 mglunt join:2001-09-10 Fredericksburg, VA 1 edit | She's in the wrong here. Don't want to make all the anti-RIAA people too mad here, but she is clearly in the wrong. Even though I think the RIAA is being stupid running around suing everyone (I think it is hurting them more than helping), she is going to lose.
She ADMITS Kazaa was on her computer. She admits it was used. Her only defense is that the computer and the Internet connection that SHE is responsible for was used by a friend of her kids. I guarantee you her kids were willing accomplices in this.
The only option she has that I can see is to settle and go after the parents of her kids' friend in civil court.
I also think the paragraph used to headline this story was a bit misleading. I read it and figured Kazaa wasn't even installed. It was installed and used. |
 keith2468Premium,MVM join:2001-02-03 Winnipeg, MB | I don't know how it works in the US, but if she was in Canada, her lawyer could likely choose to bring the parents of the children involved into the lawsuit against her. (Most Canadians are totally unaware of this detail of how liability cases are decided.)
That would mean that if she could show that she probably wasn't liable for the loss she would be off the hook. (This isn't a criminal case, the record company just has to show she probably is responsible for their loss.)
The judge might even award her costs to whoever looses the case.
Of course the parents of the other kid (if her alleged story is true) probably wouldn't speak to her again. -- (Virus&Hijacking FAQ + Submit suspected malware + Backups FAQ + Security FAQ TOC) |