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RIAA Going After a 10-Year-Old Girl

Posted by kdawson on from the winning-friends dept.

NewYorkCountryLawyer writes "The latest target of the RIAA's ire is a 10-year-old girl in Oregon, who was 7 when the alleged infringement occurred, and whose disabled mother lives on Social Security. In Atlantic v. Andersen, an Oregon case that was widely reported in 2005 when the defendant counterclaimed against the RIAA under Oregon's RICO statute and other laws, the defendant's mother sought to limit the RIAA's deposition of the child to telephone or video-conference. The RIAA has refused, insisting on being able to grill the little girl in person. Here are court documents (PDF)."

6 of 510 comments (clear)

  1. Disturbing anyone? by micpp · · Score: 5, Insightful

    Hmm... they want to be able to meet with a ten-year-old girl in person. Now I may have been around the seedier sides of the internet a bit too much, but does that sound a little disturbing to you?

    1. Re:Disturbing anyone? by Anonymous Coward · · Score: 5, Insightful

      Of course it is disturbing and the judge should make sure that everything possible is done to protect this child and make sure that the RIAA gets the bill for it after they lose the case. Let us see what measures might be necessary:

      Guardian Ad Litem perhaps?

      Child Protective Services?

      Psychologists?

      Each of the above could probably add others to the list, but really, why don't the judge just do as many others have done and have a semi-private chat with the girl after reading submissions from both sides and then making a decision on whether arguements should be heard on her testifying or if the RIAA should just take a flying leap. If either side brings in professional testimony as to the child's ability to testify it could take forever and add up to incredible sums of money.

      If anyone reading here is associated with or knows someone associated with an Oregon law school, please make sure they know about this case as some free legal research and Friends of the Court filings might be beneficial to the young lady. Wouldn't hurt to let the highest possible elected officials and press to know they should follow the case as well.

      Just in case it isn't obvious enough from my post, IANAL.

  2. Prosecuting children by asninn · · Score: 5, Insightful

    I'm always amazed that it's even possible to prosecute children in the USA at all. In Germany, for example, the age at which you start to have a limited legal liability for your actions is 14; if you're 13 or younger, you can't be prosecuted for anything you do, period. (Of course, your *parents* might, and you might end up in foster care or so, too, but you can't get put on trial or sent to prison or so yourself.) I'm not sure about other nations, but I imagine that it's similar elsewhere, too.

    (And it makes sense, too: when someone isn't old enough to vote, drive a car, drink a beer, smoke a cigarette or have sex with their girl-/boyfriend, why should they be old enough to be put on trial?)

    --
    butter the donkey
    1. Re:Prosecuting children by rolfwind · · Score: 5, Insightful

      I have to disagree, some children know exactly what they are doing at a young age (talking about malicious acts here). That there are little consequences for them does not improve matters.

      I agree that children under 14 should and can be prosecuted for certain crimes - albeit with a lighter sentence with a nod to maturity, maliciousness and other factors. Now, I am talking about murder, arson, etcetera with direct harm to other people.

      Copyright Infringement is an abstract matter with a real but indefinite (but limited) financial harm involve. It should be accepted downloading music may have deprived the copyright holder of about $.99 for a single track or $15-20 for a CD. Let the punishment fit the crime - it should involve a slap on the wrist. It should not involve bankrupting parents or dragging them through endless court proceedings.

      It should be accepted that by having the court involved that this sort of thing is costing society more than it is worth - that these cases should simply not be accepted. Go to small claims court to get back small claims. Do not claim 100K in fantasy damages to make one person the example to hold up to others. That is not justice.

      That, imo, is a greater violence to the children. Just imagine some father or mother, having lost everything, taking it out on the children - physically or emotionally, after such an event. It doesn't even have to be intentional, just in the background. Or the knowledge that you caused your parents financial ruin growing up as a kid. The way this crap the RIAA pulls can destroy lives is criminal.

  3. RIAA will keep on going by rolfwind · · Score: 5, Insightful

    Okay, first off, let us stop pretending the RIAA cares about it's image - it doesn't. For their current strategy - it's actually beneficial to be despised, hopefully feared. It's the front man for several big music companies and as long as their names (Sony, BMG, etc) are out of the headlines, it is doing its job.

    I just wonder if it will ever backfire - in that the Politicians stand up to them. But under what circumstances? Enough bad publicity? Who haven't they paid off? I'm cynical enough to believe it isn't happening. No matter what regime - political parties themselves are machines of corruption. Always have been, always will be.

    CD sales are down, but that could be due to people buying the single digital tracks they want instead of entire albums. Other than that, the demograhic with the time and money to waste on music - teens and 20 somethings - just don't care. Now, I'm talking about your typical person there - not all of them. The reason is the majority of people like to believe they will never get caught. Like speeding tickets.

    Artists - this will probably be the only weak point but that means they jump from one master to another, like iTunes. Still, some have rocked the boat, I hope others join in.

    I believe nothing will change for a long time though I hope otherwise. I won't shed tears when the racket dies, but don't forsee the internet killing them off for a good long while.

  4. Title it 'Matchbox Twenty's Label Sues 10-yr Old' by $pace6host · · Score: 5, Insightful

    Lets stop opening with "RIAA" -- hardly anyone outside of /. seems to have any clue who that really is. Instead, name the actual RIAA members that are responsible, and list a few of their high-profile artists. People should know who to boycott if they're outraged. When "average joe" sees a story about the RIAA suing a kid, he thinks "those bastards!" and then he picks up a CD at the FYE in the mall. To "average joe", there's little connection. Make the title something like "Matchbox Twenty's Label Sues 10-yr Old". In the article, clearly explain that Atlantic Records, the label representing artists like "Matchbox Twenty" (list a few more from their website), in conjunction with their RIAA partners is engaged in a lawsuit against a 10-yr old girl. Explain that by purchasing music by these artists, one is supporting this kind of behavior, even though the artists themselves may not direct the actions. Encourage the artists to speak out against their label and its dubious tactics, suspect methods, and arguably coercive behavior. Help "average joe" understand what continued support of these labels through their artists enables. Don't let them wear one face in the mall and a different one in the courtroom. Let the artists feel the negative side of having the RIAA represent them. Maybe some day in the future artists will stand up and reject the RIAA because its tactics hurt their image. Maybe some day the RIAA labels will have trouble signing new artists because association with the RIAA will hurt their career prospects. That day will never come if people don't associate the artists with the behavior of the RIAA.