on the Internet.

"I think they're trying to scare people," Barnes said.


Copyright 2003 Associated Press. All rights reserved.
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Old 07-25-2003, 02:33 PM   #2
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Don't you guys think this is outrageous? How is file downloading any different from taping off the radio or sharing home taping among friends, which has always happened?
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Old 07-25-2003, 02:36 PM   #3
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disclaimer: i don't want to seem like i'm holding a grudge leftover from the coldplay thread, or like i'm pretending to be a mod when i'm not one.

you know that thread up at the top talking about not starting threads that have already been started? it's just that this discussion has come up in a ton of other threads in the past couple weeks.
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Old 07-25-2003, 03:24 PM   #4
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But this is a brand new story, it just hit the wires today! So the topic might have been brought in some way up but not this new, extreme measures lawsuit story. That's why I thought it was new news, and I was not frequenting here back then. If anyone thinks it's too much like the old one it'll be merged.
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Old 07-25-2003, 04:45 PM   #5
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RIAA Hit List


The subpoenas are flying, and we're naming names. Are you on the list?

By Tech Live staff
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Video Highlight
The Silicon Valley company that stops swappers





The recording industry has launched a sweeping effort to identify and shut down individual song swappers, making good on recent threats to expand its legal battle against copyright theft.


The Recording Industry Association of America (RIAA) has now issued more than 911 subpoenas to Internet service providers across the United States, trying to get the names of people still offering music on file-sharing networks such as KaZaA and Grokster.


Today, "Tech Live" brings you the RIAA Hit List, the user names of file traders targeted in the recording industry subpoenas.


Last month, we brought you the story of Jesse Jordan, a 19-year-old college student who became one of the first to be hit with a lawsuit by the RIAA. Jordan settled his case by paying $12,000 to the RIAA.


The following user names were culled from subpoenas filed with the US District Court in Washington, DC. All subpoenas, incidentally, are being served by the Los Angeles law firm of Mitchell Silberberg & Knupp. A total of 253 RIAA subpoenas were listed as of July 22 through the federal court system's paid online database, PACER. The actual subpoenas are available to view online in about half the cases.


The court documents don't show individual users' real names. They do show file-sharing network user names, the user's ISP, the user's IP address, and a sampling of copyright songs the user allegedly made available for download. To date, many ISPs have been contacted, including Pac Bell Internet, SBC, Charter Communications, Comcast, Adelphia, RCN, and Time Warner.


Following is a list of the first user names from our review of the subpoenas.



Aab@Kazaa
Aboggs2@Kazaa
allstatetide@Kazaa
Amissann2@Kazaa
AngelaMikesell@Kazaa
anon39023@Kazaa
anthonybotz@Kazaa
aoster1@Kazaa
Ariel167@fileshare
asheejojo@Kazaa
Ashley@Grokster
azn_bahamut@Kazaa
B.B.C@Kazaa
badandy@Kazaa
Benchy987@Kazaa
Bigeasssy24@Kazaa
Bigpimpinitopey187@Kazaa
bigjohnhc@Kazaa
blazel@Kazaa
bluemonkey13@Kazaa
Boilermaker1214@Kazaa
brentandjonna@Kazaa
brich410@Kazaa
budman5000@Kazaa
Bush323@Kazaa
cado@Kazaa
Carolyn@fileshare
Casal@Kazaa
cbegalle@Kazaa
cherriie@Kazaa
CLOVER77@Kazaa
Corky101@Kazaa
Cortez1023@Kazaa
CowgirlMDR@Kazaa
crazyface@Kazaa
d-dubb@Grokster
dallass@Kazaa
daredevil@Kazaa
DEFAINCE357@Kazaa
definitely_ditzy@Kazaa
dimples0530@Kazaa
dmadigan@Kazaa
dotzbadger@Kazaa
dubcha@Kazaa
dulfingurl2@Kazaa
Dyellagurl22@Kazaa
Dziion@Kazaa
eddieh@Kazaa
emmi4@Kazaa
enbbarnes@Kazaa
ERIKA@Kazaa
felicia_alvarado@Kazaa
flowerpower0818@fileshare
fox3j@Kazaa
freckles72587@Kazaa
fritzbuilding@Kazaa
Generalby@Kazaa
Ghettobootybabe8@Kazaa
h2ochamp@kazaa
harris@Kazaa
heather_thee_amazing@Kazaa
hoami316@Kazaa
hooterzzz@Kazaa
hottdude0587@Kazaa
HyDang@Kazaa
ilovemydez@Kazaa
indepunk74@Kazaa
inthisroom@Kazaa
jamonie@Kazaa
JE_WV@Kazaa
Jeff@Kazaa
Jessica@Kazaa
jim@Kazaa
joanjett@Kazaa
joe@Kazaa
jomada@Kazaa
JustineRiot@Kazaa
kelney12@Kazaa
kenne007@Kazaa
KrAyZiE@Kazaa
ktgurl13@Grokster
kunstrukter@Kazaa
ladypimp8669@Kazaa
laurelbean@Kazaa
leahpate@Kazaa
LiLHuNnIe1480@Kazaa
Lisweet@Kazaa
Lyssy348@Kazaa
madkirk@fileshare
Marge4131@Kazaa
Marla262@Kazaa
mgokey@Kazaa
mike@Kazaa
Motivator@Kazaa
munkeyspanker21@Kazaa
nikki@Kazaa
Niltiak@Kazaa
Nodopefor2@Kazaa
paulina@Kazaa
pdia@Kazaa
PDJ1846@Kazaa
Playgirlmama@Kazaa
Prtythug23@Kazaa
qjade512@Kazaa
rebecca_m_122@Kazaa
rips42@Kazaa
rochelle@Kazaa
RockOn182@Kazaa
samlionofzino@Kazaa
shakobe@Kazaa
shonga84@Kazaa
sk8boyben@Kazaa
sneil@Kazaa
soccerdog@Kazaa
StolenSi@Kazaa
sus@Kazaa
Sweet3114@Kazaa
sweetthang1421@Kazaa
TheLastReal7@Kazaa
TMONEYNDHIZOUSE@kazaa
Tyler@Kazaa
Unit984@Kazaa
Westly_NoGood@Kazaa
www.k_lite.tk_Kazaa_Lite@Kazaa

We want to know how you feel now that song-swapping user names are being made public. Sound off on our message boards!



Originally aired July 23, 2003
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Old 07-25-2003, 06:26 PM   #6
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This is worse than I thought! But maybe they all used bogus addresses and phone numbers when they made those names so they'll never get caught. This is crazy though. Maybe they can sue for the public humiliation.
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Old 07-25-2003, 09:06 PM   #7
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this is so sad. does the RIAA think that suing its consumers that it will make them buy cds again?

besides think of how much money in legal costs they will waste by suing all these people.

the backlash of this will be nasty.

ps..isn't www.k_lite.tk_Kazaa_Lite@kazaa the default username when you d/l the program til ya change it?
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Old 07-25-2003, 09:16 PM   #8
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I read about this the other day. I gotta say, if they are hoping to make people feel sorry for them (the record companies), they sure are going about it the wrong way.
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Old 07-25-2003, 10:42 PM   #9
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I read or heard on the news, today that some Universitie's are refusing to turn over the student's named on the subpoenas by citing privacy laws that protect the students. They are not allowed to give out personal information on students. The subpoenas only have the email address and the school's name on them.
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Old 07-26-2003, 12:20 AM   #10
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terrible. it makes me feel sick. the riaa should be destroyed.

it honestly makes me feel like not downloading another song again.

and btw, have you noticed the wording in all these articles? people who download arent getting trouble - its those who offer files for others to download who are.

interesting.
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Old 07-26-2003, 12:56 AM   #11
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It never occurs to the music industry to try to create a better product, they'd rather blame fans for "stealing" and causing profits to slide than accept fault for churning out garbage. Why would you pay $19 for a CD that you like one or two songs from if you can go online and get that song for nothing? Please, this isn't rocket science!
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Old 07-26-2003, 01:15 AM   #12
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no shit, i agree.
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Old 07-26-2003, 01:39 AM   #13
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in 1996 I got fairly involved in the mp3 'movement'....
I leaked a certain unreleased song of a certain Irish band...
I said to friends, family, and coworkers..... that in a decade the music industry will have collapsed, if not entirely, mostly.

In 2000 I met with executives of one of the largest labels to discuss the 'problem', offer ideas/solutions, and a view point from a well informed consumer.

Unfortunately, they don't listen to consumers.

Warner is in the process of being broken up and sold.
4 majors left.

Looks like my prediction will become reality.
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Old 07-26-2003, 01:43 AM   #14
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ya the music industy needs a revolution of sorts, but as the current monsters of the trade are going down theyre doing everything they can to take the consumers down with them.

btw does anyone know if theyre only going after people who have stuff available to download or the downloaders themselves?
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Old 07-26-2003, 02:03 AM   #15
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those offering downloads
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